Commonwealth v. Bruce

KELLY, Judge.

In this appeal, appellant, Kenneth Bruce, asks us to determine whether a shownip conducted in a hospital waiting room was unduly suggestive and unreliable, warranting the suppression of the subsequent identification. We are also asked to determine whether appellant’s conduct at the show-up constituted “concealment,” thereby warranting a jury charge, which would allow the jury to infer appellant’s consciousness of guilt. We hold that (1) the show-up at the Veteran’s Administration (V.A.) Hospital was not unduly suggestive; and, (2) the totality of the circumstances demonstrates…