Judge Allows Prosecutor to Use Defendant’s Texts, Videos in Trial

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DC Superior Court Judge Neal Kravitz granted in part a prosecutor’s motion to introduce text and video evidence in a fatal shooting trial, during a hearing on Jan. 14.

Ernest Cleveland, 31, is charged with first-degree murder while armed, three counts of possession of a firearm during a crime of violence, assault with intent to kill while armed, aggravated assault knowingly while armed, and unlawful possession of a firearm for his alleged involvement in the fatal shooting of 39-year-old Edward Pearson on Nov. 26, 2020. The incident occurred on the 2900 block of Connecticut Avenue, NW.

During the hearing, parties discussed a motion filed by the prosecution to introduce evidence pertaining to the defendant’s reputed involvement with certain drugs and firearms. Evidence of Cleveland’s alleged possession of ecstasy at the scene was deemed inadmissible by Judge Kravitz on irrelevance grounds.

The prosecution also brought up the relationships between other individuals who were allegedly present during the shooting, and their potential drug use that would come out were they to be questioned. Judge Kravitz granted permission for the individuals to testify regarding their relationships with Cleveland and Pearson, specifically, “where they got together, what they did, what they talked about.”

No testimony was allowed pertaining to a gun found at the scene, as it doesn’t match the gun used in the murder.

Judge Kravitz ruled any text based evidence from Cleveland’s phone would be admissible as long as it doesn’t contain information that’s unfairly prejudicial. Text based evidence regarding drug deals with outside parties would be considered hearsay, and therefore inadmissible unless something changes within the case. Texts about types of guns would need a firearm expert to be brought in to discuss the evidence.

The prosecution also introduced three videos to the court that contained corroborating evidence of Cleveland’s possession and prior use of the murder weapon. Two out of the three videos were admitted as they purport to show the defendant’s possession of the weapon, display the weapons physical descriptions, and are temporally relevant. The third video excluded based on poor technical quality.

Parties are slated to reconvene Jan. 15.