KEW GARDENS — A witness to the murder of an imam and his assistant failed to identify suspect Oscar Morel in a police lineup this week, according to prosecutors and his defense attorney.
Morel appeared in Queens Criminal Court for the second time this week before his case goes to a grand jury on Friday, his new lawyer Michael Schwed said.
In the brief appearance in front of the judge, District Attorney Peter McCormack said a witness "mis hit" during a lineup on Aug. 15 — identifying another man as the killer and not Morel, he said.
"The fact that they held a lineup and a witness picked out somebody else in that lineup, indicates to me that there is something prejudicial in the way the lineup is conducted," Schwed said outside court.
"He went there with the thought in his head that he had to pick somebody out, and if that's the case how do you know the people are picking out the right person?"
Morel was arraigned Tuesday on a first-degree murder charge, two counts of second-degree murder and two counts of criminal possession of a weapon.
The DA's office said he fatally shot Imam Maulana Akonjee and his friend Thara Uddin as they walked home on Liberty Avenue and 79th Street following afternoon prayer on Aug. 13.
Police tracked him down after bicyclist David Hunter reported that Morel had rammed him with his SUV after the shooting, then pulled a gun.
Police said Morel's car matched video of the vehicle seen leaving the murder scene, and they later reported finding a revolver at Morel's home, which they said matched ballistics evidence from the shooting.
Schwed said he expected an indictment by Friday or Monday.
Morel's family, including his mother, brother and cousins, were in court Thursday morning to show their support. Today is the suspect's 36th birthday, they said.
"Love you Oscar," one relative said during the hearing.
"Love you too, Primo," another relative said.
They declined to answer questions outside court.
The family of Akonjee and Uddin have urged prosecutors to upgrade charges against him to a hate crime.
"I just want to know why he killed him," Akonjee's son, Saif Akonjee, said Tuesday. "My father was a very good guy."
"I don't see how it's a hate crime. No. 1, the defendant says he didn't do it," Schwed said outside court.
"As far as he's concerned, he didn't commit any crime."
