Defense Claims Protective Order is Too Restricting

By D.C. Witness Staff - June 21, 2019
Court | Daily Stories | Homicides | Suspects |

A murder defendant’s attorney objected June 21 to terms put in place for his client’s protective order, which he said hindered his ability to adequately utilize evidence.

Elhadi Babacar Ndiaye, 20, is charged with first-degree murder while armed for allegedly shooting 21-year-old Travis Deyvon Ruth. The shooting occurred on the 2700 block of Jasper Street, SE on Jan. 18.

Ndiaye’s attorney, Blase Kearney, said 20-25 percent of the statement made by Detective Wilson was redacted from a document provided by the prosecution. Kearney argued that it looked as though key pieces of information had been hidden.

The prosecutor said the statements were redacted because Kearney would not agree to most of the protective order. She said that if she and Kearney could come to an agreement on the protective order, she would be happy to provide him with the unredacted statements.

However, Kearney said Ndiaye already knows the witnesses’ identities, so the prosecution’s goal of protecting witnesses does not justify so many redactions. He said he would not agree to certain portions of the protective order, including not showing the statements to Ndiaye and destroying the document afterwards.

Because counsel could not agree on the protective order, DC Superior Court Judge Todd Edelman said he would compare the redacted and non-redacted copies to determine if the redacted information was actually important for the defense’s case.

The prosecutor also said she was making progress in the indictment but was still waiting for responses for a few outstanding warrants.

According to court documents, officers of the Metropolitan Police Department found Ruth unconscious and unresponsive, suffering from multiple gunshot wounds to the body.

Another felony status conference is scheduled on Aug. 23.