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According to Bogdanos, if the cops had not staged the ID paraderelying instead on witnesses to identify Barrow in courtthey still would have come under attack for this strategy. "[I]f the witnesses had left and, true to their word, never returned, then the only time those witnesses would have been asked to identify the shooter [would be] in court with . . . Barrowwhose face by then would have been seen by the witnesses countless times in the mediasitting at the defense table," he says. "Can [you] imagine the (not unreasonable) outrage registered by the defense in that scenario?"
Another factor cops considered was the fear that witnesses might forget crucial details about the shooting. "The officers here wanted the witnesses to view the lineup while the events were still fresh in their memory," Bogdanos says. "This would ensure the most accurate identification, a clear advantage for the officers as well as for an innocent defendant. By conducting the lineup quickly, the officers ensured that the defendant would not be falsely incarcerated for any period of time. Also, this was a violent act. Three people had already been seriously hurt. Finding the shooter before more damage could be done was imperative. Waiting for the defendant's attorney, whom the officers did not even know was coming, could have endangered other innocent citizens. By conducting the lineup as quickly as possible, the officers ensured that they had the correct shooter and that the danger was over."
Barrow allegedly never asked for an attorney, and Bogdanos suggests that if anyone is to be blamed for the legal predicament Barrow found himself in at the station house, it is Niles. The attorney subsequently charged in a hearing that cops failed to notify him of their plan to put Barrow in a lineup. Niles was not in New York City at the time. But Niles or an associate should have been there, Bogdanos implies. Neither Combs, Jones, nor Lopez was placed in lineups, reportedly because of the prompt responses by their legal team: Edward Hayes, Harvey Slovis, and Lawrence Ruggiero.
"The officers waited more than three hours before conducting the lineupample time for Mr. Niles to have spoken with a detective or to have arranged for his partner, who was in New York, to go to the police station," Bogdanos emphasizes. "This was never done."
Niles claims that he called the station house at 1:49 p.m., almost 12 hours after Barrow was arrested, and told someone he was representing the rapper. "Indeed, while it is clear that Mr. Niles made the telephone call to the desk at the Midtown South Precinct, nothing more about the call can be relied upon," Bogdanos asserts. "Rather, the far more reasonable conclusion to be drawn is that Mr. Niles did call the precinct to confirm that Mr. Barrow was present and, at most, that Mr. Niles would like to speak to the case detective or Assistant District Attorney handling the case. This and nothing more."
Jamal "Shyne" Barrow sits at a defense table in Judge Charles H. Solomon's seventh-floor courtroom at 111 Centre Street. Absent on this day during jury selection are the shadowy players in "The Life" he loves: The "bitches with riches who carry .22s up in their hosiery," the "bitch" he treated "like a BluntHit! Hit! Hit!"then passed on, and some of his bad boys, the "type of nigga [who] slang and bang in the streets," the "type of nigga [who] stay in the Trump for weeks." Now it's just Wolf, Puff, and Shyne with their backs against the wall. Barrow constantly gazes at Combs. He has signed an affidavit declaring that he won't testify at the trial, so he won't be able to tell the jury that Combs did not have a gun on the night of the shooting. He knows that in the end, "prejudicial overspill" from the attempted murder and assault charges he alone is challenging can sink Combs.