LR, a 16-year-old high school student, was arrested and charged with Breaking and Entering a car. Parked along side a city street in Everett, a van was broken into. It happened around 1am. While driving down the streets, three local residents saw three young men run away from the van. The witnesses called police and offered no description of the suspects, other than that they were teenage boys and one was wearing a black t-shirt. Shortly after the break-in occurred the Everett police saw LR in a local park. LR was stopped because he was wearing a black t-shirt. The witnesses were brought to the park for a "show-up" identification. Not surprisingly, LR was identified as one of the young men in the van. Boston criminal defense attorney Henry Fasoldt filed a Motion to Suppress, arguing that the "show-up" identification was unnecessarily suggestive. The judge agreed. After the motion was allowed, the case was dismissed as there was no additional evidence against LR.