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. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues