Q: Attorney Tully, I am accused of theft. The witness identified me in a line-up. The other people in the line-up didn’t look like me at all. Can I get the identification thrown out?

A: The old joke use to be the police would put 6 refrigerators and one human being in a line-up. Then they would ask the witness to pick out the right person. It is hard to find 7 or 8 people, who look alike, in a line-up. It’s a balancing test. Courts look to whether the process was so suggestive that misidentification likely occurred. Call me for a free meeting. Bernie