Trial is set for late May.
Some photo array evidence will be allowed in the trial of Melvin "Rock" Smith later this year, and some will not. That's the ruling of a judge in an evidence suppression hearing held Wednesday.
Melvin Smith, 28, is charged with 1st-degree murder for the shooting death of Tranice Richardson, 33, on July 8th, 2011. Her body was found near the Hillcrest Community Center in the Hillcrest neighborhood. He fled the area, but was arrested weeks later in McKeesport, Pa., which is in the Pittsburgh area. Court records show he fathered at least one of Richardson's four children.
The prosecution says it's seeking life without parole for Smith, if he's convicted.
Frederick County State's Attorney Charlie Smith (not related to the defendant) says the judge ruled that a photo array shown to an older man who witnessed the murder last year from his bedroom window will be admitted as evidence in the trial. But another photo array presented to a 16-year-old girl, who saw the incident from a distance, will not be allowed as evidence. "Unfortunately for us, the court ruled against us, said there may have been suggestiveness in the process," says Charlie Smith. "And given the witness' age, she did not allow that array into evidence."
But Charlie Smith says the prosecution still has a strong case against Melvin Smith. "Obviously, we have a lot of other evidence against Mr.{Melvin} Smith, other than these two photo arrays. But we are going to be limited to one of the photo arrays as a result of the judge's ruling," says Charlie Smith.
Trial is scheduled to take place between May 30th and June 8th.
