Defense Requests to Try Murder Defendants, Separately

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In light of contaminated evidence, defense counsel requested to try two murder defendants, separately .

Joseph Brown and Rondell Mcleod are charged with first-degree murder while armed for allegedly shooting Antwan Baker on November 12, 2015, on the 5300 Block of Clay Terrace, NE. According to court documents, the two confronted Baker and his brother, who were selling PCP, an hallucinatory drug, when a shootout began. The brother survived.

According to ballistics evidence, the homicides were committed with the same gun — a .10 mm pistol. The defense said they will retest ballistics and present the results at a status hearing on June 15.

According to the prosecution, DNA on one of the casings matched McLeod. But, the casing was contaminated during the extraction process.

DC Superior Court Judge Judith Bartnoff said May 30 that trying these two suspects together for first-degree murder wouldn’t make sense due to the tainted evidence. Bartnoff said there was a possibility that the jury could become biased towards both defendants.

“I don’t see the need to try these two together,” Bartnoff said. “The only thing that connects these two individuals is a gun casing. I’m leaning towards granting severance and holding the Brown trial first.”

The judge said she will make her ruling on whether to separate the defendants at a status hearing scheduled for June 27.