Judge Lets 7-Year-Old Girl Testify in Murder Case

By D.C. Witness Staff - August 28, 2019
Court | Daily Stories | Homicides | Suspects | Uncategorized | Victims |

During a status hearing Aug. 28, a judge decided to allow the testimony of a seven year-old witness.

James Embre, 26, is charged with felony murder, first-degree cruelty to children and second-degree cruelty to children for his alleged role in the death of 2-year-old Aceyson Aizim Ahmad on the 3400 block of A Street, SE in April of 2018. According to court documents, Embre was involved in a romantic relationship with Ahmad’s mother.

DC Superior Court Judge Juliet McKenna said  she believed, based on grand jury testimony, that Ahmad’s sister, who was six years old at the time of the murder, is competent enough to testify.

Judge McKenna said grand jury documents indicated that the child, who is now seven, understood the difference between a truth and a lie.

She also said that Ahmad’s sister tells a consistent story throughout the grand jury testimony of what happened. However, any inconsistencies the defense might see is fair game just like “any other witness” because inconsistencies does not mean someone cannot testify.

McKenna said she will not allow the child to testify outside of court because it would infringe on Embre’s 6th Amendment Right to confront witnesses. However, McKenna allowed accommodations for the child, such as squeeze balls, paper and pencils to help occupy her time in court.

McKenna also made the courtroom available before trial for the child to explore and get comfortable.

D.C. Witness previously reported that defense counsel, Jonathan Zucker, did not want the child to testify because of her inability to understand the difference between a truth and a lie. Zucker said the child gave inconsistent statements to the police and the grand jury. Zucker also said the child’s memory of events might have been distorted by suggestions from the prosecution.

The trial is set to begin on Sept. 4.