Judge Partially Accepts Jail Calls into Evidence

By D.C. Witness Staff - February 24, 2020
Court | Daily Stories | Homicides | Suspects | Victims |

Counsel argued over pretrial motions to allow phone calls before DC Superior Court Judge Anita Josey-Herring. 

Nyekemia Everett and Malik Hewitt are charged with first-degree murder while armed, conspiracy, attempt to commit robbery while armed and possession of a firearm during a crime of violence for their alleged roles in the murder of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE in 2017.

The prosecution moved to enter two 15 minute jail calls in their entirety as well as a 40-minute video call that had a 37-page transcript. The prosecutor argued that the calls were necessary to prove that Everett attempted to obstruct justice by persuading a visitor to influence a key witness in the prosecution’s case. 

Much of the evidence detailed the visitor and Everett’s relationship as a means to strengthen the argument that the visitor would be someone that Everett felt like he could convince to carry out the obstruction.

Defense attorney, Michael Madden, said the entirety of these recordings are not relevant to the case as well as some of the evidence being more prejudicial than probative. 

Both attorneys and Judge Josey-Herring went through each line of the transcript, arguing objections as needed.

The jury trial is scheduled to begin on Feb. 26.