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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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