A real estate agent who accused a West Pittsburg man of raping her in an empty Jefferson Township home she was showing him on June 11 had her eyewitness identification called into question Tuesday.
She identified Michael R. Tackett, 38, as her rapist in court. Tackett’s defense attorney, Thomas W. Leslie, argued before Common Pleas Judge Thomas R. Dobson that when police showed the victim a photo of Tackett outside a normal lineup, it was “unduly suggestive.”
By seeing that photograph, Leslie said all later identifications of Tackett by the woman would be tainted and violate Tackett’s constitutional rights.
Dobson said police didn’t use the best practices when they showed the woman a single picture of Tackett outside a lineup, but that it wasn’t necessarily unduly suggestive, especially considering how much time she spent with the accused rapist.
“It’s an easy call,” Dobson said. He denied the motion, and the victim’s identification can be used in court.
The victim said she spent more than two hours going over a property with Tackett before he raped her. After he raped her, he threatened her, she said. He told her he would know if she went to police, that he would hurt her family, and that her husband wouldn’t want her.
During the blackmail session, she said she was face-to-face with Tackett and sought to “burn his image” into her mind for about 10 minutes.
She said she was a “detail-oriented” person and recounted his appearance: fine hair, unnoteworthy rims on his glasses, round face, light mustache, prominent beard, the type of clothing he wore down to his shoes, and the smell of cigarettes and someone who hadn’t showered.
She also identified Tackett’s car, and was able to point it out from a block away while driving through West Pittsburg with her husband, police said.
Tackett used the false identity “Randy Michaels” at one of the real estate agent’s open houses and asked her to show him a secluded property with a lot of acreage, she said.
After showing him a Seidle Road home, they went over a tax map in the kitchen when he approached her from behind, told her he had a gun, threatened to kill her, and raped her, she said. Later, he showed her a knife and read her address off in front of her.
He told her she was one of the “lucky ones” who would live, because she had children, she said.
The victim said she went to her office afterwards, where she met a friend and her husband. They went through a sex offender registry and saw several photographs, one of which looked a little like the man who raped her, but wasn’t quite right.
Using that photograph plus a description of the differences, a Neshannock Township policeman said it sounded like someone he was familiar with.
Assistant District Attorney Ryan Bonner argued that by looking at several photos, including one very similar to Tackett and still knowing it wasn’t him, it was unlikely any additional photos shown by police would be unduly suggestive.
Tackett was charged with rape in 2003 and 2005 in Lawrence County and acquitted both times, according to court documents.
Now he faces charges in Mercer County of rape, intimidating witnesses, aggravated indecent assault, making terroristic threats, unlawful restraint, possessing a weapon, and sexual assault.
Tackett had his bond reduced to $100,000 in December due to medical needs for his back. He has since posted bond and was set free. Police have warned he is “potentially dangerous.”
TOP STORIES
Related Photos
Discussion
IN COURT: Judge permits ID of West Pittsburg man accused of rape
- TOP STORIES
-
-
Local Priest: Obama birth control policy is bad medicine
One local priest believes the Obama administration’s new birth control policy would impact Lawrence County if not reversed. “It will affect from Catholic Charities in the disocese of Pittsburgh to every corner of the nation,” said the Rev. Frank Alamade, administrator of St. Vitus Catholic Church.
-
PennDOT outlines local projects
The Pennsylvania Department of Transportation has planned the following projects for the 2012 construction season:
-
Mayor picks Salem for police chief
New Castle Mayor Anthony Mastrangelo has selected Sgt. Robert A. Salem as his choice for police chief. The mayor will officially present Salem for appointment at Thursday’s city council meeting.
-
Shale drilling not yet booming here
Marcellus and Utica shale drilling in Lawrence County is not booming — yet. But progress is being met with mixed emotions from landowners who either have scrambled to sign top-dollar leases with drilling companies or who are being cautious about the effects hydraulic fracking could have on their land and the environment.
-
Over and back: Neshannock basketball coach rebounding from frightening stroke
All John Corey wanted was a picture. Not much else mattered at this point. A day that, at first, allowed him to spend time with his wife and three kids, ended with him clinging to a family photo and wondering if he would ever see any of them again.
-
Ellwood City Nativity still front burner issue
A federal lawsuit filed Friday in Montana could serve as a warning for Ellwood City’s Nativity Location Committee. The committee, formed in December after borough council voted to remove the display from the municipal building lawn, has until June 12 to recommend proposals for a 2012 site.
-
Drug court aims to give addicts their life back
The greatest incentive defendants have in completing Lawrence County’s drug court is to regain the dignity they had before addiction. Education, jobs, expungement of their criminal charges and living drug-free lives also lie at the end of that rainbow.
-
Chief Rejected: Sansone plans to sue city
Former New Castle police chief Tom Sansone plans to file a lawsuit against the city. Attorney Joel Sansone, a cousin of the police officer, said yesterday that as soon as his investigation is completed, he intends to file the suit in U.S. District Court in Pittsburgh.
-
Teamwork led to arrest of bank robbery suspects
Help from multiple departments and quick detective work enabled the New Wilmington police to track down two suspected bank robbers. And Police Chief Carmen Piccirillo has learned that sometimes, someone, somehow will be recognized.
-
Bus fares to increase March 1
It’s going to cost more to get around or leave town this spring. New Castle Area Transit Authority bus fares will increase March 1. “This is the first overall increase in about 20 years,” assistant manager Vicki Antonio said. The authority’s Pittsburgh run saw a price hike in 2002.
- More TOP STORIES Headlines
-
