as the man who had robbed the store and who appeared on the videotape, although by the time of trial he had more facial hair and less on top of his head. Tr. 234-37. In cross-examination, the defense brought out that on November 19, a few days after the robbery, Butler had been shown a number of still photographs "taken from the videotape." Tr. 255, 262; Tr. Exh. 19. Both the display of these photographs and the line-up had been upheld after a pretrial hearing. The hearing court found as fact that there had been "no suggestion or direction to select a specific individual" at the line-up. The court further found that the viewing of the photographs, which had been described to Butler as having been extracted fromthe videotape and which she confirmed depicted the person who had robbed her, was also not "unduly suggestive" in that it did not create any possibility of "misidentification." Record on Appeal at 54-57.
Petitioner did not testify. The defense called Gee's brother-in-law, Walter Hogan, who testified that on November 14, 1997, Gee had been sleeping on the floor of a day-care center that Hogan and his wife operated adjacent to their home. He recalled seeing his brother-in-law once after 8:00 p.m. and that he, Hogan, went to sleep at about 11:30. Tr. 300-06. On cross-examination, he admitted knowing about the arrest and that he kept this "important" exculpatory information to himself for months without contacting the police. He also refused to give a statement to an investigator from the