Prosecutors asked DC Superior Court Judge Todd Edelman to remove the Public Defender Service (PDS) from a homicide case after they asked to reschedule the trial again on March 20.
Joshua Franklin, 40, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior crime of violence. These charges stem from Franklin’s alleged involvement in the fatal shooting of 27-year-old Andrew Session on Jan. 21, 2021 on the 4400 block of 3rd Street, SE. Session sustained 12 gunshot wounds.
All charges carry an aggravating factor for crimes allegedly committed during Franklin’s release for a prior offense.
According to Judge Edelman, he received a letter from Franklin in early March that expressed his desire for a delay in the trial, to obtain new counsel, and that he did not wish to engage in plea negotiations.
Judge Edelman talked with Terrance Austin and Emma Mlyniec, Franklin’s attorneys, along with Dominique Winters, a representative from PDS about the letter and Franklin’s current position.
According to Winters, Franklin did not receive proper advice from his previous attorneys leading to multiple delays in the trial. In court, Austin asked to delay the trial for more time to advise Franklin about the case.
The prosecution noted that Judge Edelman denied the defense request to delay the trial at a hearing on Feb. 12 and they argued his ruling should stand. PDS has been on the case for the last three years, the prosecution stated, and should have had their investigation done by now.
Prosecutors also raised concerns with Franklin’s letter asking for new counsel and lack of interest in a plea deal. According to prosecutors, Franklin’s letter was written before plea negotiations started between parties in early March.
According to the prosecutor, they offered Franklin a deal that would require him to plead guilty to second-degree murder while armed. As part of the agreement, parties would agree to a sentence between 16-to-24 years or 17-to-23 years, subject to the judge’s approval at sentencing. The prosecutor withdrew the plea offer at the end of the hearing.
After a discussion under seal, Judge Edelman stated that Franklin no longer wanted new counsel and withdrew his request.
The prosecution asked that Judge Edelman either make Austin and Mylneic proceed with the scheduled trial in April or that Judge Edelman take PDS and the current counsels off the case. The recommendation from prosecutors was that PDS should be replaced by a Criminal Justice Act (CJA) panel attorney, who cannot readily drop the case.
Judge Edelman inquired whether Winters could assure him that PDS and Austin and Mylniec would remain on the case for the trial in a couple of months.
Winters responded that she could not ensure that Austin and Mylneic would still be with PDS in a couple of months, but she assigned them to the case due to their flexible trial schedules.
Despite the prosecutor’s objection, Judge Edelman vacated the trial date in April, converting it to a status hearing to determine where Austin and Mylneic stand in the defense investigation and counseling of Franklin. In addition, at that hearing, parties will discuss the more than 20 outstanding motions in the case, Judge Edelman said.
The next hearing is set for April 10.
