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Wrongful arrest, no indictment for Bank Robbery charge

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SP103

Member
What is the name of your state MASS:

A friend of mine was arrested and indicted for Grand Theft with a weapon of a bank. Please note I will be completely accurate, as far as I know however since I am not directly involved, I would like to express that, again, the following information is accurate to MY knowledge. I inquire your opinions of what transpired, what the failures were, and your general opinion.

I will not post links to media reports out of respect of the fact this was not my situation. I repeat again, I will be as accurate in the facts as I know them. There will no personal opinion from me unless stated.

My friend was arrested for robbing a bank appx 42 minutes after the theft occurred. The PD traced the license plate which was taken from witness from the front end of the vehicle. The license plate matched the vehicle description. The PD located the vehicle and located him. When arrested by gunpoint, my friend's girlfriend whom was currently disabled, was forced to walk down three flights of stairs without crutches. The robber used a gun, and placed a mask over their face. The robber wore a popular sports hat.

The PD then took my friend to the bank, where, according to PD reports, 1 out of the 7 witnesses stated "that looks like him". The other six stated that was not the suspect. The witnesses stated the subject was at least 2 inches shorter than my friend, and also had visible piercings in the ears. My friend has never had piercings. Also, the PD did not take fingerprints from the door, counter of the bank which footage shows the robber touched.

When my friend was detained after arrest, he requested a lawyer after 20 minutes of questioning. The PD acknowledged the request, however, continued to question him until his lawyer arrived. The PD did not attempt to use any statements in the official report. During this time, the PD refused my friend access to his medicine for nearly six hours until a screening doctor at the intake prison determined he was at risk of immediate illness due to his lack of medicine.

After my friend's lawyer arrived, my friend offered DNA, Fingerprint and any other info to clear himself. During this time, the vehicle matched to the robbery, which was registered to him and his signficant *boyfriend/Girlfriend* was towed to an evidence lot. It was discovered that when the car was towed, the front plate of the license plate was not on the vehicle. Subsequent search warrants of my friends residence, parents residence and two friends houses did not turn up any evidence (money, gun used, mask, hat). According to the PD report, the FBI refused to assist due to lack of evidence, along with the State Police.

My friend was then arraigned for a large bail which luckily he was able to meet. Two months later the DA sent the indictment to a grand jury which resulted in a "No Bill". During the time the indictment was being handled, the DA told my friend's lawyer he/she was not comfortable in doing the indictment, but had no choice in the matter.

What are your thoughts?
 


outonbail

Senior Member
From what you've posted, it sounds like your friend wasn't the person who robbed the bank. The fact that six out of seven tellers stated it wasn't him is pretty convincing to me.

However, I don't know what your friends past holds either. If he has been in a lot of trouble in the past, then I wouldn't be so fast to believe he is innocent. I also don't know what his financial situation is or was during this time. For example, if he had recently lost his job and was facing foreclosure etc. this would indicate a possible motivation for committing such a crime.

Furthermore, the police obviously had every right to suspect that he was the one who pulled this heist due to the eye witness providing the license plate number, which then matched the description of the get away vehicle.

One person claiming that he was the guy would give the police some degree of justification for holding him until everything was sorted out as well. Had all seven tellers/witnesses said that he was not the person who committed the crime, then he may not have been taken into custody. But there are certainly many other details the police would have access to, than those you are posting here.

Do you know if he was picked out of a line up by this one person, or was he just brought before everyone by himself and the witnesses were then asked if he was the suspect?


Now, if you're asking what he can expect if he were to file a false arrest & detention suit against the police for arresting the wrong guy, I would say, going by the facts you've provided, he doesn't stand much of a chance of prevailing and winning a big pot of money.

But this opinion could also change depending on the facts we are not aware of.
 

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