QUINCY -- A second attempt to prohibit testimony on a voice lineup by attorneys representing a Quincy man charged in the 2015 shooting death of another Quincy man was denied Monday.
One of Steven E. Gavin's attorneys, Drew Schnack, said after reviewing a DVD of the audio that was presented to Shelby Wires, the daughter of Carlous Wires, who was killed Nov. 23, 2015, in a shooting on Quincy's northwest side, he found that Gavin was identified in the conversations.
Schnack also argued that one of the recordings of Gavin included Alanna Dawson, Gavin's girlfriend, who he said Shelby Wires recognized on the audio.
"All I've got is the DVD to go on, and it seems to be overly suggestive," Schnack said.
Arguments on the motion were made after a jury selection where eight women and four men was selected, along with four alternate jurors -- three woman and one man. Opening statements start Wednesday.
Gavin, 56, faces four counts of first-degree murder and one count of armed robbery in the death of Wires, which allegedly was over a disagreement about a drug purchase.
The Feb. 4 voice line up at the Quincy Police Department was set up to see if Shelby Wires could identify the voice from a call made to her cellphone the night of her father's death.
Carlous Wires reportedly made a phone call using his daughter's cellphone the night of his death and asked for "Steve."
Judge Robert Adrian initially reversed his order from Friday that would have allowed testimony on the voice lineup, but after testimony from Quincy Police Detective Adam Gibson and Shelby Wires, he ruled that testimony on the voice lineup was admissible.
Gibson testified that he played four 30-second clips from phone calls about three or four minutes into the recording and said that no names were mentioned in the sample he played for Shelby Wires. Two were of Gavin, and the others were of other inmates in the Adams County Jail.
Shelby Wires testified that she heard the tapes three times, though she initially testified she heard six tapes and not four.
She testified that the voice she heard on two of the tapes was the same voice she heard the night her father was killed.
During cross-examination, Schnack asked Shelby Wires how well she knew Dawson.
She testified that she knew Dawson since she was a child, knew her voice and knew she was in a relationship with Gavin.
Schnack argued that Shelby Wires inferred that Gavin was the voice on the call once she heard Hampton's voice.
"She made the assumption that the person she talked to was Steven Gavin," Schnack said.
Jones reiterated that Shelby Wires had not heard any names in the recordings and had not way of knowing it was Gavin on the phone.
"It was the voice she heard the night her father died," he said.
Gavin has been held in the Adams County Jail since his May 1, 2017, arrest on $5 million bond.