A murder defendant’s attorney didn’t want the jury to see controversial music videos in a trial before DC Superior Court Judge Rainey Brandt on Sept. 24, contending that the evidence is prejudicial to her client.
Reginald Steele, 26, is charged with conspiracy, first-degree murder, ten counts of assault with intent to kill while armed, assault with a dangerous weapon, 11 counts of possession of a firearm during a crime of violence, four counts of carrying a pistol without a license, five counts of possession of an unregistered firearm, and two counts of tampering with physical evidence.
These charges stem from Steele’s alleged involvement in four separate shootings, including the murder of 13-year-old Malachi Lukes and injury of another juvenile on March 1, 2020 on the 600 block of S Street, NW. Steele is accused of a separate shooting the same day on the unit block of Channing Street, NE. There were no reported injuries.
The other incidents include a non-fatal shooting that injured two individuals on Feb. 22, 2020 on the 700 block of Farragut Street, NW, and a non-fatal shooting that injured three on Feb. 24, 2020 on the 1700 block of 9th Street, NW.
According to court documents, Steele and his co-defendants killed Lukes to retaliate against the fatal shooting of fellow “3500” crew member Tahlil Byrd.
Defense attorney Megan Allburn said one particular music video the prosecution wanted to show the jury is “completely” inadmissible, arguing prosecutors would unjustly interpret and use the lyrics to advance their argument.
Allburn maintained that Steele neither produced the music video nor appeared in it, and the prosecution was attempting to raise a complicated issue beyond the scope of the proceeding. Allburn said the prosecution is operating on a “larger than life conspiracy.”
Meanwhile, prosecutors contended that the evidence is relevant to the trial, because one witness testified he was unaware of the rivalry between the 3500 and the “9th Street” neighborhood crews. They argued he must be aware of the conflict because he appears in the video.
The prosecution asserted the clip conveys how upset the defendants were with Byrd’s killers because there was a reference to Byrd “at every turn.”
“This man was larger than life,” the prosecution said.
Prosecutors said their goal is for the witness to concede he is aware of the rivalry and admit who is involved. They clarified they do not only aim to discredit his testimony but prompt him to admit what he knows.
Judge Brandt denied the defense’s objection. She maintained that presenting the video and hearing the witness’ response will help determine how relevant it is to the case. She also said the defense line of argument demonstrates they not want to be left with problems that may arise from the witness’ additional testimony.
The prosecution argued another music video is relevant to the case because Byrd raps about how he was known as “NW Goon.”
Meanwhile, Allburn argued that the clip should be muted until Byrd utters “NW Goon” because everything else is irrelevant and incredibly prejudicial to “a man sitting here [in a] white shirt and black tie.”
Prosecutors maintained it is relevant and non-prejudicial, so they should be allowed to present their position regardless of the defense’s desires.
Judge Brandt agreed to the defense’s request that they can comment to the jury after the clip plays, and the prosecution did not object.
Further, the prosecution sought to include another music video because it features a witness and relevant locations, prompting Allburn to ask the judge to give the jury limiting instructions.
Judge Brandt agreed to instruct the jury but would not isolate pieces of evidence because the jurors are the “fact-finders,” not her. She said she should tell them what to disregard from the video, not which conclusions to draw from it.
Parties are slated to reconvene Sept. 25.
