MATHIAS, J.
. . . At the hospital, Greensburg Police Officer Brendan Bridges (“Officer Bridges”) asked Aquino about the attack. Aquino told Officer Bridges that “Anthony Neukam” was his assailant. . . . Although Aquino had never met Neukam, he had seen photos of Neukam in Dolan’s house and on her MySpace.com web page. Officer Bridges asked Aquino to come to the police station when he was released from the hospital.
. . . .
In the meantime, Officer Bridges began to look for Neukam. Dolan’s father telephoned Neukam and told him to talk to the police. Neukam did so, but denied that he had attacked Aquino. Officer Bridges obtained Neukam’s driving record from the BMV and, when Aquino came to the police station, Officer Bridges showed Aquino a photo of Neukam from the BMV record to confirm that this was the same Anthony Neukam that had attacked him. Aquino confirmed that the photo was of the man who had attacked him.
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Here, the pre-trial identification procedure was not impermissibly suggestive. As the State correctly notes, Aquino was not identifying an unknown assailant. To the contrary, it was Aquino who initially and affirmatively told the police that his attacker was “Anthony Neukam.” . . . Although Aquino had not previously met Neukam before the attack, he had seen pictures of him at Dolan’s house and online. It was only after Aquino had identified Neukam by name that the police showed Aquino a photo of Neukam to confirm Aquino’s earlier identification.
Although there appears to be no Indiana case directly on point, at least one other court has considered the same circumstances and reached the same conclusion. In State v. Franklin, 121 P.3d 447, 453 (Kan. 2005), the victim identified her attacker by name and knew her address. A few days later, the police showed the victim a photograph of the defendant to “make certain that [the victim] and the police had the same person in mind.” Id. The Kansas Supreme Court rejected the defendant’s claim that this identification procedure was an impermissibly suggestive line-up. Id.
Here, Aquino knew what Neukam looked like from seeing photographs of Neukam at Dolan’s home, and he told the police that Neukam was his attacker. The police showed Aquino Neukam’s BMV photograph, not so that Aquino could identify an unknown assailant, but simply to confirm that the Anthony Neukam Aquino identified was the same person as the defendant. Under these circumstances, we cannot say that this identification was impermissibly suggestive. . . . Thus, even if Neukam had properly preserved his claim by making a contemporaneous objection at trial, he would not prevail on the merits.
BAKER, C.J., and NAJAM, J., concur.