The prosecution objected to a late defense motion to introduce its own expert witness on strangulation before DC Superior Court Judge Neal Kravitz on April 23.
Juan Guerra, 34, is charged with second-degree murder for his alleged involvement in the fatal beating of 32-year-old Peter Miller III on the 900 block of Maine Avenue, SW, on Oct. 6, 2021. Miller succumbed to his injuries on Oct. 11, 2021.
In the last moments of the hearing, the prosecution asked defense attorneys Kevin Mosley and Diana Yu if they intended to bring forward any expert witnesses at trial. Mosley said they may bring forward their own forensic pathologist expert.
The prosecution, visibly upset by the notice, objected. According to the prosecution, the defense’s deadline for expert notice passed two months ago, Feb. 23, and it would be inappropriate to file so near to the trial date, May 26.
Mosley responded, stating they intend to call the forensic pathologist if the prosecution goes through with calling a strangulation expert witness. The defense filed a motion against the use of the strangulation expert on March 25, claiming that he is not qualified enough to give an expert testimony.
Additionally, Yu argued the strangulation expert’s opinion contradicts the autopsy report. The report stated Miller’s cause of death was asphyxiation and blunt force trauma to his head and neck.
Yu said that if prosecutors had the strangulation expert testify that they would be, “taking two bites of the same apple,” because the medical examiner and the strangulation expert would be referencing the same cause of death.
The prosecutor argued the testimony was important as the defense theory is reportedly based on the cause of death.
The strangulation expert, according to the prosecution, performed thousands of autopsies as an assistant. His report and testimony would serve to inform the jury of the specifics of strangulation, adding to the autopsy report not contradicting it.
The parties agreed to having the strangulation expert appear at a motion hearing May 11 to decide whether he can be a witness at trial.
