SALEM – Armed robbery charges against a Lynn man were dropped Friday after a Superior Court judge determined that there was an improper identification.Leroy Davis, 18, of 182 Henry Ave., Lynn, was charged with armed robbery in connection with a holdup on Oct. 16, 2010 at about 10 p.m., when two juveniles, both age 14, said they were robbed of their cell phones and $10 at gunpoint on Fayette Street in Lynn by three males.Davis was arrested and identified as one of the robbers in a show-up identification procedure by one of the victims.However, defense lawyer Rebecca E. Whitehill later challenged the identification procedure conducted two days later by police arguing there was no “good cause” for the show-up procedure.Judge Timothy Q. Feeley agreed with Whitehill and ordered that the preliminary trial motion be allowed.Friday morning Assistant District Attorney Jennifer Kirshenbaum told Feeley that the commonwealth was not going to appeal his decision and was dropping the case against Davis.The two other holdup men still remain unidentified.Davis was indicted by a grand jury in November 2010 and has been free on $1,000 cash bail since being arraigned in Superior Court.
