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F 2.003a
Cautionary Instruction: Eyewitness Failing To Attend Pretrial Lineup
__________ [insert name of witness or witnesses] testified that [he] [she] [they] failed to attend the pretrial lineup, despite being requested to attend. You should view [his] [her] [their] testimony as to eyewitness identification with caution, as it may be less reliable than if [he] [she] [they] had attended the aforesaid lineup.
Points and Authorities
In People v. Fernandez (90) 219 CA3d 1379, 1384 [269 CR 116], the court addressed the question of the appropriate sanction to be applied when certain witnesses fail to attend a court-ordered lineup which has been requested by the defendant. The court utilized People v. Zamora (80) 28 C3d 88, 99 [167 CR 573] to conclude that suppression of the in-court identification “is too harsh.” (Fernandez 219 CA3d at 1385.)
However, it is appropriate to give an instruction similar to the one set forth above. (Ibid.)
NOTES
See FORECITE F 2.92a for adaption of this instruction to CJ 2.92.