Trial counsel expressly admitted that the man Grant
apprehended and later released was the person who fired the
three shots which killed one man and wounded another.
The surveillance system
 A surveillance system at Whispers recorded activities tak-
ing place both inside and outside the bar. The two cameras out-
side recorded events intermittently, not continuously. There was
also a blind spot between the two cameras.
 Police seized the surveillance system. They tracked the
movements of the shooter and listed his identifying characteristics from the images captured by the surveillance system.
 The images from the surveillance system disclosed several
features of the shooter’s appearance. The shooter wore what
appeared to be an aqua blue long-sleeved, over-sized t-shirt over
a white t-shirt that hung below the outer shirt. He wore dark full-length pants and white running shoes with a black dot on the
back of each shoe and black markings on the front and back
of the soles of the shoes. He had a chain around his neck with
a medallion on it.
 The shooter had a receding hairline. His hair was braided
at the back. There was a darkness under his lip, as if he had
a moustache, and what appeared to be a light beard.
The video identification
 Detective Hank Idsinga spent several hundred hours
reviewing the video surveillance from inside and outside Whis-
pers on the date of the shooting. He testified that the shooter
had been one of the men involved in the robbery of the cashier.
Earlier in the evening this man had been wearing a baseball cap.
When Grant put this man in a headlock, an object resembling
a hat can be seen on the ground in the immediate area where the
confrontation between the man and Grant occurred.
 It was the evidence of Det. Idsinga that the only person
who fit all the identifying characteristics of the shooter was Peter
The DNA evidence
 Police seized the jacket Albert Grant was wearing when
he put the shooter in a headlock and immobilized his arm
with the extendable baton. Grant had his left arm around the
shooter’s neck and the shooter had his head against Grant’s
upper left chest.