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Posted on Tue, Sep 25, 2012 : 4:52 p.m.

Judge denies defense's request for line-up in armed robbery case

By John Counts

nailormitchell.jpg

Eddie Nailor and Deandre Mitchell

Courtesy of the Washtenaw County Sheriff's Office

The two men charged in an Ypsilanti Township armed robbery had their preliminary examinations adjourned Tuesday in the 14A-1 District Court.

Eddie Nailor, 21, of Ypsilanti, and Deandre Mitchell, 20, of Belleville, both appeared before Judge Charles Pope, who granted motions made by the defendants’ attorneys who said they needed more time to prepare.

The two examinations were adjourned until Oct. 2.

Pope also denied a motion made by Mitchell’s attorney, Assistant Washtenaw County Public Defender Christopher Renna, having to do with how Mitchell was identified by the victim.

Renna argued Mitchell was the only suspect presented to the victim for identification and tried to get the judge to order a line-up “so it’s fair and objective.”

“It’s very suggestive,” Renna said of ‘show-up’ identifications, which is when police take the victim to the scene of an arrest to determine whether it’s the suspect or not. “Show-ups are dramatically less reliable.”

Assistant Washtenaw County Prosecutor Sam Holtz said this way of identifying suspects is used all the time and that the victim of the armed robbery remembered the face of the suspect.

“I (was) looking right down the barrel of the gun and … looking at his face,” Holtz told the court the victim said.

Pope denied Renna’s request for a line-up.

“You’ll have plenty of time to cross-examine the alleged victim in this case,” Pope told him.

Pope also denied Nailor’s request to reduce the $50,000 cash bond on which he’s being held. His attorney, David I. Goldstein, made the case that Nailor has been a lifelong resident of the area, has strong family support and is expecting to become the father of twins any day now. Nailor also doesn’t have any prior felonies, Goldstein argued.

Holtz argued bond be continued due to the severity of the incident, an armed robbery involving a set-up.

“I don’t know what could be more dangerous than that,” he said.

Pope denied the motion. Both Nailor and Mitchell continue to be held at the county jail on $50,000 cash bond.

Police said the male victim went into the Lakeshore Apartments building at 3:25 a.m. Sept. 14 to meet someone and then hang out with a friend. After meeting a woman, the man went inside the apartments to see his friend.

Shortly after going inside, the man got a call from the woman telling him she forgot to give him something and he needed to come back outside. The man walked out of the apartments and was allegedly confronted by Nailor and Mitchell, one of whom had a gun and demanded money, according to police. The victim emptied his pockets and the men fled the area.

Police made contact with the woman and found Nailor and Mitchell in her apartment, where they were identified as the suspects. Police found money, cellphones and a handgun at the apartment.

The woman is not facing criminal charges at this point, but the investigation into the incident continues and she could in the future, police said

John Counts covers cops and courts for AnnArbor.com. He can be reached at johncounts@annarbor.com or you can follow him on Twitter.

Comments

antikvetch

Wed, Sep 26, 2012 : 12:24 p.m.

"[Nailor] is expecting to become the father of twins any day now. " Sigh....

PineyWoodsGuy

Wed, Sep 26, 2012 : 12:51 a.m.

"Hang an armed robber when he's young, and he'll no stick a blunderbuss in an honest citizen's face when he's auld." — Robert MacQueen, Lord Braxfield, Lord Justice of Scotland, 1776-1799

stevek

Tue, Sep 25, 2012 : 11:26 p.m.

Looks like we will be supporting these 2 fine individuals for the rest of their lives.

brian

Wed, Sep 26, 2012 : 4:11 a.m.

Yeah, but just imagine the great love relationships they are going to have. Worth my tax dolars.

catfishrisin

Tue, Sep 25, 2012 : 9:44 p.m.

Nice job by Judge Pope throwing out this frivolous defense motions.