The defense in a murder case alerted DC Superior Court Judge Michael Ryan a “trove of surveillance” evidence was “disturbingly” turned over just two weeks prior to the trial on March 13.
James Lewis, 48, is charged with felony murder while armed, possession of a prohibited weapon, and three counts of contempt. The charges stem from his alleged involvement in the fatal stabbing of 30-year-old Brenea Franklin at the 1100 block of Bellevue Street, SE on Jan. 30, 2021. Franklin sustained a laceration to her neck.
Mani Golzari, Lewis’ attorney, said the prosecution recently turned over 80 hours of surveillance footage just two weeks before the start of the trial, putting the defense at an unfair advantage.
“There was a trove of surveillance that we didn’t know about,” Golzari said.
The evidence reportedly contained footage of the hours before and after the incident. A camera angle allegedly capturing Franklin walking into a liquor store, which Golzari described as vital to the investigation.
Previously, the defense requested the prosecution ensure they had provided all existing evidence. The prosecution confirmed they provided everything at the time, according to Golzari.
Golzari filed a motion to address the recent surveillance turnover and possible problems that could hinder the defense, because the material came in so late.
Immediately after, the prosecution reportedly revoked a plea agreement which Golzari claimed he did not have a chance to review with Lewis.
The prosecutor said the plea deal would have required Lewis to plead guilty to second-degree murder while armed and they would dismiss the remaining charges. They also would request a sentence in the bottom half of the guidelines.
Golzari characterized the sudden surveillance reveal and plea revocation as “disturbing.”
“I will not insult anyone’s intelligence in this courtroom,” Golzari stated, frustrated by his belief that the prosecution did not adequately resolve the apparent disadvantage placed on the defense. “I have now spent days trying to figure out what other evidence is lurking.”
Golzari asked, “Is there any other surveillance video the [prosecution] has that has not been turned over to the defense?”
The prosecution said they do not believe it is appropriate to “go tit-for-tat” with questions, then asked “has the defense ever watched [the footage]?”
According to the prosecution, they had sent only 10 additional hours of film and revoked the plea because the agreement was contingent that the defense would not file any further motions.
Judge Ryan ordered the parties to file motions articulating their positions to settle the dispute.
Parties are slated to reconvene March 19.
