DC Superior Court Judge Andrea Hertzfeld told parties she’d consider a carjacking co-defendant’s request to sever his case from the rest on Oct. 16.
Jason Benitez-Umanzor, 25, and Orlin Lemus-Cruz, 21, are charged with armed carjacking, possession of a firearm during crime of violence or dangerous offense, robbery while armed, assault with a dangerous weapon, unlawful possession of a firearm with a prior conviction.
These charges stem from their alleged involvement in an armed carjacking and assault of a victim on the 3100 Block of Hiatt Place, NW on March 26.
According to Metropolitan Police Department (MPD) documents, there is a warrant out for 21-year-old Julio Villafranco for his alleged involvement in the incident.
Defense attorney Quiana Harris, representing Lemus-Cruz, filed the motion to sever her client in order to have a fairer trial to all defendants by preventing the jury from being prejudiced toward any of the defendants.
According to Harris, the video used to identify the defendants is incredibly blurry, and the only witness identification of the defendants was of “three young Hispanic males”. According to her, neither ethnicity nor race could be made out based on the video alone.
Harris also claimed that the prosecution only has desperate evidence. In the same video an individual was identified as Lemus-Cruz, only for that same individual to be later identified as Benitez-Umanzor.
Harris stated that her client was “guilty by association”. There was so much evidence against Benitez-Umanzor that it was spilling over to Lemus-Cruz.
The prosecution argued that the video surveillance was not the only identification of Lemus-Cruz. He was allegedly identified in a photo array and was arrested wearing the victim’s jacket.
Defense attorney Claudine Harrison, representing Benitez-Umanzor, gave an additional set of reasons why the severance was warranted.
She argued that there is exculpatory information that could be used in Benitez-Umanzor’s trial. In a trial where the defendants are severed, she would call Lemus-Cruz to testify on behalf of Benitez-Umanzor.
Additionally, she stated that 45 days was not enough time for her to be prepared for trial. Lemus-Cruz and his counsel are prepared to go to trial on Oct. 29.
The prosecuting attorney argued that it is “premature” for defense counsel to claim that 45 days was not enough time to prepare for trial. He added that if it got close to the trial date and that was still the Harrison’s position, parties could reevaluate then.
Judge Hertzfeld is slated to rule on the severance on Oct. 17.
