Defense argues for new lineup in Ramos hearing

The surviving son whose father and brothers were gunned down in the Excelsior district may have been too shaken up by the June 22 attack to properly identify the shooter in a police lineup, the alleged killer’s attorney said Tuesday.

The attorney for Edwin Ramos — who is charged with three counts of murder and multiple special allegations in the deaths of Anthony “Tony” Bologna, 48, and his sons Michael, 20, and Matthew, 16 — has asked Superior Court Judge Teri Jackson to allow a new photo lineup. Investigators say Ramos, an alleged gang member, mistook his alleged victims as members of a rival gang.

At Tuesday’s hearing, public defender Marla Zamora said Ramos is a victim of mistaken identity. Zamora said the Bologna’s teenage son, who was sitting in the back seat when his father and brothers were shot, was distraught and not emotionally stable when he identified Ramos as the assailant in a lineup two days after the attack. Two to three other witnesses who identified the Chrysler 300 series car used in the attack should also be compelled to identify Ramos in a lineup, Zamora said.

Assistant District Attorney Harry Dorfman said Zamora’s request was not reasonable.

Jackson noted that Ramos already admitted he drove a Chrysler, but said she would take the matter under advisement and issue a ruling Thursday morning.

tbarak@sfexaminer.com

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