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charmgirlonAnn27 t1_ixot4sn wrote

Apparently they do. From Arch Mckown on FB (see link below):

"the victim was presented a photo array - that’s where a cop who isn’t on the case presents the victim/eye witness with six head shot photos (one is of the suspect). The victim was (understandably) unable to ID the guy from the photo array. The ASA said basically “since she couldn’t ID the suspect it’s a weak case. Cut him loose.” Mind you, the incident was caught on clear video. The victim described the suspect and his clothing head to toe. The suspect ADMITTED to the crime to detectives. BPD pulled fingerprints at the scene. So why would this not suffice to hold him … at very least until the other victim could come in to do a photo array also???"

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Hisyphus t1_ixp06tm wrote

Did they decline to arrest him or did he get out on bail? Some of the wording in this quote is confusing. You can’t just “hold” someone for extended periods of time without charging them.

Not being able to read the rest of the story some of this does sound like a prosecutor who’s not interested in fighting for a victim. The fact that he admitted, unless the police fucked up in a profound way that would get the admission excluded, should have made it much easier.

But I also want to point out that juries rely extremely heavily on witness identification. This is not a good thing as witness identifications are generally awful. However, the victim not being able to identify the man can be hugely problematic, especially with a juries over reliance on witness ID’s. She may have described his clothing head to toe, but if it’s generic clothing a defense attorney can have a field day.

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Aphile t1_ixquqt3 wrote

Zebra stripe hoodie is not generic clothing

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Hisyphus t1_ixqwi7m wrote

Didn’t say that it was. I did not have access to that detail. I was simply providing some information about why describing his clothing might not have been enough. All of which you’d know if you paid attention to the meaning of my comment.

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