Legal Question in Criminal Law in California

Re: Postive I.D.

The type of test you describe has already happened unless your husband waived his right to it. It was called a prliminary hearing.

At the prelim the D.A. must demonstrate that he has enough evidence to persuade a reasonable jury of the defendant's guilt beyond a reasonable doubt. He does not have to prove that a jury probably would convict; he need only prove that it is possible that reasonable jurors would do so. This is a pretty low threshhold.

The judge who handled the prelim would have dismissed the case if he felt the evidence was legally insufficient, so he must have been satisfied that there is enough evidence to go to trial.

Re: Postive I.D.

Identification, like all questions of fact, are for the jury to decide. There is no procedure to "challenge" facts. You cannot simply go to court and say "there isn't enough evidence." The judge will tell you that the jury must decide that at trial. During trial there are means by which to argue that the DA has not met its burden, but not before trial. But what you are asking is really a matter of showing the jury that there is not enough evidence to identify your husband. If your husband's lawyer is not focusing on this, maybe you need to hire a new lawyer.