A defendant groomed in the style of an ancient Egyptian pharaoh stood out among the modern-day New Yorkers with whom he appeared in a lineup, making the procedure "unduly suggestive," said a state judge who barred any testimony about the result.
"In this court’s view, the lineup in which defendant was placed was not up to standard," Acting Supreme Court Justice Mark Dwyer in Brooklyn wrote on May 30 in People v. Santana, 2613/11. "Essentially, defendant was younger, taller, thinner, and darker than the fillers. One filler was defendant’s height, and in skin tone one was about as dark as defendant, but defendant did not blend in. Most importantly, his long hair singled him out, even though it was tied back, and so too did his very unusual chin hair."
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