Was the photo array shown to Alana Edwards impermissibly suggestive?
The Defendant’s final challenge to the evidence in his case pertains to the photo array shown to Alana Edwards. The due process clause of the Fourteenth Amendment to the United States Constitution prevents use of [*19] evidence derived from unduly suggestive out-of-court identification procedures conducive to irreparable mistake identification. State v. Prentiss 557 A.2d 619 (Me 1989 (citing State v. Philbrick 551 A.2d 847 (Me 1988)). Maine has adopted the two step test or procedure set forth in Neil v. Biggers, 409 U.S. 188 93 S.Ct.375, 34 L.Ed.2d 401 (1972) by which to evaluate out-of-court identifications. The first step requires the Defendant challenging an out-of-court identification to prove by a preponderance of the evidence that the procedure used by law enforcement personnel was impermissibly suggestive. In the event that a Defendant meets this first requirement, the burden then shifts to the State to show by clear and convincing evidence that the corrupting influence of the u
