7 asking that identification testimony in the case be suppressed. In the motion, Harjo states that neither Edwards girlfriend, Hannah Gastwirth, nor his friend Joshua Roydes identified Manley in photographs shown to them by police in the hours after the killing. Roydes, who was killed in an unrelated hit-and-run accident Dec. 30, made an identification with 100 percent stated certainty, of someone other than Manley, Harjo said. Gastwirth identified approximately 10 suspects with various degrees of certainty, but none were Manley or his co-defendants, she said. Then, during a police interview four days after the killing, Gastwirth was still unable to identify Manley as a suspect, but the detective reported otherwise in his report, Harjo wrote. She also alleged that the investigator repeatedly assured Gastwirth that Manley was the right suspect, further tainting Gastwirth’s ability to be unbiased, Harjo wrote. The impermissibly suggestive nature of the pre-trial identification procedure was such that it gives rise to a substantial likelihood of irreparable mis-identification in court, the motion alleges. The judge will hear motions in advance of jury selection set to begin Monday.
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