DC Superior Court Judge Michael Ryan determined that the prosecution’s alleged failure to share evidence with the defense would further delay a trial for a 2019 homicide at a hearing on Aug. 14.
Terrance Barnes, 36, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 57-year-old Barry Holmes that occurred on April 17, 2019, on the 5100 block of Southern Avenue, SE. Holmes sustained one gunshot wound to his chest that caused damage to his heart, stomach, bowel, and spleen.
Barnes’ trial was set to begin on Aug. 17, but Judge Ryan delayed jury selection to have the lead Metropolitan Police Department (MPD) detective in the case and the former prosecutor testify about the evidence. The current prosecutor voiced his intention to file a written opposition over the weekend to his colleague testifying.
The case was originally scheduled for trial in May 2023. However, it was delayed multiple times due to a series of motions filed by both parties and debates about evidence.
The material in question at the hearing was a 17-page single-spaced investigative report from a private firm hired by Holmes’ employer for workplace compensation and insurance purposes.
Because of the report, the defense filed a motion to dismiss the case on Aug. 7. Nathaniel Mensah, Barnes’ defense attorney, alleged that the prosecution violated Brady v. Maryland (1963) and the Fifth Amendment’s Due Process Clause.
According to Mensah’s motion, the report detailed crucial information in the case, including “prior altercations involving [Holmes], previously undisclosed witnesses with information bearing on potential alternative suspects, and information that another witness had lied to law enforcement.”
“It looks exactly like a defense attorney’s dream report,” Judge Ryan said in court.
Mensah said the prosecution failed to disclose the document until July 30, 18 days before the scheduled trial.
Judge Ryan determined that late disclosure was a Brady violation. In Brady, the Supreme Court determined that under the Fifth Amendment, the prosecution is obligated to turn over any exculpatory evidence that may prove the defendant’s innocence to the defense.
Judge Ryan criticized the prosecution for refusing to admit that this was a Brady violation. “This is a bad situation for the [prosecution],” he said. “You don’t want me to find bad faith, but you’re not helping the matter by not saying that the thing is what it obviously is.”
Mensah contended that the late disclosure didn’t give the defense enough time to properly review it and reach out to the witnesses before the trial.
The parties debated when the prosecution discovered the report, which was completed on July 3, 2019. According to the prosecution, the report was shared with the former prosecutor by the lead MPD detective on the case, who received it from the private firm on Sept. 21, 2020.
The former prosecutor never followed up with MPD about the report or its contents, according to the current prosecutor. Mensah said the former prosecutor recently testified in another case about a similar issue. When Barnes’ case neared trial previously, that prosecutor also faced allegations of not disclosing grand jury testimony, Mensah added.
The current prosecutor repeatedly contended that he found out about the report on July 30 and promptly shared it with the defense. However, Mensah pointed out that the document had a note with the prosecutor’s name dated June 18, indicating he downloaded it then.
Mensah agreed with Judge Ryan, asserting that the court needed to hear the testimony of the lead MPD detective and former prosecutor.
“The gravity of the failure in this instance is hard for me to gauge right now,” Judge Ryan said. “This is a colossal mess.”
There are several other pending motions in the case that have yet to to be considered.
“I was so happy to pick a jury and get back into trial,” Judge Ryan said. “This isn’t happening anytime soon.”
Parties are set to reconvene on Aug. 17.
