A lineup motion can be an important tool in criminal defense cases, especially where there is a chance that the defendant has been improperly identified by a witness. One of our recent Philadelphia cases illustrates this issue:
Our client, a young person with no prior arrests, was accused of a serious crime – carjacking at gunpoint, legally classified as first-degree robbery. The stakes were incredibly high, with the prosecution pushing to try our client as an adult. We knew we had to act decisively.
From the start, we filed a motion for a lineup – a critical step in the criminal defense process. The alleged incident occurred under less-than-ideal circumstances for accurate identification:
- 3:00 AM in darkness
- Witness had been drinking earlier
- Gun visible for only a few seconds
Initially, the District Attorney was extremely confident, telling us we had “no shot” at winning the lineup motion. They thought their case was airtight. But at Kenny, Burns & McGill, we don’t back down from a challenge.
During the hearing, a crucial piece of information came to light. The DA revealed that the alleged offenders were wearing masks – a fact that hadn’t been disclosed to us before. This new information made our motion for a lineup even more critical.
We argued passionately before the judge:
“Your Honor, consider the circumstances. It’s 3 AM, pitch dark. The witness had been drinking. He sees a gun for just seconds, and now we learn the suspects were masked. What’s the witness focusing on? The gun, or the masked faces behind it?”
This revelation strengthened our case significantly. Eyewitness identification is already notoriously unreliable, and masks add another layer of uncertainty. We emphasized to the judge that a lineup was now more crucial than ever to ensure the right person was identified.
Our persistence and quick thinking paid off. Despite the DA’s initial confidence, the judge agreed with our arguments and granted the lineup motion. This gives us a vital opportunity to challenge the identification before it becomes set in stone in court.
This case demonstrates why it’s so important to fight for every possible advantage, even when the opposition seems certain of victory. At Kenny, Burns & McGill, we’re always prepared to adapt our strategy as new information comes to light. We know the law, we know the tactics, and we fight relentlessly for the best possible outcome for our clients.
In criminal defense, assumptions can be dangerous. Always be ready to adapt your strategy, and never back down from a fight when your client’s rights are on the line. That’s the Kenny, Burns & McGill way.
