Say What?! – Let’s Be Particularly Careful Out There

Originally published by State Bar of Texas .

From Ben Janacek, criminal investigator of the Fort Bend County Criminal District Attorney’s Office, comes this excerpt from “a probable cause hearing I worked on as a police department detective in Boulder, CO.” The crime: three men pulled ski masks over their faces, one pulled a gun, and they “stuck up” the first pedestrian they met; then, they escaped in their car and – while the victim was giving Ben Janacek “descriptions of the clothing, vehicle, and direction of travel” – the car was stopped in a neighboring city and the culprits were arrested. The testimony: the police officer who stopped the defendants is describing statements made by “Suspect Richardson.”

“Mr. Richardson told me we didn’t have any pictures, and we didn’t have any witnesses. I told Mr. Richardson that Detective Janacek indicated that he did have witnesses who could identify at least one and possibly all of the suspects. Mr. Richardon at that pointed indicated to me that he could not be identified, meaning Richardson could not be identified because he wore a mask. In fact, his exact words are, “the witness can’t identify me because I had a mask on.”

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