DC Superior Court Judge Neal Kravitz delayed his ruling on motions for a homicide defendant after a defense request over claims police destroyed evidence in a hearing on March 20.
Jaime Macedo, 24, is charged with first-degree 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.
At the motions hearing, parties argued over defense counsel’s motion to dismiss the case for the prosecution’s allegedl destruction of evidence which was filed on Feb. 21.
Jessica Willis and Rachel Cicurel, Macedo’s attorneys, claimed that the destruction of the body-worn camera footage and physical evidence at the crime scene by the Metropolitan Police Department (MPD) is a violation of Macedo’s constitutional protection to due process.
Prosecutors argued that they did not know about the MPD’s destruction of the evidence until after it occurred and noted the defense did not raise the issue until recently.
Parties then discussed proposed sanctions the defense sent to prosecutors the night prior that would prevent the prosecutors from calling certain witnesses and presenting disputed evidence.
Willis and Cicurel want Judge Kravitz to prohibit prosecutors from using calls and messages from Macedo at the DC Jail. They argued if the destroyed evidence was provided to them, Macedo could have been on release, and forced to use jail phones.
Another proposed defense sanction would prohibit the prosecution from calling police officers that investigated the scene because of their interactions with the lead detective who faces misconduct allegations.
Prosecutors told Judge Kravitz that their most important evidence does not rely on the defense requests, so the sanctions would have little to no effect on them.
Judge Kravitz planned to rule on the motions after the weekend so he has ample time to go over the material.
Parties are slated to reconvene on March 23 for jury selection.
