Published: November 08, 2009 08:42 pm      

Judge denies suppression attempt

Suspect picked out of photo lineup failed to hire representation.

Armed robbery suspect Carl Stafford appeared in court last week, but he did so without an attorney, which cost him his attempt to suppress evidence key to the state’s case against him.

On Friday, the 46-year-old Chicago resident went before Judge Rick Maughmer hoping to get the positive identification by the liquor store cashier tossed. When the judge asked Stafford why he did not have legal representation Stafford said he did not have the money.

Judge Maughmer then denied the petition filed by Stafford’s then public defender, Jay Hirschauer, and scheduled the class B felony case for trial on Feb. 3.

In October, the judge rescinded the court-appointed attorney because Stafford had paid a bail bondsman $5,000 to get of jail. The judge reasoned that if Stafford could generate that much money, he could pay for his own defense rather than allow taxpayers to foot the bill.

Stafford is accused of robbing Wedge's Liquor Store at 1700 E. Broadway at gunpoint on Nov. 8, 2007. He and 25-year-old codefendant Terrence Miller were arrested together 12 days later in a car matching the one seen leaving the scene by an eyewitness. The cashier picked both suspects out of a photo lineup.

In 2008, a jury found Miller guilty. He was sentenced to 18 years in prison for the robbery, but last week the Indiana Court of Appeals overturned the conviction because the prosecution’s use of a You Tube video jeopardized Miller’s right to a fair trial.

The Cass County prosecutor’s office is appealing the decision and plans to retry Miller, if the appeals court’s decision is upheld.

During Friday’s hearing, Stafford asked the judge for more time to hire private counsel. A status hearing was scheduled for Jan. 19. Stafford can re-file the motion to suppress.

Kevin Lilly is news editor of the Pharos-Tribune. He can be reached at 574-732-5117 or kevin.lilly@pharostribune.com.