ILNews

Pre-trial ID of attacker allowed at trial

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The trial court didn’t err in allowing a victim’s pre-trial identification of his attacker, the Indiana Court of Appeals ruled today in a matter of first impression.

Anthony Neukam attacked his former girlfriend’s new boyfriend, Carlos Aquino, putting Aquino in the hospital. The two have never met but Aquino recognized Neukam from photos in the girlfriend’s home and on the girlfriend’s MySpace page. Aquino told police it was Neukam who attacked him. Police got a print of Neukam’s photo from the Bureau of Motor Vehicles and showed the photo to Aquino; he confirmed that was the man who attacked him.

Before his trial for battery and criminal mischief started, Neukam filed a motion to suppress the out-of-court identification, which the trial court denied. He was convicted of both charges.

In Anthony E. Neukam v. State of Indiana, No. 16A01-1002-CR-50, Neukam argues the identification process was unduly suggestive because the police officer showed Aquino only one photo that had Neukam’s name on it. Even though he failed to object at trial to the identification evidence and waived his claim on appeal, the Court of Appeals addressed it and found he wouldn’t have prevailed.

Aquino wasn’t identifying an unknown assailant and told police who his attacker was right after he was attacked. Only after Aquino said who his attacker was did police show him Neukam’s photo, wrote Judge Paul Mathias.

There isn’t any other Indiana case on this point, but using a case out of Kansas, State v. Franklin, 121 P.3d 447, 453 (Kan. 2005), they found the identification evidence to be properly admitted.

“The police showed Aquino Neukam’s BMV photograph, not so that Aquino could identify an unknown assailant, but simply to confirm that the Anthony Neukam Aquino identified was the same person as the defendant. Under these circumstances, we cannot say that this identification was impermissibly suggestive,” wrote the judge.

The appellate court also found sufficient evidence to support Neukam’s convictions.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

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