Judge Won’t Exclude Medical Examiner’s Testimony in Murder Trial

By Cathy Ochoa - November 5, 2024
Daily Stories | Homicides | Shooting | Suspects | Victims |

DC Superior Court Judge Maribeth Raffinan denied a defendant’s request to exclude, or limit, the medical examiner’s testimony during trial in a Nov. 1 hearing.

Rafeal Stevens, 39, is charged with first-degree premeditated murder, first-degree premeditated murder while armed, two counts of assault with a dangerous weapon, five counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict for his alleged involvement in the shooting death of Aniekobo Umoh, 50, on Dec. 29, 2022, on the 2700 block of 7th Street, NE.

During the hearing, defense attorney Jason Tulley, explained a motion filed to exclude the testimony of the doctor that performed the autopsy for Umoh based on an alleged violation o Rule 16, requiring the prosecution to provide relevant evidence relevant to the defense. In this case, the report was said to be filed late and incomplete. 

Meanwhile, body-worn camera footage shows a person identified as the victim stumbling and then collapsing. The prosecutor said the expert’s testimony will explain why this occurred and how it is related to the shooting, but not the cause of death. 

Tulley argued the material is prejudicial and will wrongfully influence jury. Tulley further argued that the victim’s head injuries are not relevant because they were not the cause of death and no photos were taken to document the extent of the injuries. 

The prosecution countered that initial report was filed on time and the amendment was filed after the new findings developed, referencing the head injuries.

Tulley argued the prosecution should have provided a “complete” report and not be able to submit documents whenever they want. 

Judge Raffinan denied the motion stating the filing was not a rule 16 violation, and that sufficient notice by the prosecution was provided in that it contained the initial testimony about the autopsy and later added information as it came up. 

Tulley also filed a motion to compel against a detective involved in the case. The motion would require that prosecution ask the detective if Umoh had been involved in drug transactions between 2021 and 2022. Judge Raffinan denied this motion. 

The trial is scheduled to begin Nov. 4.