Judge Gives Defense Counsel More Time to Motion for Separation

By D.C. Witness Staff - July 22, 2019
Court | Daily Stories | Homicides | Suspects | Victims |

A DC Superior Court judge gave defense counsel more time to decide if they would file motions to separate their clients’s cases.

Nyekemia Everett and Malik Hewitt are co-defendants charged with first-degree murder while armed, conspiracy, attempt to commit robbery while armed and possession of a firearm during a crime of violence for their alleged roles in the murder of 37-year-old Christopher Heard. According to a previous report, surveillance footage was used to identify Everett, 33, while a female witness identified Hewitt, 39.

Judge Danya Dayson granted Everett’s defense attorney, Michael Madden’s, request for more time to file motions to separate the defendants’ cases. The original deadline was on July 15, but the defense will now have until Aug. 2 to file.

Judge Dayson rejected a previous severance motion filed by both defendants in February of 2019, when Everett had different counsel.

During the hearing, Madden also told Judge Dayson that he was not ready to proceed with a hearing to decide if the defense would conduct independent testing on DNA evidence. He said that since becoming the new counsel for Everett, he has had three felony trials, which impeded on his ability to give Everett “the attention he needs.”

The prosecution also said a second round of testing was conducted earlier in the year, so defense counsel would have new results to discuss with their clients.

Judge Dayson granted Hewitt the opportunity to have a second hearing to determine if he would conduct independent DNA testing on the evidence as well. According to DC Courts, Hewitt first waived his right to testing on Jan. 3.

A status hearing is scheduled on Aug. 22.