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Jon was charged with extortion after the victim received a late-night phone call demanding money. The caller repeatedly said, "Bring the envelope to Pier 9." The victim heard the caller for about three minutes and later described the voice as raspy and accented. After indictment and appointment of counsel, police required Jon and five fillers to participate in a voice lineup. Counsel was not notified.
All fillers read neutral sentences from a newspaper. Jon alone was required to repeat, "Bring the envelope to Pier 9" three times. Jon also was the only participant with a raspy voice. The victim identified Jon and said the phrase made her "100 percent certain." At trial, prosecutors also want Jon to repeat the phrase in court for the jury.
Jon moves to suppress the voice-lineup identification and objects to being required to speak in court. Analyze Fifth Amendment, Sixth Amendment, due process, reliability, and remedy issues.