DC Superior Court Judge Jason Park denied release for a homicide defendant during a hearing on June 18.
Keith Williams, 25, is charged with first-degree murder premeditated while armed and possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 17-year-old Brendan Ofori on May 28, 2023, at the Waterfront Metro Station on the 300 block of M Street, SW.
Williams’ defense attorneys, Sylvia Smith and Erica Arensman, argued that Williams should be released because the prosecution failed to disclose evidence that could prove Williams’ innocence. Under the so-call Brady rule a violation occurs when the prosecution fails to disclose exculpatory evidence or information to the defense, violating their right to due process. Smith claimed the prosecution misrepresented an eyewitness’ credibility by not disclosing the witness’ criminal, mental health, and substance abuse history.
Smith alleged that the prosecution disclosed the witness’ history a couple of days before the trial and if they had received the information earlier, they could have conducted their own investigation into the witness. Smith added that the failure to disclose this information earlier prejudiced the case against Williams.
Furthermore, Smith and Arensman argued the prosecution was being “problematic” and “burying its head in the sand” when forced to confront these issues. Smith asked the court to dismiss the case and release Williams based on the non-disclosure.
“Williams has lost valuable time he will never get back,” said Smith, and added that Williams recently lost his mother while he was incarcerated.
The prosecution disputed any misrepresentation, emphasized the seriousness of the crime, and opposed Williams’ release. Prosecutors also pointed out that having a criminal history does not necessarily indicate an individual has mental health and substance abuse problems.
Judge Park agreed that the prosecution had an obligation to disclose the witness’ criminal history sooner, but did not think their criminal background, as well as past mental health and substance abuse struggles, significantly altered the case.
Judge Park denied Williams’ request for release.
Parties are slated to reconvene on June 20.
