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Suppression hearing in aggravated robbery case in recess over discovery issues

Jerry Anderson

HUTCHINSON, Kan. — A 29-year-old man arrested for allegedly robbing LoanMax Title Loans back on May 4 of last year is scheduled to be before a judge Monday morning for a motion to suppress.

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 apparently wants to challenge some of the evidence in the case, including the identification by the alleged victim. They argue in their motion 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 Smith. Police believed that to be her vehicle which led to her residence and the arrest of Anderson.

The defense and the state apparently didn’t have all the reports from police involving this case, so the defense requested a recess of the proceedings to make sure they have all the discovery in the matter. Judge Trish Rose decided that, since the defense has the burden with their motions, she would grant the request. No new date was announced as to when the hearing would resume, however, it will have to be sometime before trial, which is scheduled to begin on May 31.

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.

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