The People of the State of Illinois v. Matthew Smith

Chicago, Illinois criminal defense lawyer represented the Defendant charged with first-degree murder.



Defendant was arrested and charged with a murder that occurred in the parking

lot outside the Press Box bar in the early morning hours of August 11, 2012. Prior

to a jury trial, defendant filed a motion in limine to suppress the eyewitness

identifications from the two lineups in which defendant participated. The motion

does not distinguish between the two lineups but argues that the lineup procedure

was unduly suggestive. The trial court held a hearing on the motion. Harvey Police

Department Deputy Chief Jason Banks testified that he was a detective on August

11, 2012, and conducted two lineups on that date. Banks testified to the procedures

used for the lineups. He attempted to locate fillers who looked similar to defendant,

who was 16 years old, stood 5 feet, 7 inches, and weighed 145 pounds. Because

defendant was a juvenile, Banks looked for fillers who were as close as possible in

age but did not use other juveniles because he would have to obtain their parents'

permission. In the first lineup, the fillers were 5 to 13 years older than defendant

with weights ranging from 145 pounds to 200 pounds. Banks did not testify to the

fillers' heights. No one had a mohawk hairstyle; one filler wore his hair in braids,

and the other three individuals had low, natural hair. None of the fillers were

wearing sleeveless shirts. One had on a long-sleeved shirt, one wore two shirts

including an orange one, and another filler wore a black shirt, while the other wore

a white T-shirt. All the fillers were medium to medium-brown complected. In the

second lineup, the fillers ranged in age from 5 to 14 years older than defendant. The

first filler was 5feet, 6 inches, weighed 175 pounds, and wore a white shirt. The

second filler was 5 feet, 7 inches, weighed 149 pounds, and was dressed in a black

and blue plaid shirt. The third filler was 5 feet, 8 inches, weighed 150 pounds, and

wore a gray hoodie. The final filler was 5 feet, 10 inches, weighed 145 pounds, and

wore a white shirt. As in the first lineup, the fillers had medium to medium-brown

complexions,

The Defendant was found guilty.



Affirmed