On June 12th, I presented a motion entitled “Motion to Suppress Identification.” The motion sought to throw out the three eye witnesses’ identification of my client based upon my belief that the way the witnesses were shown my client’s picture was not proper.
Specifically, a police officer took a cell phone picture of my client and showed it to the three witnesses about an hour and a half after the incident. Showing the witnesses only one picture was too suggestive that this is the person who committed the crime. The Judge agreed that showing just one photograph was improper and the Judge granted my motion to suppress the identification. This means that the three witnesses who identified my client cannot testify in the case.
More importantly, my client was arrested based solely on the identification. Therefore, since the identification is thrown out, there was no proper reason to arrest my client and the arrest should also be thrown out. However, this is the subject of a Motion to Quash which I already have on file and will be set for hearing.