Michael Kevin McCarthy, 22, of Roslindale and a part-time student at Boston College, was recently arraigned on several felony Violent Crimes Charges for robbing Tedeschi’s Convenience Store in Brighton on August 13, 2010. He has formally been charged with Armed Robbery, Assault & Battery with a Dangerous Weapon, and Using a Disguise to Obstruct Justice.
Boston Police Officers and the Suffolk County District Attorney’s Office allege that, on August 13, 2010, McCarthy entered the Tedeschi’s in Brighton’s Cleveland Circle at 1:00 a.m. and asked if the coffee was fresh. He left the store and then returned later that morning, around 5:00 a.m., and allegedly pistol-whipped the clerk. The clerk then turned over the cash to him from both cash registers.
During its investigation, the Boston Police Department obtained still photos of the incident from the video surveillance system and posted them on Massachusetts’ Most Wanted. A few days later, they reportedly received a tip that the person involved was McCarthy and that he was a student at Boston College. Working alongside Boston College Police, Boston Police Officers were then able to match the man portrayed in the video to the student records on file. A photo array was then taken to the victimized store clerk, who positively identified McCarthy as the alleged robber.
Without question, Identification will play a central role in McCarthy’s defense if this case goes to trial. How good an Identification Defense will be depends on the quality of the video surveillance footage, and how accurately the witnesses would be able to identify him as the person who robbed the store. That the store clerk has already picked out McCarthy from a photo array, does not necessarily mean that an Identification Defense is foreclosed. Attacking the accuracy of any identification, will still be a major focus point at trial.
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