An attorney for a man charged with robbing a Kansas University student in a campus parking garage asked a judge Wednesday to suppress the victim's court identification of his client.
Attorney Jeff George argued that the victim officially identified Jesse A. Plaster, 23, as the suspect for the first time during a preliminary hearing last month in Douglas County District Court. He noted that Plaster was sitting in the courtroom at the time in shackles and dressed in a jail jumpsuit.
Assistant Dist. Atty. Dan Dunbar argued that legal factors to be considered in deciding whether the identification testimony should be allowed were met. Among those factors are the victim's level of certainty and length of time since the "confrontation."
Judge Michael Malone took George's motion to suppress under review, saying he needed to study the preliminary hearing transcript. He said he would make a decision closer to the Dec. 20 trial date.
After that hearing, Malone ruled there was enough evidence to allow Plaster to be tried on charges of aggravated robbery and fleeing and eluding police.
On Sept. 27, a KU freshman told police she was robbed at gunpoint by a man in the Gertrude Sellards Pearson/Corbin parking garage near 11th and Indiana streets. Police later arrested a suspect after chasing a speeding car from Sixth and Iowa streets to 12th and Indiana streets.
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