The victims were shown a photo lineup of 6 men which included my son’s picture from an ID card. Both victims said that hey were unable to recognize the assailant. The picture did not depict the men wearing a mask or hoodie. It was a full face picture. Now one would wonder how could an ID be made if one could only see the eyes. After all when a person wears a bandana as a mask, the intentions is to be unrecognizable. I remember when I would play cops and robbers, my bandana would cover my nose and mouth and and hat would cover my forehead.
Now the detective is in a bit of a dilemma. She has shown a photo-lineup in which the victims are unable to make an identification. She now finds herself between a rock and hard place. The detective became friendly with the victim. They talked on the phone. Oh, the lineup was done in her home.
So what to do? The detective tells my son to come to the police station on the pretense that she is helping him with his case, She then asks him to take a picture for him. Now remember, contrary to what one might think, my son is not street smart. He believed the detective. He actually thought that she was his friend. They talked on their cell phones. They met on several occasions. He had an ally. Subsequently, he allowed her to take many pictures of him. This was a mistake.
The detective took a new lineup to the lady. She said that the reason she did a second lineup was because the first wasn’t clear.
Well, the new photo lineup is six men including my son. However, my son’s face is the only common denominator in the picture. The other 5 men are different from the first photo. The victim now says that she is 60% positive that this is the person that assaulted her. She said that the nose looked familiar. The sworn deposition of the victim and the sworn deposition of the detective both say that they discussed facial features. I should also note that on the victim’s deposition, she said that she was unable to see the hairline. This information is relevant down the line.
In any event, how can you discuss facial features if you are unable to see the face? Is the detective suppose to be going over features? I think not.
I know everyone is wondering how I know all of this. Well, the fact is that I have every deposition, arrest affidavit, incident report, photo lineup and of course a copy of the 911 call. I will explain how I came to have all this information later.
The detective did not give the second victim a second lineup. Why? If she felt that the 1st victim needed another lineup, why didn’t she give it to the other victim? Why? The detective knew that he would stand his ground. She knew that see would unable to manipulate him the way she manipulated the victim and my son.
This was beginning to feel like something out of a John Grisham or James Patterson novel.