Ottombrino

People v. Ottombrino

Bad Law
127 Cal. App. 3d 574·179 Cal. Rptr. 676·1982 Cal. App. LEXIS 1195
Court of Appeal of CaliforniaJanuary 7, 1982Crim. 13029California3,705 words

Opinion

Opinion

Levitt, J.

William Charles Ottombrino was charged with rape, robbery, attempted murder and other offenses involving victim Caridad Woolsey, together with kidnaping, rape and oral copulation involving victim Teresa Marshall.

A videotape was made at Ottombrino’s arraignment, he was photographed by the police, and his picture was shown to the victims at a photo lineup. Both victims selected Ottombrino’s picture, but said they would like to see him in person. Both victims then observed a television broadcast of the videotape at the suggestion of the police and identified Ottombrino. Later at a live lineup, both victims positively identified Ottombrino as their attacker, as they did also at the preliminary hearing and the trial. Ottombrino moved to suppress the results of the videotape television broadcast and subsequent identifications. The trial court ruled the videotape television broadcast viewing was highly suggestive and inadmissible but the live lineup and in-court identifications were not the product of it and hence the court admitted them into evidence.

After a jury trial, Ottombrino was convicted of attempted murder, assault with intent to commit murder, rape, kidnaping with…

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