DC Superior Court Judge Danya Dayson allowed prosecutors to enter an eyewitness identification from a photo array as evidence in a shooting trial despite defense objections on Sept. 29.
Ato Ocran, 46, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, five counts of possession of an unregistered firearm, destruction of property of $1,000 or more, and carrying a pistol without a license outside a home or business. The charges stem from his alleged involvement in a shooting on the 2200 block of 13th Street, NE on June 3. One person was shot in their arm during the incident.
The motions hearing centered on efforts by defense attorneys Kevaan Gardner and Elizabeth Paige White to suppress a photo-array the prosecution planned to introduce during the trial to identify Ocran.
Judge Dayson allowed the parties to give oral arguments and call witnesses to the stand to substantiate their positions concerning evidence from a double-blind photo array, a common identification method used by police.
A Metropolitan Police Department (MPD) detective, who administered the photo array, testified to having no knowledge of the suspect before the eyewitness’s identification. He said that the eyewitness told him she had 100 percent confidence in her identification.
White focused her cross examination of the detective on the fact that Ocran was the only person wearing a hoodie in the photo array. She argued that the discrepancy both highlighted the defendant and matched a suspect description put out by police that the eyewitness could have known about before identifying him.
White also pointed out that the eyewitness was not present at the shooting but rather based her identification on an earlier incident in which Ocran is alleged to have had an altercation with the victim.
Prosecutors objected to the idea that the witness would have known the suspect wore a hoodie during the shooting and said that identifying Ocran from an earlier alleged altercation was relevant.
Judge Dayson requested the parties both play video footage to show whether the suspect was wearing a hoodie when the eyewitness saw him. Video footage of the earlier incident showed the suspect in a tank top, not a hoodie.
Prosecutors then called the eyewitness who testified that she did not know what the suspect wore when the shooting happened.
The witness repeatedly said she was confused, did not remember much from the day of the shooting, and, at one point, said someone had told her what the shooter looked like.
“I don’t remember who really told me how he looked,” the witness said. The witness later said she didn’t hear any description of the shooter.
After hearing the arguments, Judge Dayson told the court that the jury could determine the reliability of the witness’ identification of the suspect for themselves and allowed prosecutors to submit the evidence.
Prosecutors also raised an issue with the defense changing their position on acknowledging the accuracy of several items of evidence, which prosecutors said the defense had previously agreed to do. Prosecutors said that accounting for the changes would delay the trial past their expected timeframe, potentially forcing one of the prosecutors to leave the case early.
“We have a huge number of cases to get through in the division,” Dayson said, rejecting any request for an extension.
At the end of the hearing, Gardner asked Judge Dayson to order that parties only refer to his client as Mr. Ocran, not the defendant. Judge Dayson said she would consider the request.
Parties are slated to reconvene on Sept. 30.
