Commonwealth v. Johnson

After a retrial before a jury, Defendant was convicted of assault by means of a dangerous weapon and other offenses. Before trial, two eyewitnesses described Defendant’s gender and race and the color of his clothing. However, neither eyewitness identified Defendant at the live lineup. The trial judge refused to give a modified identification instruction providing that the jury may consider that the eyewitnesses had the opportunity to view Defendant but did not identify him. The Supreme Judicial Court affirmed, holding that the judge did not abuse his discretion by declining to give an identification instruction where there was no positive eyewitness identification and no other eyewitness testimony that significantly incriminated Defendant. View "Commonwealth v. Johnson" on Justia Law