Adolfo Z. Zamora v. People of the Territory of Guam

At his trial for robbery, the victim (Hill) had no trouble identifying Zamora as one of his assailants. But we know from United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 , that sometimes a witness may not be permitted to identify another in court if the witness first began his finger pointing at a police line-up where the defendant was commingled with other prisoners^ — if the defendant was not given certain safeguards.

Zamora was in prison (which often serves as the jail) in Guam awaiting trial on a murder charge. An Agana lawyer, David Shapiro, was his lawyer. Zamora has testified that he received word that he was to go into a line-up, that he sent for Shapiro and Shapiro made a prompt appearance and was present throughout.

But', says Zamora, he and Shapiro thought the line-up was to be in connection with the murder charge. But on Shapiro’s arrival, he and Zamora discovered the line-up was arranged for the viewing by a robbery victim, one Hill. No one was yet charged with the robbery. Zamora says the line-up not being about the murder case, Shapiro was about to leave the scene, but another lawyer, J. C. Arriola, was present and persuaded Shapiro to…