A Buffalo man suspected of tricking a woman out of $2,000 at Tonawanda Valley Federal Credit Union heard Judge Robert Noonan dismiss two of his attorney's key motions this afternoon.
The witness identification and his reportedly self-incriminating remarks following his arrest can be used at the possible trial of 69-year-old Yusuf A. Hassem, a.k.a. Louis L. Reed, Judge Noonan ruled.
Defense Attorney Fred Rarik tried to argue that the photo array used by the victim to identify Hassem was flawed because Hassem was described as a well-dressed man at the time of his alleged crime, and in the array Hassem is the only possible suspect not well dressed. That made Hassem stand out more, Rarik argued.
Rarik said the photo array was "the most suggestive I've ever seen," and he accused police of leading the witness to understand the suspect was bald, wearing glasses and jewelry was like building "a Mr. Potato Head."
Rarik also asserted that police investigators did not properly read Hassem his rights.
Judge Noonan said the fact is that none of the six mug shots used in the array matched each other, so the witness was not necessarily guided toward a particular answer. The photo array itself wouldn't be admissible anyway, Noonan said, but the witness identification would be admissible.
Further, none of Hassem's potentially incriminating statements were made before Hassem was read his rights and told he was under arrest.
Hassem has been offered a plea deal, according to District Attorney Lawrence Friedman, that would have him serving only one-and-a-half to three years. If he doesn't accept the plea before Dec. 1, Hassem will go on trial Feb. 1.
Hassem first made the pages of The Batavian after police released a surveillance camera photo of him from Tonawanda and I noted that he was the same man I saw earlier that day in the parking lot behind Alberty Drug's.
