Despite Objections, Judge Admits Video Evidence In Homicide Trial

Thank you for reading Baltimore Witness.
Consider making a donation to help us continue our mission.

A juvenile murder suspect’s trial got off to a contentious start before Baltimore City Circuit Court Judge Althea M. Handy on June 2, with defense attorney Robert Linthicum and the prosecution sparring over the admissibility of surveillance footage.

Samijae Canada, 17, is charged with two counts of first-degree murder and one each of felony firearm use, firearm possession as a minor, and carrying a handgun in connection to the murder of Robert Wagner, 18, in 2023. Due to the severity of the charges, Canada is being tried in adult criminal court, rather than as a juvenile.

According to charging documents, on Aug. 17, 2023, at approximately 11:36 p.m., Baltimore Police Department (BPD) officers responded to a shooting at the intersection of the 600 block of Cherry Blossom way and the 600 block of West Saratoga street. Upon arrival, they located Wagner in his 2020 Kia Sorento SUV, suffering from multiple gunshot wounds to his head and body.

Officers also recovered several 9mm shell casings from around the car. Area surveillance footage captured a group of Black males approaching the vehicle’s passenger side and opening fire. A person identified as Canada was the only person among the group who appeared to have a gun.

Wagner attempted to flee the scene, but collapsed and crashed into nearby parked cars. Canada then appeared to place a gun underneath another nearby vehicle. Investigators recovered the gun the day of the incident. Wagner succumbed to his injuries five days later.

At the start of the hearing, Linthicum attempted and failed to suppress a 10-minute video brought forth by the prosecution, claiming its emotional nature would “inflame” and prejudice the jury against Canada. Linthicum further argued that excluding the video from trial would not disadvantage the testimony of a responding officer who plans to testify about the incident details.

The prosecution disagreed and invoked case law, indicating a previous court ruling that allowed photos and videos of a similar nature. She reasoned the footage would provide the jury with a necessary and clear chronology of events.

Judge Handy ultimately denied Linthicum’s motion to suppress the video, reasoning that no officer could perfectly retell the details of any one incident without the aid of accompanying footage. She also noted the jury has the right to know what occurred.

“This is not a ‘whodunit’,” the prosecution said. “This is a murder.”

She emphasized how Wagner suffered from injuries for five more days before ultimately passing. Lincthicum rebutted the accusation and pointed to several apparent contradictions in the prosecution’s case, including officers’ failure to produce a photo array or locate additional witnesses to the shooting. One witness, Linthicum said, even misidentified the shooter.

As the trial commenced, the prosecution summoned four witnesses from BPD and to describre the video evidence Linthicum attempted to suppress. Linthicum continued to object in vain throughout testimony.

The trial is ongoing.