Attorney seeks to suppress witness identification
That's the argument of Becky Vanzant's attorney, Barbara Gonzales, who questioned police officers Wednesday in an evidentiary hearing in 4th District Court, to support her motion to suppress eyewitness identification.
Vanzant is charged with aggravated robbery, two charges of aggravated kidnaping, tampering with a witness and possession of a dangerous weapon by a restricted person for allegedly robbing a Hollywood Video store in American Fork late Jan. 4 and into the morning of Jan. 5.
The two employees said a woman hid under a table until the store closed, then came out, pointed a gun at them and demanded they turn around and get her money from the safe.
American Fork Police Officer Ryan Archuleta testified Wednesday that — as with all cases — he only includes in his police reports details provided by the witnesses.
The two employees described a female in her 40s and 50s, approximately 5 feet 5 inches, with a small, skinny body, shoulder-length brown and gray hair under a red cap and "John Lennon" type glasses.
"Yes, I don't believe there is a description in here," he said.
During a preliminary hearing in February, however, the two women said they told police that the suspect had a deep voice. In that same hearing, American Fork detectives also testified that based on the detail of a scratchy voice, they were led to suspect Vanzant, whom they had dealt with previously.
Gonzales focused much of her questioning on a photograph, provided to police by Nathan Coles, a District Manager for Hollywood Video.
"He told me that he had ... a gut feeling about an employee who had recently left a Salt Lake store," said American Fork officer Robert Giles who spoke with Coles.
Coles had met the employee a few times and said he believed she matched the physical description given him by police. Coles also showed the picture to employee Melissa Cummins.
"Coles said that without him saying anything, (she) pointed at the same employee as the one Coles had been suspecting as the offender," Giles said.
However, Coles later testified that Cummins said she recognized the woman but she "couldn't tell 100 percent if it was her or not," he said.
Prosecutor Randy Kennard asked Coles why he picked the woman as a possible suspect.
"When you came up with her name, that wasn't based upon you thinking this woman had a beef with Hollywood Video?" Kennard asked. "Was it purely physical (description)?"
"Correct," Coles said. "It was based solely on the description."
During the robbery, the two former employees also said the woman told them to follow "company policy," which they would have learned by watching a video.
"Do you know if the video ... is published in any way and accessible to the public?" Kennard asked. "Is there anywhere else (someone) could have seen that?"
"I don't believe so," Coles said. "To my knowledge it's just in that instructional video."
E-mail: sisraelsen@desnews.com
Recent comments
continued
I know many lawers who would take her care against...
janean | May 25, 2008 at 11:03 p.m.
I told you all in January that she didnt do it an all of her family...
Janean | May 25, 2008 at 11:00 p.m.
The biggest point I'm making is that she is innocent right now...
continued | May 3, 2008 at 11:46 a.m.
