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Witness ID of robbery suspect can be used at trial, judge rules

Rejecting claims police suggested the answer before asking the question, a McHenry County judge said Monday that prosecutors could use an eyewitness' photo lineup identification of a suspected robber when he goes to trial early next year on charges he held up a Huntley bank.

Judge Joseph Condon said there was nothing inappropriate about a Huntley detective telling the bank employee that a suspect might be in one of the six photos he showed her when she pointed to Matthew G. Reno, of Hinckley, as the man she believes robbed the Castle Bank on March 10, 2008.

"The detective stating that there is a possible suspect in the lineup is simply telling her something that common sense would have already told her," Condon said.

Reno, 19, faces charges of armed robbery and theft in connection with the holdup in which, police said, he walked into the bank with a handgun, demanded money from a teller and then fled with several thousand dollars to a getaway car driven by a co-defendant who has since turned state's evidence against him.

Reno has denied the charges, and is expected to present an alibi defense when his case goes to trial Jan. 25.

His attorney argued in court Monday that a Huntley police detective conducted an "unduly suggestive" photo lineup. During the lineup, the woman pointed to Reno and said she was "80 percent sure" he was the robber.

Reno and co-defendant Justin E. Fasel, 19, of Big Rock, also are charged with attempted armed robbery for the failed holdup of a Union bank about two weeks after the Huntley stickup. That case is on hold until after a trial on the Huntley robbery.

Court records indicate that, among other things, Reno used robbery proceeds to buy a used car.

If found guilty of armed robbery, Reno would face between six and 30 years in prison.