FACTS: Agg. Robbery; 2 male co-defendants; clerk shot in back of head (clerk survives!)by Male #1, but has not recollection of events; video surveillance recovered, Male #1(shooter) I.D.'d in video by S.O. gang unit deputy, and Male #1 has pled guilty. The Male #2 (carried cash register till) was implicated by a SOA provided by the lookout waiting in car placing Male #1 / Male #2 at convenience store. Passerby can't I.D. neither male. No one in S.O. gang unit can I.D. Male #2. Lookout is refusing to testify. Video clearly shows two males, but facial details of Male #2 on video are fuzzy at best.

What to do? Argue video under "silent witness" theory and allow jury to decide identity? Any ideas, am I on the right (or wrong) track?

Thanks in advance.

Any ideas to I.D. the

This may have been attempted, but for future cases consider how you structure a plea for co-defendants. If you want defendant A to testify against defendant B, set sentencing for defendant A some time AFTER disposition of the case for defendant B, requiring defendant A to testify truthfully before any plea agreement is finalized. That way, you have some control over the cooperation of the first defendant.

Guess you lost me -- did you already indict the case (unknown defendant included)?

You ask for ideas on how to id -- how about having the tv station/s play the video and have crime stoppers offer a reward?