State v. Bauer

The state appeals an order suppressing the identification of Daniel J. Bauer as the perpetrator of a sexual assault. The victim of the assault identified Bauer at the preliminary hearing. The in-court identification followed prior identifications from a photo array and a physical lineup. After the victim died in an automobile accident, the defendant sought to suppress the in-court identification because the state could not produce the photo array or a photograph of the lineup. The trial court concluded that the lost photographs were material evidence and that due process prohibits the state…