Acquitted: Homicide Witness Says Detective Influenced His Decision

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Editor’s note: The defendant was acquitted of charges in this case.

The key witness disputed his own photo array identification on the first day of a murder trial on Aug. 5 in Baltimore City Circuit Court. He claimed detectives encouraged him to choose the photo of the defendant, despite his initial hesitation.

Judge Erik S. Atas presided over the trial on Thursday, along with 12 jurors who were selected on Aug. 4.

Baltimore resident Elontae Walker is accused of killing 27-year-old Donald Jackson on the 2700 block of Cold Spring Lane on Aug. 26, 2019. Walker, 27, allegedly shot Jackson 11 times after an encounter in an alley.

During the trial, the witness testified that he contacted the Baltimore Police Department about the shooting three days after it occurred. While walking behind a shopping center, he saw a man shooting at someone on the ground. The witness said he was able to see the shooter’s face because he ran past him while fleeing the scene with another man.

According to the prosecution, the witness identified Walker as the shooter in a photo array three weeks later.

However, the witness said Walker was not one of the men who ran past him that night. The shooter had lighter skin and was younger and shorter than the defendant, the witness said.

The witness said one of the detectives, who showed him the photo array kept trying to get him to “focus” on the picture of Walker. He recalled telling detectives that he did not believe the man he saw at the shooting matched Walker’s picture.

The detective who administered the photo array denied ever directing the witness to choose Walker’s picture. He explained that photo arrays are “double-blind,” meaning the person who is showing the photo array should not know the details of the case.

However, it was revealed during the detective’s cross-examination, by Walker’s defense attorney Amy Stone, that he had visited the crime scene after the shooting took place to assist the primary detective, suggesting he knew details about the case.

Stone added that a video the prosecution played showed the lead investigator present in the room during the photo array, thereby, violating the double-blind procedure.

During the trial, a crime lab technician and police officer also testified. Their testimonies established the timeline of the investigation and demonstrated the procedure for evidence collection.

The trial is set to continue on Aug. 6.

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