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thedrifter
06-05-09, 07:08 AM
Judge bars slain Marine’s ID of suspect
The Associated Press
Posted : Friday Jun 5, 2009 6:58:16 EDT

CLEVELAND — A judge has ruled that prosecutors cannot use a slain Marine’s identification of the man he says shot him during a robbery at a bus stop last year.

Cuyahoga County prosecutors wanted to admit as evidence the testimony of 21-year-old Lance Cpl. Robert Crutchfield about the person who allegedly shot him.

Crutchfield was left disabled by a gunshot while waiting for a bus in Cleveland and died four months later of an infection that authorities say was related to his injuries.

Judge Stuart Friedman of Cuyahoga County Common Pleas Court rejected prosecutors’ argument that Crutchfield believed he was dying when he identified a suspect while in the hospital.

In some cases statements from the dying can be used in court.

Ellie