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Suspect In Officer's Shooting Has Alibi Says Lawyer

Suspect In Officer's Shooting Has Alibi Says Lawyer

Pittsburgh Post-Gazette via YellowBrix

April 08, 2011

CLAIRTON, PA – The attorney for a man charged with shooting a Clairton police officer said witnesses misidentified his client when they pegged him from a photo lineup as the gunman, and police have arrested the wrong man.

Attorney Fred Rabner said Myles J. Hutchinson, 21, of McKeesport, who is charged with attempted homicide, assault on a law enforcement officer and a string of other crimes, was elsewhere during the Monday night shooting on Miller Avenue.

Officer James Kuzak, 39, remained hospitalized at UPMC Mercy Thursday. He was shot three times when a pair of gunmen burst out of a house where he and two other officers were responding to reports of a home invasion.

County police were still hunting for the second suspect Thursday and arrested a man who they said is a friend of Mr. Hutchinson’s on an unrelated bench warrant. The man, whom police would not identify, was taken to county police headquarters in Point Breeze for questioning, but he is not being charged in connection with the shooting. Police had still not identified the second suspect as of Thursday night.

Mr. Hutchinson was charged on Tuesday after two witnesses provided county police detectives with physical descriptions of the intruders and both witnesses pointed to Mr. Hutchinson as one of the intruders while looking at a photo lineup, according to a criminal complaint.

A district judge denied him bail after his arrest.

“This is a heinous act, and my client and his family’s prayers go out to the officer and the victims,” Mr. Rabner said. “The perpetrator of this crime should be brought to justice, but the police have the wrong man in custody.”

Mr. Rabner would not elaborate because, he said, he is “in the process of verifying the various elements of the alibi” and is “in the process with an investigator to gather evidence to free my client.”

County police Lt. Andrew Schurman, who is overseeing the investigation, did not return calls seeking comment.

Mr. Rabner called the photo lineup a “fallible” form of evidence and said Mr. Hutchinson’s relatives received a copy of a warrant to search their home that indicated police were searching for ski masks, dark clothing, hooded sweatshirts, suggesting the intruders’ faces were concealed.

A bail hearing for Mr. Hutchinson is scheduled for today in Common Pleas Court, though Mr. Rabner said he might ask that it be postponed because he was retained on Thursday. He added that he had not had a chance to talk to his client.


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  • In_remembrance_of_oakland_pd_max50_max50_max50_max50_max50

    rhood

    over 3 years ago

    23592 Comments

    Payers and best wishes for a full recovery to Officer Kuzak

  • Bearcat_smoke-rgb_max50

    JessLnC89

    over 3 years ago

    390 Comments

    Prayers for a speedy recovery for Officer Kuzak

  • Photo_user_blank_big

    Anonymous

    over 3 years ago

    My prays are for Officer Kuzak to make a full and speedy recovery. We all know about lawyers but we will have to wait and see. get well my brother...

  • Screen_shot_2011-04-10_at_8

    T_9

    over 3 years ago

    5668 Comments

    Praying that Officer Kuzak make a quick and full recovery!

  • Steve_mcqueen_max50

    ilegworldchamp

    over 3 years ago

    8966 Comments

    This Lawyer is "REAL GOOD" , he is asking for a postponement "SO HE CAN TALK WITH HIS MISIDENTIFIED CLIENT FOR THE FIRST TIME" ???????????????? He practices osmosis. (transfer of water based chemicals in one brain to another).

  • Photo_user_blank_big

    Buster10

    over 3 years ago

    258 Comments

    Thoughts and prayers

  • 1979_max50

    Robocop33

    over 3 years ago

    14618 Comments

    If this suspect really is innocent then we willfind out and he should then be immediately released. If his 'alibi is not solid then keep him for trail and the jury should be allowed to know that he produced a fake alibi.
    Bottom line is, we want the POS that did this crime and only the POS that did this crime.

  • 9-11_1_sq90_max50

    patmrey

    over 3 years ago

    496 Comments

    speedy recovery brother

  • My_pics_max50

    woofaz

    over 3 years ago

    108 Comments

    I hea ya DARSAVMO keeep it clean keeep it dry.

  • Thinker_max50

    darsavmo

    over 3 years ago

    11354 Comments

    First, I hope the officer fully recovers quickly. Second, I hope they have more evidence than a photo line-up. Third, I hope they keep investigating until they have sufficient to make a charge stick and get a conviction. Fourth, if he does have an alibi, state what it is so police can investigate the alibi and if the alibi is found credible, release him...

  • Sheriff_3_max50

    sheriff950

    over 3 years ago

    5360 Comments

    Thoughts and prayers to the officer for a speedy recovery....

  • 15437_1266403054653_1067074389_873402_825427_n_max50

    fireems31

    over 3 years ago

    284 Comments

    Get well soon!

  • 1051193310_l_max50

    95Zcar

    over 3 years ago

    3992 Comments

    Speedy recovery to our Hero!

  • Ralphie_max50

    rafaelmorales

    over 3 years ago

    2994 Comments

    Get well soon my brother.

  • 1393794_10151798561878138_392793313_n_max50

    Blueblood1974

    over 3 years ago

    5204 Comments

    speedy recovery brother!

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