Commonwealth v. Delrio

Agnes, A.J.

This Memorandum of Decision deals with an issue that is common to two otherwise unrelated cases regarding the admissibility of certain out-of-court identifications that were the product of one-on-one show-up procedures arranged by the police, and alleged by the defendants to have been unnecessarily suggestive. In the first case, the defendant, Juan Delrio, is charged by indictment with assault with intent to commit murder and assault and batteiy by means of a dangerous weapon. In the second case, the defendant, Richard Pittman, is charged in an indictment with trafficking in…