The defendant is charged with assault with intent to commit murder. On the day of the assault, April 12, the defendant was an inmate of the federal prison in Lompoc, California. He is accused of attacking and brutally beating a guard, Foster, with a metal pipe. As a result of the beating, Foster's skull was fractured, and he remained hospitalized for a month. His memory was severely impaired. Foster was interviewed by an FBI agent on April 19. At that time he was unable to remember his attackers name. But Foster was much improved by May 5. On that date he named his attacker - the defendant - and described the attack. He identified the defendant from an array of photographs. The case is now on trial. On direct examination, Foster describes feeling the blows to his head and seeing blood on the floor. He clearly remembers identifying the photo of the defendant as his assailant in the May 5 interview with the FBI agent.
On cross-examination, the following happens:
Q. (By defense) Did you receive visitors at the hospital other than the FBI agent?
A. Yes, but I cannot remember who they were.
Q. Did any of your visitors suggest my client was your attacker?
A. I dont remember.Q. Do you remember seeing who struck you at the time of the attack?
A. No, I can't remember that.
Q. Did you see the face of the person who attacked you?
A. I don't remember.
Defense: Your honor, I move to strike the witness's direct testimony concerning the identification of my client's photo on May 5.
Judge: What's the basis for your motion?
1. What objections and motions should be made?
2. What are the best arguments to support the objections?
3. What are the best arguments to oppose the objections?
4. What are the proper rulings?
5. How else could these issues have been resolved?