DC Superior Court Judge Neal Kravitz pressed prosecutors about a late disclosure involving a police witness during a motions hearing in a homicide case on March 12.
Jaime Macedo, 24, is charged with first-degree murder – felony murder while armed, attempt to commit robbery while armed, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for his alleged involvement in the fatal shooting of 25-year-old Maxwell Emerson. The incident occurred on the 600 block of Alumni Lane, NE on July 5, 2023.
According to court documents, after the suspect followed Emerson for some time, a struggle ensued, and the suspect shot Emerson in the abdomen.
At the hearing, defense attorneys Rachel Cicurel and Jessica Willis raised concerns about a recently disclosed issue involving a Metropolitan Police Department (MPD) officer who had previously been identified as a potential witness. According to the defense, the officer had been the subject of a sustained internal investigation related to allegations that he starved and killed his dog and later lied to an animal rights investigator.
Cicurel said the investigation by an officer from an animal rights organization reported the witness had been found untruthful in March 2023.
Judge Kravitz questioned prosecutors about when the information became known.
Prosecutors stated that the issue only came to light recently after further inquiries into the officer’s background. They said earlier internal checks did not reveal the issue because records from the officer’s time as a police cadet were not included in the system that had initially been reviewed. Prosecutors also stated that they do not intend to call the officer as a witness at trial, although it’s unclear why.
Willis argued the late disclosure raised serious concerns about how evidence had been handled in the case and asked the court to release Macedo pending trial so the defense could investigate further.
“It’s a set of missteps, lack of judgment, competence, and perhaps bad faith,” Willis said, referring to the handling of evidence in the case. She argued that the situation was “egregious and unfair to Mr. Macedo.”
Willis asked the Judge to release Macedo on 24-hour home confinement with GPS monitoring, stating that he had no history of violent crimes prior to this case.
Judge Kravitz did not rule on the request and indicated the issue may require further filings from the parties.
The judge also addressed disputes over whether prosecutors may introduce several recorded jail calls involving Macedo.
Prosecutors sought to introduce a July 2023 call between Macedo and his girlfriend in which they allegedly discussed an AirPod and a ski mask recovered from the scene of the shooting. Defense attorneys argued the recording would reveal that Macedo was incarcerated and risk prejudicing the jury.
Judge Kravitz said the call appeared “unquestionably relevant,” but said the issue could depend on the defense’s theory of the case. He noted the concern might be reduced if the parties agreed to stipulate that the items were recovered at the scene of what the prosecution says is an armed robbery.
Parties also debated an Aug. 1, 2023 phone call between Macedo and his brother in which they discussed the case and potential plea negotiations. Prosecutors argued the conversation demonstrated consciousness of guilt.
During the call, Macedo reportedly told his brother that “if it goes to trial I’m gonna be f*****, I seen the camera footage”.
Prosecutors argued the statement showed Macedo was aware of the strength of the evidence against him and undermined a potential self-defense claim.
Willis countered that the call showed Macedo talking through the case with his brother and repeating legal advice imperfectly, arguing the prosecution was plucking isolated statements from a broader conversation about his fear of trial and prison.
Judge Kravitz expressed skepticism about the prosecution’s argument, stating that linking the call to a claim of self-defense was far-fetched. He ruled that the recording would not be admitted during the prosecution’s case-in-chief but said the issue could be revisited during trial.
The court also discussed text messages Macedo allegedly sent from a tablet in the DC Jail, including messages asking others to add money to his commissary account and referring to the nickname “JR.” Prosecutors argued the messages could help corroborate testimony identifying Macedo by that nickname.
Willis and Cicurel argued the messages could unfairly portray Macedo as desperate for money and asked the court to defer ruling on whether the texts could be shown to the jury. Judge Kravitz indicated the issue may be revisited during trial depending on how identification evidence is presented.
Judge Kravitz also noted that scheduling issues and unresolved pretrial disputes could affect the timing of the trial.
Parties are slated to reconvene on March 18.
