Commonwealth v. Ortiz

Trial was scheduled for July 12, 1994. In the course of several court appearances prior to the trial date, the parties advised the court of their inability to locate the alleged victim. At a July 7,1994, hearing on the defendant’s motion *1012to suppress the alleged victim’s photographic identification of the defendant, defense counsel informed the motion judge that the presiding judge at an earlier conference had continued the case to that date for the purpose of determining whether the alleged victim could be located. Defense counsel recalled that the judge had instructed the parties that the…