The Supreme Court affirmed the Superior Court's August 4, 2008 Order of Judgment and Commitment, holding that the trial court's admission of the out-of-court and in-court identifications of Appellant was not erroneous. In particular, the Court concluded that, although the pretrial identification procedure employed by the police was unnecessarily suggestive, the pretrial identification itself was nevertheless reliable under the totality of the circumstances. Additionally, the Court held that, because the admission of the pretrial identification was proper, the trial court did not err in admitting the in-court identification.
Supreme Court Of The Virgin Islands