Oops. Man ID’d from MySpace Photo Wasn’t Actual Assailant

A North Carolina man arrested on Albany, N.Y., assault charges after the victim identified him from a photo on the MySpace social networking site has suddenly been cleared as his trial was about to start.

After his lawyer argued in court today that Brandon Hooks, 26, had never been in Albany and a prosecutor asked that the case be dismissed in the interest of justice, Supreme Court Justice Dan Lamont quashed his April indictment on charges of first-degree assault, second-degree assault and criminal possession of a weapon, according to the Albany Times-Union.

Hooks offered a DNA sample that reportedly did not match DNA evidence from the July 27, 2007 assault of Sean McDonough in the early morning hours outside the Skyline bar.

An investigation of the crime continues.

Assistant Public Defender Timothy Berry represented Hooks.