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Lawyer argues forcing "a Black man to wear a mask or to be judged by jurors wearing masks … is in our view unconstitutional.”

Carine Reeves of New York is about to go on trial for the murder of Sally Shaw. His lawyer argues he shouldn't have to wear a mask because it would sway the jury.

BANGOR, Maine — A man from New York who's about to stand trial for allegedly murdering a woman in Cherryfield says he can't get a fair trial because he'd have to wear a mask in court and it would prejudice the jury. 

RELATED: 'I can't understand why this would happen:' Cherryfield homicide victim's sister wants answers

That's the argument Carine Reeves' lawyer, Stephen Smith, made on Wednesday before a judge. 

According to the Portland Press Herald, in his motion, Smith referenced a study by North Carolina researchers who wrote, “African Americans are particularly prone to racial profiling solely due to the fact that they are wearing masks.” 

He also said, “We’re at a particular moment in this nation’s history when having a court force a Black man to wear a mask or to be judged by jurors wearing masks … is in our view unconstitutional.” 

Assistant Attorney General Leane Zainea says if Reeves wants a trial without masks, he'll have to wait for a time that CDC rules allow it. 

Smith says that would be unconstitutional because Reeves is entitled to a speedy trial. 

The judge heard both sides on Wednesday and says he'll issue a ruling in a day or two. 

 Reeves is accused of shooting Sally Shaw in the head and leaving her body on the side of the road in Cherryfield three years ago. 

Credit: via family
Sally Shaw

Also charged with murder was Quaneysha Greeley of Lewiston who plead guilty to the murder after a plea deal. Greeley agreed to testify against Reeves.

Quaneysha Greeley and Carine Reeves