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Jury selection set to begin
Photo
Melvin Shaw converses with his attorney Thomas Zena during a suppression hearing before Judge James C. Evans of Mahoning County Common Pleas Court. Shaw is accused of killing a 17-year-old girl and wounding her 18-year-old friend in 2010. The trial is expected to get under way today with jury selection.
YOUNGSTOWN
Jury selection is expected to get under way today in the case against a 20-year-old city man accused of killing a 17-year-old girl and wounding her 18-year-old friend in 2010.
Melvin S. Shaw II, of Idlewood Avenue, is charged with the aggravated murder of Tracee Banks, 17, and attempted murder of Jamel Turner, 18, of Youngstown. The shooting occurred June 19, 2010, at a Manchester Avenue home on the city’s West Side.
Shaw also was indicted on two counts of felonious assault and one count of shooting into a home. Each count has weapons specifications. If convicted, he could face life in prison without parole.
Shaw has remained in the Mahoning County jail on a $1.25 million bond.
Atty. Thomas Zena, representing Shaw, on Monday asked Judge James C. Evans of Mahoning County Common Pleas Court to suppress a photo lineup in the case.
At question is a photo-identification of Shaw made by Turner in July 2010. Turner was shown a series of photos July 9, 2010, but failed to identify Shaw as the shooter. He again was shown the same series of photos, but in color, July 13 and told police Chief Rod Foley, who was a captain in the department at that time, that one of the photos could be Shaw, but Shaw no longer has long hair.
Foley and Detective Sgt. John Patton testified in court during the suppression hearing.
Zena argued that Turner, who could not talk at the time of the photo lineup as a result of the shooting, did not make a positive identification. He said Turner merely said Shaw could have been the shooter.
He emphasized that Turner was brought in to view the photos on two occasions and asked to review the photos twice during each of those visits to the department.
“You do not have a positive identification of Melvin Shaw being the perpetrator here,” he said.
Dawn Cantalamessa, an assistant county prosecutor, told the court Turner was shown the same set of pictures, but of better quality and in color the second time. She said more detail could be seen in the second set of pictures.
Judge Evans was to make a ruling today on whether the identification will be admissible during trial. Jury selection is expected to begin immediately after the judge’s ruling.
The case against Shaw was brought more into the public spotlight July 14 when Shaw was arraigned in Youngstown Municipal Court. After the arraignment, family and friends of the victim and suspect fought just outside the courtroom.
The brawl was captured on video, and it took several Youngstown police officers and court security to regain order.
Michael Peace, 38, Wade Shaw, 35, Ovidio Santiago, 40, and Clyde Hudson, 24, were arrested for their roles in the brawl.
Peace originally was charged with disorderly conduct and failure to disperse, and pleaded guilty to those charges in a plea agreement with city prosecutors. He was sentenced to probation.
Santiago was charged with disorderly conduct and also entered into a plea agreement with prosecutors and was sentenced to probation.
Wade Shaw originally was charged with disorderly conduct, resisting arrest and failure to disperse. Those charges later were reduced to two counts of disorderly conduct in a plea agreement with prosecutors. He was sentenced to probation.
Hudson was charged with disorderly conduct and failure to disperse. He later entered into a plea agreement with prosecutors on that charge. He was sentenced to 30 days in jail and probation.