Beverly Man Claims Framed by Police for Armed Robbery

BOSTON — A Beverly man serving 10 years in prison for a 2013 masked armed robbery of a pizza delivery driver has appealed to the state's highest court to overturn his conviction claiming police essentially framed him by making him wear a jacket similar to what the robber wore so the witness would identify him as the thief.

Defense attorney Merritt Schnipper, who represents 26-year-old Dasheem Dew, of Beverely, , will appear before the state Supreme Judicial Court on April 6 to argue that his 2015 conviction for masked armed robbery (a knife) and 10-year state prison sentence should be overturned.

Dew was found guilty in the Dec. 18, 2013 robbery of a driver for Ariston Pizza. Beverely Police said the driver was delivering two pizzas and two drinks to a Park Street address, when the delivery driver received another call directing to different address. The driver saw Dew standing on the corner. The driver testified at trial that Dew was wearing a red bandanna covering on his face as he approached the car.

The delivery driver said he heard the sound of a knife being unfolded and then saw Dew point the knife at his neck and then his ribs. The driver handed over between $40 and $50.

Police later found a red bandanna in the apartment where Dew was staying, as well as a folding knife.

Schnipper argues in her court brief that Beverly police allegedly draped a black jacket over Dew's shoulders for a "suggestive show up'' with the witness so he would closely resemble the robber.

But during a motion to suppress the idenfication, Salem Superior court Judge Judge Kevin Feeley denied the motion, explaining that Dew was known to police and the robbery took place a short distance from where dew lived on Rantoul Street in Beverly.

Feeley noted that Dew was not wearing a black jacket when officers approached him, but a black jacket was seen nearby. Another witness confirmed that Dew had been wearing a black jacket and a red scarf, the judge wrote.

Feeley agreed that police "show ups" are inherently suggestive, but police used the procedure for "immediate confirmation'' during the investigation.