DC Superior Court Judge Jason Park granted the defense’s request for independent DNA testing, but amended that all secondary evidence tested must be returned to the prosecution during a hearing on Feb. 28.
Samuel Mack, 57, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside his home or business, for his alleged involvement in the fatal shooting of 35-year-old Erica Ward. The shooting occurred in an apartment on the 4700 block of Benning Road, SE, on Dec. 30, 2020.
During the hearing, attorney Joseph Yarbough alerted Judge Park that Mack asserted his right to independently test DNA evidence.
The prosecution requested that all secondary evidence, including reagent blanks—used to test for contamination— be turned over to them after the defense finished testing. The prosecution asserted they would also want to test these materials on their own and get their own results.
Judge Park agreed and granted the defense’s motion to test with this amendment.
Parties are slated to reconvene on Sept. 12.
