Is This Eyewitness ID Illegal??? - Please Read

[CNN]

I live in Chicago, IL and I was arrested for mail fraud cos I accepted stollen goods shipped through FEDEX. B/4 trial, there was a video deposition by the prosecutor cos one of their witness who is a FEDEX driver was not going to be in town for the trial. Anyway, 6 months previously B/4 the depositon, the Fedex driver told the prosecutor that she was not sure if she can recognise the person that signed the package on that day. Pls bear in mind that the the package in question was signed on 27th march 2001 and this deposition was held on 21st Feb 2002. During the deposition, the prosecutor asked her if she can ID the person who signed the package, she pointed me out the person. She said the person was a tall black guy with a foreign accent. I was the only black guy in the room during the deposition. My lawyer asked her if she was ever shown a live line up, photo line up or video line up of me with other individuals prior to her ID and she said no. My lawyer also asked her how long she observed me and she siad for about 30 seconds. when asked what I was wearing or where I went after I signed the package, she said she doesn't remember. she is also a fed ex driver who come in contact with so many people everyday. And the Id was made about a year after the package was signed. Also there was no prior line up, or photo line up where by she can pick me out from a mist of other individuals.

My lawyer objected to this ID during trial and the judge denied my argument and allowed it into evidence. So my question is this: Do you think this ID was prejudicial and if so, can I file for mistrial based on this. Pls reply

 

[calatty]

Your objections go to the weight of the ID, not its admissibility. In other words, the ID was not inadmissible, but your attorney could attack its reliability on a number of grounds and it is up to the jury whether to give it any weight or not.