Judge Grants Continuance in Light of New Evidence

By D.C. Witness Staff - January 28, 2020
Court | Daily Stories | Homicides | Suspects | Victims |

During the trial readiness hearing on Jan. 24, the defense requested a continuance after receiving videos hours before the hearing that were used in a sentencing for another court case.  

Herman Lee Cook, 40, was charged with second-degree murder while armed for allegedly shooting Donald Stephan Johnson Jr, 45, on Aug. 8, 2016.

Herman’s defence attorney, William R. Buie III, said he received videos earlier that morning regarding two pending cases the prosecution relied on for the sentencing referendum. The prosecution is to give additional disclosure to the defense but under the terms of a protective order. 

Buie said the new material is necessary in order to give a full picture, particularly regarding a third undisclosed allegation brought against Cook in Maryland. 

The prosecution made representations at the bench in regards to what exactly was in the videos and how they could be tied into the case. The prosecutor also said all necessary evidence in regards to the videos and surrounding circumstances would be turned over.

District of Columbia Superior Court Judge Juliet McKenna held that if the prosecution is aware of any prior physical altercations between the suspect and victim, or of any prior arrests of the victim, that this be disclosed with the defense. 

A status hearing is scheduled to occur on Feb. 10 to enable both parties to be prepared for trial. Trial is slated to occur on Feb. 12.

This article was written by Lea Gianasso.