HUTCHINSON, Kan. — Judge Trish Rose took under advisement a number of defense motions to suppress evidence in a case where a 29-year-old man is charged with robbing LoanMax Title Loans back on May 4 of last year.
Jerry Allen Anderson Jr. is charged with aggravated robbery after he allegedly walked into the business and demanded money at gun point. He got away with about $1,400 and left in a black four-door automobile, which police found at a residence he shares with Adina Smith.
The victim testified at the preliminary hearing about the black man coming into the business and stating he wanted the cash. She opened the drawer and placed the money on the counter. He then grabbed it, put it down his jeans and ran out. She was able to identify Anderson as the one who robbed her because of photos provided by police.
The defense challenging the identification by the alleged victim arguing that the victim was shown seven photos and narrowed it down to two. They then argue that the victim didn’t make a positive identification until the preliminary hearing when Anderson was at the defense table and was the only black male in the courtroom.
They also argued that the video tape from a nearby motel does not depict Anderson getting into the black or dark blue vehicle believed to belong to Adina Smith saying that video shows what happened a hour prior to the robbery. Police believed that to be her vehicle which led to her residence and the arrest of Anderson.
Defense Attorney Sarah McKinnon argued that as part of Kansas Law, his parole officer can only search or grant a search of the parolee’s person and not his residence. District Attorney Keith Schroeder that McKinnon is not using the correct statute in law. He says a parole officer can search a residence of a parolee at anytime for any reason.
Judge Rose took these arguments under advisement and expects to make a ruling within the next week. She also set a trial date of Aug. 9.
Anderson was paroled back in January of last year for another conviction of aggravated robbery from 2007, but also has a conviction for felony flee and elude. Both convictions from separate incidents are out of Leavenworth County.