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Judge refuses to suppress evidence in 2007 homicide in Youngstown
The man will be in court for trial Tuesday.
YOUNGSTOWN — Attorneys for Aaron Sherrod, indicted on murder charges, wanted a piece of evidence suppressed before his trial, but that request has been denied, and a trial date has been set.
Sherrod, 21, of Stockbridge, Ga., is accused of the November 2007 murder of James Dow.
Dow, 28, of South Lakeview Avenue, was found dead in the basement of 145 Thornton Ave., his feet bound with tape. Police also found a revolver and shotgun at the North Side crime scene.
According to court records, another man was shot at the same time Dow was killed, but the second man survived the attack.
Shortly after the shootings, a Youngstown police detective prepared a photo array containing one picture of Sherrod and five pictures of other black men with similar height, weight and build.
The surviving man was shown the photo array and immediately identified Sherrod.
Detectives involved in the case told the court that no suggestions were made to the survivor and that the man was not even told Sherrod was in the photo array. The man was simply told to circle the photograph he selected and place his initials by that photograph.
Attorneys representing Sherrod pointed out that the date on the photo was incorrectly labeled 2007 instead of the actual 2008 date on which the survivor was shown the photo lineup.
Defense attorneys told the court the incorrect date on the photo is only one of many that may have occurred in the police investigation, therefore, the photo lineup should not be permitted as evidence in court.
Judge Maureen A. Sweeney of Mahoning County Common Pleas Court in a judgment entry issued earlier this week, said the photo array cannot be suppressed because it is not unduly suggestive in its composition or in its presentation to the surviving witness.
Judge Sweeney said the error in the date is mere human error and does not affect the validity of the identification of Sherrod by the witness.
Sherrod is set to appear before Judge Sweeney for a jury trial Tuesday.
jgoodwin@vindy.com