Baltimore Judge Denies Motion to Exclude Evidence from Attempted Murder Trial

By Andrew Michaels - May 26, 2021
Daily Stories | Non-Fatal Shooting | Suspects | Victims |

Associate Judge Dana Middleton denied the defense counsel’s motion to suppress a photo lineup from evidence on Wednesday as part of an impending attempted murder trial in Baltimore City Circuit Court.

On May 26, defense attorney Robert Cole and the prosecution called two witnesses, both Baltimore Police detectives, to the stand to discuss the defense’s motion to exclude a photo lineup from evidence in the case of 38-year-old Tyrone Wallace.

According to the defense counsel and the prosecution, Wallace allegedly shot a man, identified as his brother, in September 2020. Wallace is charged with attempted first- and second-degree murder, first-degree assault, reckless endangerment, use of a firearm in a violent crime, discharging a firearm, firearm possession with a felony conviction, illegal possession of a firearm, possession of a firearm while also in possession of drugs, and having a handgun on his person.

The first witness, a Baltimore Police Detective, said he got a statement from the victim at a hospital and then spoke with the victim about a week later at the Eastern District police station. The body-worn camera footage of the interview was used in court and submitted into evidence.

The footage showed the victim stating he did not know who shot him but that he was informed from others in the area. The victim later told detectives that a potential suspect’s nickname was “Freaky” and that he heard of this from those in the community.

Another detective presented multiple photos of potential suspects to the victim, one of which was Wallace. The victim identified Wallace, saying that he didn’t identify him to the detectives in order to protect his family.

Both detectives followed up with the victim after he saw the photo lineup to clarify the victim’s identification of a suspect.

Following defense counsel and the prosecution’s arguments, Judge Middleton said the detectives’ attempt to get an identification of a suspect was not “impermissibly suggested” during the photo lineup and she denied the motion.