New Hampshire's Supreme Court has reversed a judge's decision requiring prosecutors to provide a photo lineup for a defendant in a trespassing case.
The defendant in the Lebanon case said requiring the alleged victim to attend a pretrial deposition and identify a suspect from photos would ensure a fair trial. Prosecutors would supply booking photos, from which the defense would create a lineup for the alleged victim to choose from. Prosecutors objected to having to provide the photos.
The judge found the defendant's request was "neither unduly burdensome nor beyond the responsibility the state has." Prosecutors asked the state supreme court for a review.
The supreme court on Thursday said the judge had no authority to require the state to produce the photos for the defendant.
