Acquitted: Murder Trial ‘Comes Down to the Eyewitness,’ Defense Attorney Says

By Carly Schiller [former] - August 6, 2021
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

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

Closing arguments were given on Aug. 6 for a homicide trial at the Baltimore City Circuit Court.

Judge Erik S. Atas presided over the trial. 

Baltimore resident Elontae Walker is charged with first-degree murder and firearm use in a violent crime. Walker, 27, is accused of killing 27-year-old Donald Jackson on the 2700 block of Cold Spring Lane on Aug. 26, 2019. 

On Friday, Walker’s defense attorney, Amy Stone, said an unknown federal officer called the primary detective on Jackson’s case in October 2020, telling him that an inmate in federal prison confessed to the murder. However, the detective failed to follow up on this lead, Stone said.

The prosecution’s only evidence tying the defendant to the murder is a witness’ identification of Walker in a photo array. But, on Thursday, the witness testified that detectives encouraged him to falsely identify Walker in the photo array. According to the witness, the shooter had lighter skin and was younger and shorter than Walker. 

Stone argued on Friday that the primary detective should not have been allowed in the room during the photo array. She said that the primary detective’s presence in the room violated the “double-blind” procedure that would ensure the person showing the photo array did not know the details of the case.

The detective testified that he used the “shuffle” method to administer the photo array. Stone responded that the “shuffle” method is only used when no other officer is available to administer the photo array, which she doubted was the case.

Stone also criticized the detective for interviewing the witness too briefly and too far after the alleged murder for the testimony to be reliable. A video played during the trial, showing the detective interviewing the witness for about three minutes, three weeks after the incident occurred.

The detective also did not ask for a description of the suspect. 

“If there is no description,” Stone asked the court, “then how can Walker fit it?” 

Stone also mentioned that the detective filed a request for the surveillance footage of the alleyway from that evening. However, after filing the request too late, the detective received the wrong footage, and then the correct footage was lost. Stone called this a major mistake on the detective’s part.

Nevertheless, the prosecution tried to establish the witness’ reliability, noting that he voluntarily went to the Baltimore Police Department and that the detective “did not bribe someone off the street nor manufacture a witness.”

During her closing arguments, Stone said that while the witness identified Walker as the shooter, “people can be wrong.” The case, she said, “all comes down to the eyewitness.”

The jury began deliberations on Aug. 6.