DC Superior Court Judge Rainey Brandt admonished a defense attorney for claiming prosecutors were lying about evidence on Oct. 6.
David Pena, 48, is charged with second-degree murder while armed, assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm for his alleged involvement in the fatal shooting of 24-year-old Maurice Robinson. The incident occurred on the 2900 block of Southern Avenue, SE on June 12, 2023.
During the hearing, the prosecution and defense made arguments regarding body-worn camera footage. Dana Page, Pena’s attorney, requested body-worn camera footage that allegedly links an act of arson to the shooting. Page claimed that officers in the footage stated that the arson was in retaliation for the shooting two days prior.
The prosecution argued that associating the arson and shooting is not evidence of anything and is common.
Page claimed that the assertion that the only other evidence in this case is testimony made by a witness to a grand jury is a lie. The prosecution objected to that characterization.
Judge Brandt stated that the claim was “uncivil” and made it clear that the claim would not be tolerated. She insisted that it is not the job of the prosecution to decide what is helpful to the defense and it is not the defense’s responsibility to disclose what is helpful to them.
Prosecutors also took issue with the defense’s expert witness specializing in trauma. They stated that the type of testimony is not well established nor do they understand its content.
Page stated that the prosecution is aware the testimony’s content and that there is case law supporting it.
Judge Brandt noted that the scheduled trial date appears to be at risk as this is a complicated matter and the government shutdown is impacting the prosecution’s ability to obtain their own expert witness.
In response to the Page’s request for audit logs pertaining to body-worn camera footage as well as the body-worn camera footage itself, Judge Brandt ordered that they be turned over to the defense. She stated that the defense is not asking for anything unreasonable and it does not matter how the prosecution views evidence, what matters is whether or not the defense is entitled to it.
Parties are slated to reconvene on Oct. 10.
