Wise-Compare.com: Empowering Wise Decisions.

The girlfriend of murdered social justice activist Ryan Thoresen Carson didn’t pick the stabbing suspect out of a photo lineup with legal expert saying it could have ‘potentially devastating’ results for the prosecution.

Carson’s girlfriend, Claudia Morales, was unable to identify Brian Dowling, the 18-year-old teen, who stabbed her boyfriend to death outside the B46 train during the early hours of Monday morning, which legal experts claim could possibly impede the case, The Messenger reported.

Brooklyn Prosecutor Jordan Rossman said during Dowling’s arraignment Thursday evening at Brooklyn Criminal Court that Carson’s girlfriend, an eyewitness to the slaying, ‘mis-picked’ his alleged killer when she was shown a group of photographs, the New York Daily News reported.

Some of the photos were retrieved from surveillance footage that captured the deadly stabbing. 

Rossman said, ‘she picked a different person than the defendant out of the photo array.’

Suspect Brian Dowling, 18, is seen holding a knife in his right hand as victim, Ryan Carson tries to defend himself as his horrified girlfriend, Claudia Morales was standing nearby

Pictured: The couple had attended a wedding hours before the deadly stabbing

Brian Dowling, 18, is perp walked out of the 81st Precinct on Thursday afternoon looking tearful

Rossman said two other witnesses picked out Dowling from the photo lineup and investigators seized a knife and clothing that matched what the assailant was wearing from Dowling’s home, The New York Post reported.

On Thursday night, Dowling appeared in court after being charged with first-degree murder shortly after he was tearfully perp walked out of an NYPD precinct following his murder charge.

Several hours after his arrest, cops also seized a knife believed to have been used in the attack. 

Dowling, still wearing the same white t-shirt that he was arrested in, looked somber and tilted his head into the air as the prosecution spoke at the hearing on Thursday.

At one moment he glanced at his parents in the courtroom, who were tearful at the sight of their son in custody before he was ordered by Judge Joshua Glick to be held without bail. His next court date is scheduled for October 11.

Former Manhattan prosecutor Mark Bederow, who is not involved in the case, said the girlfriend’s inability to identify Dowling was ‘potentially devastating and crippling’ to the prosecution’s case but added that it ‘doesn’t by any means mean that it’s over,’ The Messenger reported.

He added: ‘It’s really too early to tell,’ said Bederow, who now is a defense lawyer.

Bederow said there does seem to be other evidence in the case that could mitigate any possible damage from the photo array mis-identification.

‘If they found a weapon at this guy’s apartment and it has the DNA of the victim, that’s compelling in the other direction,’ he said.

Bederow also told the news outlet this means finding as many surveillance cameras as possible to track Dowling’s movements scene and potentially using cellphone data to put him at the crime scene.

Julie Rendelman, a former Brooklyn prosecutor and now a defense attorney, said the failed photo array was ‘something the defense can use to raise potential reasonable doubt’ but noted that ‘the stabbing is caught on video and the defendant’s face is fairly clear,’ as per the news outlet.

‘It will likely be argued by the prosecution that the witness’ trauma in watching her boyfriend be stabbed before her eyes impacted her ability to identify the defendant,’ she said.

Dowling’s defense lawyer, Kenneth Jamal Montgomery, said he agreed that the girlfriend’s inability to identify his client could weaken the case against the teen — and potentially proving valuable at trial, The Messenger reported.

Montgomery added: ‘However, I am waiting to review the discovery and all of its context.’

Dowling allegedly stabbed Carson in the heart at 3:50am on Monday in a savage, unprovoked attack that erupted while the he and his girlfriend were waiting for a bus after attending a wedding.

His first-degree murder charge could see him punished by up to life imprisonment without the possibility of parole, if he is found guilty.

The prosecutor argued during the Thursday night arraignment that Dowling stabbed Carson ‘without provocation’, and claimed that two witnesses identified Dowling as Carson’s killer from a photo line-up.

The teen’s defense attorney Kenneth Montgomery told the court that it was the first time his client had been arrested.

‘This is a difficult case for several reasons beyond the tragedy of the loss of life,’ Montgomery told Judge Joshua Glick. ‘You have an 18-year-old man — young man who has no criminal history.’

He asked the court to impose a ‘serious bail’ because there was no risk of the teen fleeing, saying: ‘His parents are here and I assure you that there’s no risk of flight, he was arrested at his home.’

The attorney’s pleas for leniency failed to convince the court, however, as Judge Glick remanded Dowling ‘given the nature of the charges and the narrative given by the people.’

Ryan Thoresen Carson, 32, was an advocate of social justice and left-wing causes

When police issued a search warrant on his home, a sweatshirt was also seized along with the suspected murder weapon that matched the kind worn by the suspect in the video of Carson’s killing.

Dowling’s home is a five-minute walk from where Carson, 32, was stabbed to death.

He was previously described as ’emotionally and mentally disturbed’, but neighbors have reacted with surprise at the grisly charges, telling DailyMail.com he is the ‘sweetest boy’ who is never normally in trouble.

‘He’s a nice guy. His family are good people …very respectful,’ added a family friend outside the home.

The teen is understood to work at a school in Clinton Hill, and his alleged unhinged behavior also led his own aunt reported him to police two months ago after he broke his girlfriend’s belongings in a fight.

His alleged victim was an advocate of social justice and left-wing causes, including spearheading a drive to implement drug injection sites across the city and was a passionate environmentalist.

Carson’s girlfriend, according to now locked-down social media profiles, was an avid BLM activist who, among other remarks, used the cop-hating acronym ACAB in some posts.

Friends set up a GoFundMe account a day after the killing to help Carson’s girlfriend. They have so far raised $60,000.

It remains unclear what prompted Dowling to attack. A suspect believed to be the 18-year-old was seen in the video at first walking past Carson and Morales, before turning back.

Dressed in a suit, Carson was returning home from a wedding – and his girlfriend Claudia posted an image of them smiling together at the nuptials hours before the tragedy.

Carson was filmed pushing the attacker in the chest several times before the first strike of the knife.

At one point, the suspect asks ‘What the f*** are you looking at?’ before violently stabbing Carson in the chest. At the end of the video, his girlfriend could heard chillingly yelling ‘Brian!’ as the attacker fled the scene.

On Wednesday, the activist’s friends raised eyebrows after claiming that he would have felt sorry for the teenager who allegedly stabbed him to death, and would want his killing to be used to further left-wing policies.

‘I know he would have wanted people to use his death as a means to talk about structural wrongs in the city,’ New York State Assembly member Emily Gallagher told The Gothamist.

‘I’m absolutely positive that he would immediately see that this was a person who was suffering from a lack of resources in our community, who probably needs better mental health support, possibly housing, possibly drug support, drug treatment.

‘What he would want to avenge his death is for us to fix how broken this city is.’

Ricardo, a neighbor, whose lived on the block for 15 years, said he felt bad for the victim.

‘He walked from Brooklyn to Buffalo for activism and to be treated like that doesn’t make sense,’ he said. ‘You should be out anytime. They were coming from a wedding – you shouldn’t harass anybody.’

‘I watched the video. The man fell you should have left him alone – right then and there.’

Ricardo, who has friends on the block, said Dowling’s family stayed to themselves and called them hard working people.

‘It’s sad,’ he said shaking his head. ‘It’s a tragedy that just doesn’t make any sense.’

Content source – www.soundhealthandlastingwealth.com

Leave a Reply

Your email address will not be published. Required fields are marked *