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Evidence Keyed to Park
State v. Moore
Citation:
188 N.J. 182 (2006)Facts
The victim, M.A., was awakened in her bed at 2:30 a.m. by a man who grabbed her neck and demanded money. He sexually assaulted and threatened her, telling not to look at him. She was unable to provide the police with enough information to develop a composite sketch of the assailant. Sixteen days after the assault, she underwent hypnosis by Dr. Samuel Babcock. Besides knowing that he was black, nothing about his face caught her attention. M.A. chose defendant Clarence Moore from a photo array. Subsequently, she identified him from two more arrays. Moore was the only person common to all three. On the witness stand at trial, M.A. made an in-court identification of Moore as the person who assaulted her. Moore was convicted, but the conviction was ultimately thrown out, primarily because of prosecutorial misconduct.
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