A murder defendant’s attorney criticized the prosecution’s handling of the evidence, heightening the risk of contamination, but DC Superior Court Judge Michael Ryan was skeptical of the claim in a hearing on March 13.
Andre Chillous, 19, is charged with first-degree premeditated murder while armed, assault with intent to kill while armed, two counts of possession of a firearm during a 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 14-year-old David Bailey at the Lamond Recreational Center on the unit block of Tuckerman Street, NE, on Aug. 1, 2024. Another juvenile victim sustained injuries from the shooting but survived.
Chillous, who was 17 at the time of the incident, is charged as an adult under Title 16, which allows juveniles to be tried as adults for serious offenses.
During the hearing, the prosecution alerted the court that the evidence tested by U.S. Attorney’s Office (USAO) likely contained no DNA connecting Chillous directly to the murder.
Madalyn Harvey, Chillous’ attorney, stated she still needs to view the evidence. Based on her experience in an unrelated case, presided over by the same prosecutor, Harvey accused the Metropolitan Police Department (MPD) and USAO of improperly handling evidence during viewings increasing the risk of contamination.
Harvey said in the other case, the prosecutor kept the evidence in paper bags which require “x-ray vision” to view the contents. She wanted to see what was in the bags without police and prosecutors present.
“[The defense] doesn’t get to choose how they get to view the evidence,” the prosecutor said.
The prosecution told the court the issue Harvey raised about the other case was resolved once she waived her client’s right to contamination. Harvey was then allowed to open the bags.
Judge Ryan said he didn’t see an issue but told the parties to return with more definitive information.
Parties are slated to reconvene May 15.
