State vs B. – Robbery

Mr. B., who had no prior criminal history, was facing seven to twenty one years of mandatory prison time. He had previously shopped at this convenience store (and subsequently left fingerprints) where the robbery took place. About a year later he was picked out of a flawed photo lineup where the assailant was described as dark skinned and my client was the only African American whom the police saw fit to include in the photo array. (The facts of this case still get my blood boiling). The other “witness” in this case was a crack addict whose story conflicted with the victims. Potentially exculpatory evidence that could have provided a solid DNA link to the real assailant’s identity (a Styrofoam cup) was lost when a police officer put it on the roof of his car and it blew away. After strenuously litigating the case, the State dismissed the case. Click to View Minute Entry.