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Case 1:20-cr-00330-PAE Document 392 Filed 10/29/21 Page5of8 On June 23, 2021, almost twenty years after the alleged events, and 14 years after yy GE id not identify Ms. Maxwell as the perpetrator of any crime, the Government presented NS with a series of Jj photographs, attached as Exhibit A. yyy EE {be photographic identification procedure used was the functional equivalent of a one-on-one show-up. Any identification is tainted and should therefore be suppressed by the Court. ARGUMENT A defendant's right to due process includes the right not to be the object of suggestive police identification procedures that create “a very substantial likelihood of irreparable misidentification.” Simmons v. United States, 390 U.S. 377, 384 (1968); accord Neil v. Biggers, 409 U.S. 188, 198 (1972); see also Manson v. Brathwaite, 432 U.S. 98, 106 n.9, 114 (1977). This principle applies both to show-ups, see, e.g., Stovall v. Denno, 388 U.S. 293 (1967), and to photographic identifications. Simmons v. United States, 390 U.S. 377, 384 (1968). DOJ-OGR-00005742