Counsel Debate Using Eyewitness Testimony on Homicide

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A debate sparked May 21 over whether the prosecution would be able to call an eyewitness of a fatal shooting to the stand.

The prosecution said they want to use the witness to possibly understand what happened during the time of the shooting. However, because of the witness’ fifth amendment right, the witness may not help either side get any closer to showing the jury what happened. The prosecution also requested additional time to collect more evidence.

Hakeem Burroughs is charged with first-degree murder for allegedly shooting Jarell Walker on the 300 block of Hayes Street, NE on June 2, 2016.

The defense argued the witness, who was chosen by the prosecution, could not be cross-examined. On the crime scene, the witness exercised his right to remain silent and initially withheld information from authorities.

During the status hearing District of Columbia Superior Judge Danya Dayson delayed the trial date until April 15, 2019.

“Potentially, we’re continuing this trial to next year for someone they don’t even know they would call,” the defense said. This is “one last Hail Mary for the books.”

Burroughs is scheduled for another status hearing on July 27.