Witness, lineup called into question

Pre-trial hearings are continuing for former Rockville Centre resident Maxwell Sherman, who is accused of murdering an 18-year-old Lynbrook woman on a Rockville Centre footbridge in 2013.

At hearings last week, Sherman’s defense attorney, William Petrillo, called into question the validity of a witness testimony that placed Sherman at the scene. He also called the police lineup that the witness picked Sherman out of “unduly suggestive.”

The photo array lineup that the witness picked Sherman out of, Petrillo says, was unduly suggestive because Sherman was the only one not looking directly at the camera. Additionally, Petrillo said, the background for Sherman’s photo was much brighter than the other five pictures.

“…The main thing they try to avoid is to have one thing stand out in the subject than the other five fillers,” Petrillo said. “Because it could cause the viewer of the photo array to be directed to ward a particular photo.”

According to Newsday, Assistant District Attorney Everett Witherell, who is prosecuting the case, countered Petrillo’s arguments, saying that, while police didn’t go out canvassing for people who looked like Sherman for the lineup, all of the pictures that were used were men who looked similar, as is standard procedure. He said there was nothing done differently for Sherman’s lineup than any other.

Sherman is accused of strangling and sexually assaulting 18-year-old Lauren Daverin-Gresham on a Rockville Centre footbridge on Aug. 22, 2013.

Petrillo also questioned the credibility of the witness, who claimed to have seen Sherman straddling the body and didn’t tell police about it when questioned at the scene. He arrived at a police station two days later with a sketch of the man he claimed he saw.

The claims are rather standard for pre-trial hearings, which can determine the validity of certain pieces of evidence and witness testimonies.

It will be up to Acting Supreme Court Judge Meryl Berkowitz to decide whether or not the witness’s testimony and subsequent identification of Sherman is valid.

The pre-trial hearing is expected to continue on March 23, when Berkowitz will make her judgment. Petrillo said he expected the trial to begin at the end of April.