Prosecution Must Disclose Witness Identities to a Murder Defendant’s Attorney

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A DC Superior Court Judge ordered a prosecutor to hand over the identities of five witnesses to the defense attorney of a murder defendant. 

Tony S. Aiken, 48, is charged with second-degree murder while armed for allegedly shooting 23-year-old Kendra Smith on the 4300 block of D Street, SE on Sept. 6, 2004. 

According to Aiken’s defense attorney, Jason Tulley, an informant told Metropolitan Police Department officers that one of the witnesses said it was his brother who shot Smith.

The prosecutor said it was not necessary to hand over the identities of the witnesses because the information they provided to Metropolitan Police Department Officers “is not necessarily inconsistent with the government’s theory.”

DC Superior Court Judge Todd Edelman said that the prosecutor’s argument acknowledged that the accounts of the witnesses could be inconsistent with the government’s theory.  

Judge Edelman said that because there is possible inconsistencies, the prosecution must provide the identities of the witnesses to Aiken’s defense attorney, Jason Tulley.  

Aiken’s trial readiness hearing is scheduled for April 24, 2020. 

This article was written by Siena Rush.