DC Superior Court Judge Jason Park sharply criticized a DNA evidence investigator for repeated delays in producing a key case report for a homicide case on Oct. 31, saying the failure to meet deadlines has hindered the defense and prosecution.
Joshua Allen, 35, is charged with first-degree murder premeditated while armed, aggravated assault knowingly while armed, assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior crime of violence, and carrying a pistol without a license outside a home or business. The charges stem from his alleged involvement in the fatal shooting of Delonte Johnson, 28, and non-life-threatening injuries to another person on June 11, 2021 on the 4600 block of Hillside Road, SE.
Prosecution reported they had still not received the case report from a DNA evidence investigator, prompting defense attorneys Sara Kopeki and Janai Reed to confirm that their team also had not received the report in spite of multiple attempts.
The defense attorneys told the court they believe the investigator may still be collecting or testing DNA evidence.
Judge Park noted this was the second missed deadline for the report, saying it had been “blown by again.” He acknowledged that both sides appeared equally frustrated in that Allen may take a plea rather than opt for a trial.
The prosecution said it was unclear whether certain items were being tested a second time or if evidence remained untested.
Judge Park criticized the DNA analyst’s handling of the case, saying the investigator was “creating enormous problems” and “using court funds improperly.” “I am done,” Park said, expressing frustration over the repeated delays.
The prosecution said they could not waive further testing until they received complete information from the defense but emphasized that the prosecution “wants to go to trial either way.”
Judge Park said he was not opposed to issuing another voucher for a new investigator but suggested he might contact the investigator personally. The defense agreed to make another attempt to get in touch before the next hearing.
Allen asked to be moved into protective custody, citing poor jail conditions. Judge Park said he was “painfully aware” of the issues within the jail but denied the request, explaining that such transfers are extremely difficult to grant on short notice.
The parties are slated to reconvene on Nov. 7.
