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By
Andrew Michaels
, Alyssia Davis [former] - March 15, 2023
Court
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Daily Stories
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Homicides
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Shooting
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Suspects
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Victims
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“This is a case of misidentification.”
At the close of Keonteze Montgomery’s trial on March 13, his defense attorney, Martin Cohen, reminded the jury of the prosecutor’s limited evidence, specifically, her only witness who testified that she was under the influence of heroin at the time of the shooting on July 18, 2021.
Montgomery, 23, was found not guilty of first and second-degree murder and firearm possession with a felony conviction on March 14 in connection to the fatal shooting of 46-year-old Donta Sampson.
Baltimore City Circuit Court Judge Yolanda Tanner presided over the trial.
During closing arguments, the defense attorney explained that the prosecution’s witness, a woman who lived in the area, testified that she was on drugs when she was interviewed by Baltimore Police and, possibly, when the shooting occurred on the 800 block of West Lexington Street. She also said that she was not wearing her glasses and only saw a side view of the shooter.
“She might see my client in that courtyard on a normal basis with other people and maybe she makes an assumption that [the person] she saw with a gun in his hand was my client, but she’s wrong,” Cohen said. “How do we know she’s wrong? Because the video proves it.”
The witness’ description of the shooter’s clothes did not match what Montgomery was wearing, he continued. Additionally, there was no video evidence showing the shooting, Montgomery with a gun, or the defendant entering the courtyard.
“This is a horrible case with a horrible witness,” Cohen concluded. “…There is no motive or physical evidence that identifies my client as the shooter. Don’t victimize him.”
Earlier in the proceedings, the prosecution told jurors that many people were at the scene when the shooting occurred, but only the female witness stayed to talk to police. The witness told police that she heard the defendant and victim arguing over the former’s girlfriend that day.