Citing problems with cross-racial identification, a Baltimore City judge on Friday eliminated probation for a man convicted of murder in 1968.
Circuit Court Judge Gale Rasin released Walter Lomax, 59, from prison in December, and said Friday that “haunting doubt” remains about whether Lomax actually committed the crime, according to attorneys involved in the case.
Prosecutors allege Lomax entered Giles supermarket in South Baltimore on Dec. 2, 1967, and shot and killed Robert Brewer, 56, during a robbery. Lomax was found guilty of first-degree murder in 1968 and received a life sentence.
But Rasin said Lomax was convicted “solely on cross-racial identifications.”
Studies have shown that most witnesses have a difficult time accurately identifying suspects of a different race. Lomax is black; all of his identifiers were white.
Moreover, only hours before the shooting Lomax had a cast put on his right hand at Johns Hopkins Hospital that was so big it “looked like a boxing glove,” according to a ruling Rasin wrote.
“All witnesses testified that the robber shot the gun with his right hand and no witnesses reported any swelling or cast,” Rasin wrote.
After Lomax served more than three decades in prison, Rasin modified his sentence and released him from custody in December.
Despite his release, prosecutors said Friday that Lomax remains a convicted murderer.
“Lomax was not ?wrongfully convicted,? ” a news release from the Baltimore City State?s Attorney?s Office states.
“His sentence was not ?overturned? and he was not exonerated of this crime.”
Booth Ripke, Lomax?s attorney, said that statement was true.
“We agree that he was convicted,” Ripke said. “But no juror today would convict him of this crime.”
