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Pre-Trial Hearing for Murder Suspect, Derrick Carter

Derrick Carter, the twenty-six-year-old Utica man charged with shooting and killing fifty-year-old Charles Digristine of Rome in March, was back in Oneida County Court today. At this pre-trial hearing, Carter's defense attorney says police influenced a witness's identification of Carter as the killer.
Derrick Carter, the twenty-six-year-old Utica man charged with shooting and killing fifty-year-old Charles Digristine of Rome in March, was back in Oneida County Court today. At this pre-trial hearing, Carter's defense attorney says police influenced a witness's identification of Carter as the killer. Because of this, he doesn't want her statements to be used at trial. The witness is Elizabeth Reed--she was first questioned back in March when she told police she did not see Carter shoot and kill Charles Digristine at his home in Rome. However, months later something prompted her to change her story, saying carter was involved in the murder.
Inside the home at 115 Lawrence Street in Rome, Derrick Carter, nicknamed "Brooklyn" allegedly shot and killed Charles Digristine at the end of March. He's been charged with second degree murder but maintains his innocence while awaiting trial. Today's pre-trial hearing began with Carter's defense attorney, Christopher Pelli questioning Rome Police Detective, Raymond Bolton about his March interview of witness Elizabeth Reed, who said at the time she did not know if Carter was the shooter.
"Would it be fair to say that she made those statements in excess of 125 times?" asked Pelli.
"How many times she made that statement? I don't know," responded Bolton.
Pelli then refers to another portion of the March interview where police tell Reed they know Carter was in the victim's home on the night he was murdered.
"You actually tell Reed this: 'Based on our investigation and conversation with a lot of people, we know for a fact that Brooklyn was in Chuckie's house that night,'" said Bolton.
This statement, he says, was made in March, before Reed fingered Carter as the killer, and could have been the reason why she did so.
"She didn't make a positive identification of the person who killed Chuck until May, is that right?" asked Pelli.
"I couldn't tell you," responded Bolton.
Pelli has previously said the reason for Reed changing her story was to get out of an unrelated burglary charge. He wants Reed's initial statement to police to stand, but her later identification of Carter as the killer to be kept out of the trial .
"I move to preclude any statement, that was made on any other day than the 29th of March 2013."
Judge Michael Dwyer has not made a decision on Pelli's movement yet and the trial date has not been set.
I spoke with Pelli after the hearing today, but he didn't want to go on camera at the request of Derrick Carter.
With all this attention he says he's worried Carter won't get a fair trial.
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