3 Murder Defendants Waive Right to Test DNA

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Three homicide defendants waived their rights to independent DNA testing on July 24.

Co-defendants Marcus Martin, Marc Butler and William Cunningham are charged with felony murder while armed, assault with intent to kill, conspiracy, attempted robbery and firearms offenses, for their alleged roles in the shooting death of 19-year-old Derryk Johnson on the 600 block of N Street, NW in 2016. It is believed they murdered Johnson during a robbery.

Martin’s defense attorney, Dana Page, also filed a motion for reconsideration and modification of detention.

Page told the judge last August that her client had been held in solitary confinement since he has been at DC Jail. It is unclear if the issue was ever resolved.

DC Superior Court Judge Craig Iscoe suspended judgement on the motion and gave the prosecution until Aug. 5 to respond.

Butler’s attorney, Dorsey Jones, told Judge Iscoe that his client has been detained since 2016. Jones said it is not constitutional for him to be held until his trial in 2020. As of July 24, Butler and his two co-defendants are being held without bail.

The defense requested all remaining evidence and Grand Jury testimony. The prosecution said they could not turn over the material until a protective order is filed.

Another status hearing for the co-defendants is scheduled on Nov. 22. A trial is set to begin on March 2, 2020.