Reference no: EM133638541
Question: Provide a shorthand and comprehensive phrasing with the three rules: State Ordinance 21 S.O. § 4578, Jones v. State, 192 State Rptr. 534 (1993), and Com. v Hanson, 241 St. Misc. 503 (1995) of the legal issues of the following:
Jack Davidson was robbed by a woman he identified as "Sally Robbins or Robinson" on June 1, 2020. For several days he remained at home, afraid to leave the house, before finally contacting his mental health worker and explaining what happened. The police were notified, and on June 5, 2020 Detective Rachel Stone interviewed and took Mr. Davidson's statement.
Mr. Davidson claimed that he recognized the woman who robbed him because they attended the same mental health facility, Saints Medical Center, and that he knew her name because "...they would call it out. It's "Sally Robbins or Robinson." Along with that name, he also provided Detective Stone the alleged robber's height, weight, age, treating doctor, and eye color.
Later that month, Mr. Davidson was admitted to a psychiatric unit where he was diagnosed with schizophrenia and treated until his release on July 16, 2020. While hospitalized, he met his current girlfriend, Kim Wilson, a fellow patient with a history of drug and alcohol abuse. On August 17, 2020, Mr. Davidson, and Kim Wilson got into a fist fight with "Sally Robbins or Robinson" at a local bar. The police were called but were unable to apprehend Robbins/Robinson; however, Mr. Davidson claimed to have secured the plate number from Robbins/Robinson's vehicle, which Det. Stone then ran with negative results.
On September 15, 2020, Mr. Davidson and his girlfriend made it to the Detective Unit to view photos to look for the assailant. Detective Stone showed them a computer photo array of all Robbins and Robinsons in the police database, eight pictures total. Mr. Davidson pointed to a picture and said, "that's her." Detective Stone printed the photos without asking, "Are you positive?" Ms. Wilson then viewed the same photos and said, "That resembles her smug smile." Both Davidson and Wilson signed the photo without being told that the woman in the photo would be arrested.
On September 18, 2020, the positive photo ID by the victim and his girlfriend was the basis for Detective Stone's probable cause to have an arrest warrant lodged against Mary Robbins, the individual in the photo. The Affidavit of Probable Cause contains a "positive" identification by Davidson but not a "positive" identification by Kim Wilson.
Mary Robbins was arrested and charged with robbery on September 30, 2020. That afternoon, members of City Police Department converged on her in public, exhibited guns, forced her to the ground, handcuffed her behind her back, and advised her that she was under arrest. Robbins was embarrassed because she was arrested in front of several neighbors and was transported to the City Police Department where she was processed.
After arraignment, Ms. Robbins was imprisoned for 30 days in the City's holding facility awaiting trial as no one in her wealthy family would bail her out. During this time, she was incarcerated in a section designated for the most violent offenders where she was continually terrorized, ridiculed, and tormented by other inmates.
Suspecting a potential problem with Mr. Davidson's testimony, Assistant District Attorney Canton wanted a line-up conducted because during a subsequent phone interview, Mr. Davidson denied making a "positive identification" and told Detective Stone, "That looks like her." When the line-up was held two days later, Mr. Davidson failed to identify Ms. Robbins as his assailant and screamed, "She is still out there walking the streets!"
Consequently, the City District Attorney's Office withdrew the charges against Mary Robbins.