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Kadeem Gets Free Based On Statement Inadmissible
Fri, July 17, 2015
19 year-old Kadeem Anderson, a teenager who has been on remand for 3 years for the murder of 25 year-old Leo Palacio Jr., is a free man tonight after he was acquitted in a trial without jury before Justice Adolph Lucas. Despite the very best efforts of the DPP's Office, this is the second case in two days that they've lost in the very same way.

The court heard evidence that on May 10, 2012, Palacio was shot in chest while he was standing at the corner of Central American Boulevard and Pelican Street. Well-known elite cyclist Byron Pope, and Dennis Talbert were with him at the time of the shooting, and both men were injured as well. Pope was only grazed by a bullet, but Talbert was injured in his left arm and right thigh. Palacio Jr., was the only one who died from his injuries.

Crown Counsel Shanice Lovell, who was prosecuting this case, had difficulty proving her case when she called Talbert as the main witness to testify against Anderson. He took the witness stand and said under oath that he could not recognize the shooter. That was directly contrary to what he told police in a written statement, when he identified Anderson - who was only 16 at the time - as the gunman who pulled the trigger on them. Talbert had to be treated as a hostile witness, but he refused to acknowledge that he gave the police that written statement that the prosecutor was relying on.

Crown Counsel Lovell tried to get the written statement admitted into evidence, but because there were irregularities in how it was recorded, the judge refused to allow it. Justice Lucas refused to allow the statement into evidence because the officer did not use the established procedures to ensure its integrity.

So, Crown Counsel Lovell did not have enough evidence, and closed her case. Attorney Michelle Zuniga, one of Anderson's attorneys then submitted that based on the evidence Anderson did not have a case to answer. Justice Lucas upheld the submission and acquitted Anderson.

Although he was free, he was not allowed to go home because he still has a using deadly means of harm criminal charge against him. In order to be able to come off remand, he and his attorneys have to apply to the Supreme Court for bail.

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