Twin brothers ID'd as suspects in Hayes slaying

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August 4, 2010

Judge orders photos of twins to help finger a shooter

By Rick Pfeiffer Niagara Gazette The Niagara Gazette Wed Aug 04, 2010, 07:21 PM EDT

LOCKPORT — A Niagara County Court judge ordered photos taken of identical twin brothers after the pair were identified as prime suspects in a Falls homicide investigation.

Over strenuous objections from defense lawyers, Judge Sara Sheldon Sperrazza said she would order Edward and Ray Nickens to cooperate with Falls Police Crime Scene Unit investigators who wanted to take photographs of the brothers, separately and together. The judge also ordered the brothers to allow investigators to take photos of them with their shirts off to document any tattoos they may have.

Assistant District Attorney Doreen Hoffmann said the Nickens brothers were suspects in the slaying of Joshua Hayes. Police found Hayes’ body laying in the street in the 1800 block of Michigan Avenue about 3 a.m. on May 16.

Detectives said Hayes, 23, appeared to have suffered a gunshot wound to his head.

Hoffmann said Hayes was gunned down in front of the home of the Nickens brother’s mother and witnesses have fingered one of the brothers as the killer. However, Hoffmann said, there is some confusion over which brother was identified.

“The witness gives a physical description of one brother, but uses the name of the other brother,” Hoffmann said.

With photos of the twins, Hoffmann argued the prime witness in the case will be able to point investigators to the right brother to charge with murder.

Defense attorney Philip Dabney told Sperrazza that his client, Edward Nickens, had already cooperated with police investigators.

“My client gave a voluntary statement to police,” Dabney said.

Dabney also said detectives took three pictures of Edward Nickens when he spoke to them.

“It comes down to a point where you either indict this case or you don’t,” Dabney said. “The people have had enough time to build their case. I think it’s time to put it in the grand jury.”

Defense attorney Earl Key, representing Ray Nickens, called the prosecution request for photos “outrageous.”

“My client cooperated completely with the Niagara Falls Police,” Key said. “He’s done everything he can. There is no individualized suspicion here. Enough is enough. (Prosecutors) are on a fishing expedition.”

Key also called the request for photos of the brothers without their shirts a violation of their civil rights.

Sperrazza told Key that judges routinely order suspects and defendants not to change their appearance and allow photographs of distinguishing markings on their bodies, like tattoos.

“We’ve done that before,” the judge said.

“Just because it’s done, doesn’t make it lawful or constitutional,” Key replied.

Like Dabney, Key said police had already photographed his client, “with and without his lip piercing.”

“I don’t think (prosecutors) have a suspicion (Ray Nickens) has committed any crime,” Key said.

Hoffmann disputed that, telling Sperrazza that immediately after Hayes was shot, both Nickens brothers tested positive for gunpowder residue on their hands and clothing.

Since witnesses to Hayes’ murder have told investigators he was killed by a single gunman, Sperrazza said she would order the photos in an effort to clear the confusion in identifying the Nickens twins.

“I think the people are trying to eliminate (from charges) an innocent man,” the judge said.

Investigators have not given any indication of a possible motive for the slaying.

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