“He’s a liar!”–that’s how defense attorney Kevann Gardner characterized the prosecution’s key witness in a murder trial before DC Superior Court Judge Neal Kravitz, on Jan. 22.
Malik Seltzer, 31, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction greater than a year for his alleged involvement in the Sept. 15, 2021 fatal shooting of 37-year-old Paris Odemns. The incident occurred on the 4000 block of 1st Street, SE
Throughout the trial, prosecutors attempted to prove Seltzer’s involvement in the murder by providing surveillance footage, which they claim portrays Seltzer and Odemns together in the moments leading up to Odemns’ fatal shooting. Prosecutors also claimed that Seltzer ran away from the scene after allegedly killing him.
In his closing statement, Gardner claimed that Seltzer was not running away because he had murdered the victim, but “hightailed it out of there so he would not be shot as well.”
“He was terrified because his friend just got shot in front of him,” Gardner insisted.
“The only evidence the [prosecution] brought in four-and-a-half years is some surveillance and a desperate man’s story,” Gardner said.
The desperate man referred to by Gardner was the prosecution’s key witness, an acquaintance of Seltzer. The acquaintance, detained and brought in by US Marshals, is currently held on bank robbery charges in DC, Virginia, and Maryland respectively.
His pending charges and detention under a bench warrant at the time of his initial interviews, undermined the “credibility of the witness,” Gardner argued.
“When he walked into this courtroom and took that stand, reasonable doubt walked in with him,” Gardner said about the acquaintance.
“He believes information equals freedom,” Gardner said, arguing the acquaintance informed law enforcement with the intent to lessen his foreseeable sentence, not because he is a “Good Samaritan.”
During his testimony, the acquaintance “constantly contradicted himself,” Gardner said, who cited the acquaintance’s previous statements with an investigator and a filmed, three-hour long interview with detectives.
In the footage, the acquaintance also accused a mutual friend of Seltzer and himself. “Their only witness is telling you that someone else did it. How is that possible?” Gardner said.
Despite his statements at trial on Jan. 20, claiming he had heard and seen Seltzer mouth the words “I’m gonna bag him,” the acquaintance is recorded saying to detectives “I don’t know what the f**k he said,” and “he ain’t do it, he a flunky.”
“He is making up the story,” Gardner said, “The [prosecution] doesn’t know either.”
According to Gardner the prosecution “had tunnel vision” upon hearing the acquaintance’s testimony.
Gardner criticized the investigation as a whole. “The real people that dropped the ball is the Metropolitan Police Department,” Gardner said, “we as the citizens of the District of Columbia should be concerned.”
“Paris Odemns deserved more,” Gardner said, “Seltzer deserved more than to sit through a murder trial where the [prosecution] only played a few videos.”
When the prosecution was given a chance to respond, they urged the jury to consider the evidence rather than focusing on the defense’s “suggestions.”
“Use your common sense, do not get distracted by lawyers’ arguments,” the prosecution said.
The prosecution acknowledged the acquaintance’s situation, “we’re not saying” the acquaintance “is a saint” but “This man never saw this video” yet “he had his story down to the second.”
“Trust that your [prosecution] was not trying to hide evidence or fool,” pleaded the prosecution of the jury.
Parties are slated to reconvene when the jury reaches a verdict.
