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By
D.C. Witness Staff
- January 27, 2020
Court
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Daily Stories
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Homicides
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Suspects
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Victims
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Instead of selecting a jury Jan. 27, counsel used the first day slated for a murder trial to dispute evidence.
Keith Archie, 39, is charged with murder in the second-degree while armed. He allegedly stabbed Demond Marcel Rush on the 3600 block of 22nd St., SE in 2017.
The prosecutor filed a notice listing evidence, including notes from police officers who were on the scene after the stabbing as well as body cam footage. One of the two prosecutors told DC Superior Court Judge Neal Kravitz that source documents from potential witnesses and from every police officer and the detective involved were also turned over to the defense.
Archie’s defense attorneys, Sylvia Smith and Jason Tulley, said they needed source documents from one more detective involved in the case. This detective is currently under investigation and has been removed from homicide branch. He is currently a patrol officer.
The defense said that because the officer was transferred against his will, he would be more inclined to testify in favor of the prosecution’s theory, so he could get his old job back.
DC Superior Court Judge Neal Kravitz instructed the prosecution to get documents from the Metropolitan Police Department (MPD) that explained the officer’s transfer.
Smith and Tulley also asked the prosecution to inform them of specific text messages between the defendant and his mom that they intended to use during trial. The counselors said the 250 pages of documents were too many to go through.
However, the prosecutors argued that specifying messages would place them in a“pigeon hole”. The prosecutors said the text messages would restrict their case to the messages that were handed over.
Judge Kravitz said he was “not aware of any discovery rule which requires the prosecution tell the defense in advance with items it will use.” But, Judge Kravitz said that he thought 250 pages is too much for the defense to sift through.
The prosecution agreed to identify certain text messages they would use during trial.
Jury selection is slated to begin on Jan. 29.
Opening statements for the trial are set for Feb. 3.
Written by MiriYam Judd and Wyatt Mullins