Judge Denies Motion to Suppress Photo Array Identifying Shooter

By Cynthia Eapen [former] - October 25, 2021
Attempted Murder | Court | Daily Stories | Non-Fatal Shooting | Shooting | Victims |

Baltimore City Circuit Court Judge Robert K. Taylor denied a motion from defense counsel on Oct. 22 on behalf of three defendants charged in an attempted murder over three years ago. 

Daoin Finch and Antwain Partlow, both 22, and Matthew Talley, 29, face a series of charges, including attempted first-degree murder, first and second-degree assault, reckless endangerment, having a handgun in a vehicle, firearm use in a violent crime, conspiracy to use a firearm in a violent crime, having a handgun on their person, conspiracy to having a handgun on their person, and discharging firearms. 

Talley and Partlow also face second-degree murder charges, and Finch and Partlow are charged with possession of a firearm as a minor. Finch is additionally charged with attempted second-degree murder.

Since Friday’s proceedings was a matter regarding Finch’s identification, only his defense attorney, Paul Batchelor, was present. Defense attorneys Robert Durkin Jr., Tyler Mann, and Natalie McKeown Finegar, who represent Finch, Partlow, and Talley, respectively, left the hearing early once Judge Taylor confirmed that the matter did not involve the other defendants.

All are charged in an incident that occurred on March 29, 2018. According to Durkin, the three co-defendants were driving in Baltimore County—two in one car and one in a separate car—but the shooting occurred as the co-defendants were driving into Baltimore City.

The only motion for consideration was the defense’s motion to suppress a photo array. 

The victim was the first to testify and when questioned by the prosecution, he said that he identified Finch as the shooter in the photo array. He said that he had seen Finch several times before the incident, possibly “50 times or more.” 

During the first interview, the victim stated that he identified one person as the shooter. In the second interview, the photo array consisted of only one photo and the victim identified the individual in the photo as the shooter. 

The prosecution attempted to play a video of the photo array interview but was unable due to technical difficulties. 

Batchelor said that the photo array could be suggestive because only one photo was shown in the array rather than the standard, which contains six pictures. He also argued that there were too many individuals, involved in the case, who had preconceived notions about Finch being the shooter.

The prosecutor argued that even if the photo array is suggestive, it can still be considered reliable because the victim had seen the individual several times prior to the incident, making the victim’s testimony much more reliable rather than a regular eye-witness’s testimony. 

Taking into consideration the facts that were presented, Judge Taylor denied the defense’s motion to suppress the photo array and allowed the victim’s identification of Finch.

The co-defendants are scheduled for trial on Feb. 8, 2022.