D.C. Superior Court Judge Neal Kravitz heard testimony from the prosecution about lost DNA evidence in a shooting case involving two suspects on Feb. 13.
Eric Latney, 29, and James Crossland, 29, are both being charged with one count of assault with intent to kill, two counts of possession of a firearm during a crime of violence, one count of assault with a dangerous weapon, and one count of conspiracy to commit a violent crime. All charges stem from their alleged involvement in a drive-by shooting that occurred on the 200 block of 56th Street, NE and the 5600 block of Blaine Street, NE on July 8, 2021.
Crossland’s defense attorney, Hannah Claudio, said the prosecution had lost evidence of Crossland’s DNA. Claudio asked for the DNA to be sent over so that the defense can conduct their own testing.
The prosecution responded that the DNA evidence was returned to the office after testing and delivered to the third floor. The evidence was then left by a previous prosecutor who was away at the time and has not returned.
Judge Kravitz asked the defense what they wished to do at this time, due to the DNA evidence being lost.
Claudio responded with the intent to file a motion of dismissal on grounds of failure to preserve evidence by the prosecution. Nikki Lotze, Latney’s defense attorney, responded similarly, with the intent to file a motion in their case due to loss of evidence. Lotze intended to use Crossland’s DNA as evidence in their case.
Judge Kravitz asked the prosecution to clarify how the evidence got lost.
The prosecutors stated they have searched the entire third floor and all designated offices, but the DNA remains missing. Despite being unable to find the evidence, the prosecution insisted the DNA is somewhere on the third floor.
Lotze, also filed a motion to sever his case from Crossland. The defense attorney said she would call Crossland as a witness.
Judge Kravitz responded to the motion by clarifying he will need to examine the scope of Crossland’s testimony before deciding on the motion.
Judge Kravitz set up briefing dates for motions to be filed in the case. Defense must file motions by March 20, and the prosecution has until April 17 to respond.
Parties are scheduled to reconvene for an update on May 1.
