that she was very certain of her identification. Tr. 104-106. She was also shown the photo spread on a third occasion, approximately a year later. Tr. 113. The pictures were spread out loosely in front of Smith, and she could not recall whether there was writing on the photos, although she assumed they must be pictures of persons who had been through the police system. Tr. 118-120. Smith said that she recognized Yatsko's picture as soon as she saw it.
Postal Inspector Michael O'Hara testified that he presented the photo array identified as Government Exhibit A to Smith on April 4, 1984. O'Hara obtained the pictures from the Washington Police Department, and had nothing to do with the selection of the pictures contained therein. Tr. 130-131.
In determining the reliability of eyewitness identification, this Court must apply the five-part test set forth in Neil v. Biggers, 409 U.S. 188, 34 L. Ed. 2d 401, 93 S. Ct. 375 (1972), and examine the following factors: (1) opportunity of the witness to view the criminal at the time of the crime; (2) the witness' degree of attention at the time of the crime; (3) accuracy of the witness' prior description; (4) witness' level of certainty when identifying the suspect; and (5) the length of time between the crime and the confrontation.
Mary Jane Smith testified that she observed the passenger of the car for two or three minutes at the time of the crime, and in daylight. Smith testified that in all of her years of experience at Pittsburgh National Bank she had never seen the Farmer name, and was therefore suspicious from the beginning. Tr. 102. Smith described the passenger as having short, reddish-brown hair, a protruding mouth and a sharp nose, and as reminding Smith of a former neighbor. Tr. 96-98. This was a relatively accurate description of the Defendant under the circumstances. Additionally, Smith was absolutely certain that the person she identified was the person who had occupied the passenger seat. Moreover, Smith was shown the photo spread almost immediately after the incident happened, and the following day as well. The relatively short time between the crime and the photo spread reinforces the reliability of the identification. The photo spread itself was not unduly suggestive. Of the eight photographs shown, four were of individuals with short straight hair. The composition of the photo spread did not unduly focus attention on the Defendant Peggy Yatsko.
In the totality of the circumstances, there was no suggestiveness inherent in the photo array shown to Mary Jane Smith, and the identification was reliable under all of the circumstances. The Motion to Suppress will be denied, and an appropriate Order will be entered.
AND NOW, this 27th day of November, 1985, after hearing and argument on the pretrial motions filed on behalf of the Defendants in the above-captioned case; and after due consideration of the record, briefs, issues and contentions of the parties; and for the reasons previously set forth in the accompanying Opinion;
IT IS ORDERED that the pre trial motions filed on behalf of the Defendants Cathy Roderick and Peggy Yatsko be and the same are hereby DENIED.
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