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By
Caitlin Blackman [former]
, Hayden Clark [former] - June 14, 2024
Uncategorized
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A homicide defendant’s lawyer informed DC Superior Court Judge Rainey Brandt he will file a motion for a speedy trial, as both parties struggle to agree on a date for the proceeding.
Admonishing both parties in a June 13 hearing, the judge said “This is not a slam dunk case.”
Emerita Garcia, 45, is charged with second-degree murder for her alleged involvement in assisting her son in the fatal shooting of Larry Thomas, 27, on Aug. 24, 2023, on the 3600 block of 16th Street, NW.
Garcia is also facing deportation charges filed by the Immigration and Customs Enforcement (ICE) agency in Georgia.
Judge Brandt told the parties “I was hot yesterday” as she informed them of what she termed an inappropriate letter she received from defense attorney Jason Tulley.
Judge Brandt hinted that the letter was political and pertained to Garcia’s deportation issue with ICE.
That letter, “should never cross into the judicial branch… and should never be politicized,” Judge Brandt added.
Judge Brandt also pushed for the parties to establish a trial date, stating that it was a disservice to both the victim’s family and Garcia to delay.
The prosecution requested the trial start January 2025 due the time required for DNA test results.
Tulley entered a motion against the prosecution’s consumption of DNA evidence, arguing it is excessive and limits the defense.
Tulley and Judge Brandt both asked the prosecution to see if expedited testing was possible and stated their desire to set a trial for September or October 2024.
The court will reconvene on June 18 to discuss the possibility of expedited testing and to set a trial date.