Judge Holds Two Domestic Violence Defendants and One Sex Abuse Defendant During Initial Hearings

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During initial hearings on April 15, DC Superior Court Judge Heide Herrmann held two of four domestic violence defendants and one sex abuse defendant.

The two domestic violence defendants held are both alleged to have violated a condition of release in their cases.

The first defendant is charged with simple assault, second-degree theft, and obstruction of justice, and the second defendant is charged with contempt. 

The first defendant returned to his victim’s home where he allegedly assaulted her within a month of being released from jail. The second defendant allegedly repeatedly attempted to make contact with the victim and went as far as kicking in her apartment door.

In both cases, the judge said it was very concerning that the defendants not only violated their stay-away orders but committed violent acts in the process. The judge said she could not release either defendant as they are a danger to the victims and the community.

Both defendants are scheduled for status hearings on May 4.

The third defendant held is charged with first-degree sex abuse while armed for allegedly committing the offense in 2006. 

The prosecution requested the defendant be held due to the serious nature of the case and because the defendant already pleaded guilty to a similar offense in the past involving sex abuse and the use of a firearm.

Furthermore, the prosecution stated the DNA in this new offense allegedly matches the DNA found in the defendant’s previous sex abuse case.

The defense argued that the defendant’s DNA sample was not taken recently, calling into question the reliability of the results. The defense also said the victim knew the assailant and her client did not match the victim’s description.

The judge did not agree with the defense.

Judge Herrmann said a new DNA sample does not have to be taken to show probable cause. The judge did say that a confirmation DNA test with a recent sample might be warranted, but she said it has no bearing on this hearing nor her ruling.

The judge ruled to hold the defendant based on the DNA evidence and his criminal history. The judge said the age of the case does not make the defendant any less dangerous, and she could not release him. 

A status hearing is scheduled for May 3. 

The remaining two domestic violence defendants have charges of attempted possession of a prohibited weapon, attempted threats to do bodily harm and destruction of property. The second defendant was brought in on a bench warrant for missing his hearing. 

The first defendant was released with an order to stay away from the victim and has to return court on Oct. 21. The other defendant was released on his own recognizance with a hearing scheduled for June 1.

This article was written by Alaina Provenza