Murder Retrial May Hinge on Recanted Testimony of a Confession

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Parties began closing arguments in connection to a 2015 homicide case being retried before DC Superior Court Judge Marisa Demeo on Oct. 22. The outcome could depend on the credibility of recanted testimony.

Eugene Burns, 32, is charged with first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence for his alleged involvement in the Nov. 14, 2015, fatal shooting of 24-year-old Onyekachi Emmanuel Osuchukwu III on the 2900 block of Second Street, SE.

Burns was convicted of these charges in 2017, but the DC Court of Appeals overturned the verdict in 2020 on a technicality.

Burns and Tyre Allen, 24, are also charged with conspiracy, obstructing justice by influencing or delaying a witness or officer, and obstruction of justice for their alleged attempts to persuade a witness—Allen’s brother who is also Burns’ cousin—to redact testimony of an alleged confession to the murder made by Burns to the witness.

During closing arguments, the prosecution stated that Burns planned the murder of Osuchukwu, his best friend, because he felt he wasn’t getting his fair share of the money from their joint drug business. They added that after his conviction in 2017, Burns conspired with Allen to coerce the primary witness, identified as Burns’ cousin and Allen’s brother, to change his testimony.

The prosecutor reviewed exhibits including text messages Burns sent, calls he placed while in prison, and Google searches including, “Are you capable of killing your best friend?”

According to the prosecution the answer was, “yes,” and that Burns did just that.

Defense attorney Rosemary Szanyi, representing Burns, said that the timeline of the prosecution’s argument doesn’t make any sense. Szanyi showed cell tower records that located Burns’ phone in the general area of a bus stop that was 20 minutes walking distance, eight minutes after the murder.

Szanyi also said that there was unidentified DNA evidence under the fingernails of Osuchukwu, and Burns was shown not to be a likely match.

“The physical evidence [the prosecution] collected points away from Burns,” said Szanyi.

She stated that none of these inconsistencies was investigated by the prosecution.

Burns’ attorney also reviewed the testimony of Burns’ cousin’s ex-girlfriend. Szanyi highlighted that the ex-girlfriend testified she overheard Burns’ cousin say “I’m going to get [Burns] locked up.”

The main argument for both the prosecution and the defense hinges on the testimony of their primary witness, the witness who recanted testimony of Burns’ confession. The prosecution argued that the witness had no reason or motive to lie about Burns confessing to the murder, while the defense argues that there are discrepancies throughout the witness’ actions.

The defense argued that the witness made up Burns’ confession for the reward money offered by the police department, and that the recantation was purely on his own.

“All Eugene wanted was for [the witness] to tell the truth,” said Szanyi. “Wanting someone to tell the truth isn’t an obstruction of justice.”

Due to time constraints, Allen’s attorney, Brandon Burrell, will deliver his closing arguments at the next hearing.

The parties are slated to reconvene Oct. 23.