Murder Case Faces Possible Dismissal After Defense Says They Never Received Important Evidence

By Jakob Rios [former] , Rebecca Silverman [former] - February 25, 2022
Court | Daily Stories | Data | Documents | Homicides | Shooting | Suspects | Victims |

A DC Superior Court judge told prosecutors to show him why he should not dismiss a 2019 murder case following their alleged failure to disclose evidence even as the trial approached.

Elhadji Ndiaye, 23, is accused of fatally shooting 21-year-old Travis Ruth in the Buena Vista neighborhood of Southeast, DC in 2019.

The defense alleges that, over the last three years, the prosecutor failed to turn over evidence including a recording of a key witness as well as one of Ndiaye that may show he was not at the scene of the shooting when it occurred. The defense has motioned to dismiss the case, arguing the failure to turn over this evidence constitutes a Brady violation, referring to a prosecutor’s obligation to turn exculpatory evidence over to the defense.

During a Feb. 16 hearing, the lead detective took to the witness stand and explained that the email he sent the prosecution years ago containing these recordings has since disappeared.  He was adamant the emails were sent out. 

The defense says they never received them and now feel unprepared for trial, according to a dismissal motion by defense attorney Nikki Lotze. Parties had planned to go to trial this month, but the trial was canceled in light of the issues raised by the defense.

Parties discussed the defense motion over the course of several hearings, with the final one taking place on Feb. 22.

Judge Milton Lee asked the prosecution a series of follow-up questions based on the detective’s testimony, which the prosecution was unable to answer. He asked them for a written report regarding the information and any underlying data such as police reports to be delivered to the defense once they had it.  

Towards the conclusion of the proceedings, Judge Lee said he found it troubling how little the evidence was acted upon. He said he could no longer hold Ndiaye at DC Jail.

 “If you see a witness on the Metrobus on your way to pretrial services, you better take a different bus,” Judge Lee told the defendant, ordering him to refrain from any contact with witnesses.

He went on to say the detective had tunnel vision in this case, going as far as to say he made calls that were not meant for a detective to make.  

Judge Lee concluded by saying that the “system has failed miserably in this case.” He gave the prosecutors about a month to show him why he should not dismiss this case outright. The next hearing is set for March 28.