Commonwealth v. Martin

Edward Martin was convicted in 2001 of assault with intent to kidnap, assault with intent to rape, and assault and battery. These charges arose out of a 1994 attack on a fifteen year old girl while she walked home from a beach in Yarmouth. On appeal, the defendant raises several grounds for reversal. He argues that the motion judge should have excluded the complainant’s one-on-one identification of the defendant as overly suggestive and the subsequent in-court identification as tainted; that the trial judge, who was not the same judge as the motion judge, should have sanitized a mug shot of…