California, United States of America
The following excerpt is from People v. Ketchens, B282486 (Cal. App. 2019):
Similarly, the defendant is deprived of a face-to-face encounter with a witness who testifies in court wearing a ski mask (People v. Sammons (1991) 191 Mich.App. 351 [478 N.W.2d 901] (Sammons)) or a disguise that conceals "almost all of [the witness's] face from view" (Romero v. State (Tex.Crim.App. 2005) 173 S.W.3d 502, 503 (Romero)). Allowing the witness to use such a disguise would effectively "remove the 'face' from 'face-to-face confrontation.' " (Id. at p. 506; see also U.S. v. Alimehmeti (S.D.N.Y. 2018) 284 F.Supp.3d 477, 489 [court rejected undercover officer's use of disguise, "such as using a niqab" while testifying because it would compromise the jury's ability to evaluate the credibility of the officer].)
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