Defense Motions to Suppress Photo Array in Shooting of 13-Year-Old Girl

By Cynthia Eapen [former] - October 4, 2021
Attempted Murder | Court | Daily Stories | Shooting | Suspects | Victims |

A defense attorney motioned Oct. 4 to suppress evidence that a victim used to identify a man she says shot her.

Antwan Newton, 21, and Lasheena Stewart, 38, allegedly shot and paralyzed a girl around 9 p.m. on the 700 Block of East 20th Street on November 22, 2019. Newton is charged with attempted first and second-degree murder, conspiracy to commit first and second-degree murder, first and second-degree assault, conspiracy to commit first and second-degree assault, reckless endangerment, felony use of a firearm in a violent crime, carrying a handgun on his person, and firing a gun within the city.

Stewart faces the same charges, excluding two handgun charges. 

On Monday, Newton’s defense attorney, Chris Purpura, submitted a motion to suppress the identification of the shooter made by the 13-year-old victim in a photo array. 

Purpura’s motion to suppress the identification of Newton began with testimony from the lead detective.

According to the lead detective’s testimony, he had briefly spoken with the victim in the hospital on December 6, 2019. Prior to this conversation, he had spoken to other witnesses who had not identified Newton as the alleged shooter. 

During the interview, the victim wrote down Newton’s name, identifying him as the shooter, but could not provide a description of the shooter or confirm whether she saw him fire a gun. 

The prosecutor showed the body camera footage from the interview during Monday’s proceedings. Shortly after the interview, the victim was presented a photo array by another detective and was asked to identify the shooter. 

Purpura said that the victim had mentioned during the photo array that she was familiar with three other individuals in the line-up aside from Newton.

The lead detective testified that the photo array was conducted in a double-blind fashion, meaning the individual conducting the photo array has no connection to the case. The lead detective also said no one had told the victim to pick a certain individual from the photo array. 

The next to testify was the detective who conducted the photo array. 

He confirmed that the photo array was conducted through a double-blind procedure and that he never indicated which individual should be chosen from the line-up

Purpura said the photo array demonstrated suggestiveness since the victim knew four out of the five people included in the line-up. He connected this to the idea that there would be a greater chance for misidentification. 

But, the prosecution said there is no requirement or responsibility upon the officers to guarantee that the photo array does not contain individuals that the witness has seen before. He further reiterated that the lead detective did not deliberately arrange the photo array in this way as he had stated in his testimony. 

After hearing counsels’ arguments, Judge Cynthia H. Jones denied the defense’s motion to suppress the witness’ identification of Newton. 

Jury selection began Monday afternoon. 

Editor’s note: A jury found Antwan Newton not guilty on July 14. Lasheena Stewart’s case was dismissed on July 14.