A 34-year-old Williamsport man accused of peeking into dressing rooms at Kohl's has asked the court to toss the victims' identifications of him.
In a self-written motion to suppress identification filed October 7, 2019, defendant Colin James Best said the victims identified him after a suggestive encounter rather than by independent recollection.
"The defendant was never identified at a line-up, show-up or within a photo array...but was only identified six weeks later, while in a courtroom, handcuffed, shackled, belted, in prison uniform, seated at the defense table," Best wrote.
Best is charged with two second degree misdemeanor counts of invasion of privacy - photograph/view intimate parts of another person.
Around 7:26 p.m. on May 26, 2019, two sisters, one aged 15 and one aged 24, were trying on clothes in the changing rooms of Kohl's department store, court records stated.
While in the changing room, the older daughter reportedly saw a shadow above the wall and thought she saw a phone. When she opened the door, she saw a white male with a reddish beard running out of the changing area.
Although he admits to being at the scene, Best wrote that, "The victim gave an extremely general description of a person she assumed committed an offense that lacked any descriptive details."
Best said he was the only white male with a beard in the courtroom when the victims made their identification of him, which he considered to be "unduly suggestive."
"No witness provides testimony or statement alleging they seen [sic] a crime being committed but only provided the defendants near presence at Kohl's," Best wrote.
Arguments on the matter have been scheduled for 11 a.m. on October 22, 2019, before President Judge Nancy L. Butts.