By CHRISTINE L. PRATT Staff Writer
RALEIGH, N.C. - The woman who said she was raped at a party thrown by Duke's lacrosse team misidentified her alleged attackers in a photo lineup that was "an incoherent mass of contradiction and error," defense lawyers argued in court papers filed Thursday. Attorneys for the three indicted players filed a motion asking a judge to bar prosecutors from using the photo lineup at their clients' trial and prevent the accuser from identifying the players from the witness stand.
ID/PHOTOS: The trial court erred in granting defendants motion to suppress eyewitness identification evidence on the basis that the state had failed to demonstrate strict compliance by police with the requirements of R.C. 2933.83(B) in administering a photo lineup because R.C. 2933.83(C)(1) did not provide an independent basis to suppress an eyewitness identification resulting from or relating to that lineup.
Colorado Springs police investigators are so backlogged from a recent spate of homicides that they haven't had time to conduct a photo-lineup identification of a teenager arrested almost three weeks ago in the shooting death of a former star Wasson High School football player. Despite a gag order on all officials involved in the first- degree murder case against Tyrief Ahmad Reynolds, 17, that much information was revealed by 4th Judicial District Judge David Prince in denying The Gazette's request to photograph Reynolds at his first appearance Monday -- a request usually granted by judges.
Fayette County prosecutors will be allowed at trial to use a photo lineup that helped to identify a Washington County man accused of a July Fourth robbery and attack on an 82-year-old Nicholson man and his son, Judge Ralph Warman ruled Friday. Timothy R. Bowser, 29, of Washington, Pa., is charged with assaulting Frank and John Black after Bowser allegedly stole 17 firearms worth $3,400 from Frank Black's farm home.
HARTFORD police recently announced a major breakthrough in the crime for which James Tillman spent 17 years in prison before being exonerated in 2006. The breakthrough calls attention to the role of mistaken eyewitness identifications in wrongful convictions. Tillman was arrested in 1988 after a woman identified him in a police photo lineup as the man who jumped her as she got into her car after an evening of drinks with coworkers, drove her a couple of blocks and then raped her. Convicted of sexual assault and kidnapping in 1989 and sentenced to 45 years in prison, he was exonerated when DNA testing proved he wasn't the source of semen left on the woman's clothing.
Photo Gallery LONG BEACH -- The lineup of female trailblazers was undoubtedly impressive, but what they represent in a world where women still struggle daily for equality and respect, on scales minuscule and monumental, remains extraordinary.
Another discrepancy with respect to the State's case had to do with the assailant's description by plaintiffs. In a Dec. 2001 Supplemental Memorandum pertaining to [Persad]'s motion for a new trial and post-conviction bond, Attorney [Michael D. Gelety] noted that "[Robert Dziadik], like the other eyewitnesses, described the shooter with a pencil-thin mustache and very short hair." Furthermore, "not only did all of the eyewitnesses describe a totally different person, but eyewitness [Robert M. Marciante] could not identify the defendant, and in fact identified a different individual in the photo identification procedure; eyewitness [Gene W. Pullen] (the person closest to the shooter at the incident) identified a different person in the pretrial photo lineup." In addition, "victim, Mar...
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