Defense questions photo lineup in case of fatal beating with bricks

Kim Smith

Monday, April 22, 2002 | 9:34 a.m.

Attorneys for a man arrested in a fatal beating believe the photo lineup used to help identify suspects in the case was suggestive and should be thrown out as evidence.

Deputy Special Public Defenders Alzora Jackson and Gloria Navarro were scheduled to appear before District Judge Sally Loehrer this morning in the Usman Sadiq case to ask that the evidence be suppressed.

Chief Deputy District Attorney Robert Daskas is expected to argue jurors should hear about the positive identification of Sadiq by witnesses. He also claims Sadiq confessed to the crime.

Sadiq, 19, is accused of beating Kristopher Gregory, 21, to death with cinder blocks on Jan. 7 and seriously injuring Gregory's best friend, Jesse Covington.

At least two witnesses picked Sadiq out as the men's attacker after viewing photos of six men, police said.

According to court documents filed by Sadiq's attorneys, Sadiq was the only one in the lineup wearing a red and blue jacket like the one witnesses said the attacker was wearing.

The other men pictured in the lineup were either sleeveless or shirtless.

In addition, Sadiq was one of only two men who wore pants as opposed to shorts or underwear in the lineup.

Sadiq was arrested and booked into jail while wearing a royal blue warm-up suit, but his booking photo was not the one used in the lineup, Jackson and Navarro point out.

"Instead, Sadiq's appearance was changed for his photo shoot, and he was told to wear his red and blue jacket, which better matched the description given by the witness," their motion reads.

Daskas wrote Sadiq was not asked to change his appearance.

Detectives used photos in their lineup that were taken the day of the event, while Sadiq was still wearing the same clothes. He wasn't arrested in the warm-up suit until two days later, Daskas said.

Moreover, Daskas wrote, "the eyewitnesses did not select defendant from the photographic lineup based solely on his clothing, rather, defendant was the same height, weight and age of the person eyewitnesses described inflicting the brick beating.

"Finally, and perhaps most importantly, this court can be assured there is no likelihood of misidentification because defendant admitted to striking both victims with cinder blocks."

Sadiq's trial is scheduled for Aug. 19.

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