Judge Waives Time Limit for DNA Testing in Sex Abuse Case

By Beatriz Olivares [former] , Chloe Wayne [former] - July 14, 2022
Court | Daily Stories | Sex Abuse | Sexual Assault | Suspects |

DC Superior Court Judge Rainey Brandt waived July 14 the 100-day time limit for DNA testing in a 2020 sex abuse case. 

The defendant, who is 56 years old, is charged with one count of kidnapping while armed, two counts of first-degree sex abuse while armed with a dangerous weapon, and one count of assault with a dangerous weapon. According to court documents, the charges are related to an incident where the defendant allegedly held a woman at gunpoint and sexually assaulted her. 

The defendant, who is quarantined in St. Elizabeths, DC’s psychiatric institution, appeared at the hearing remotely. According to court officials, 13 out of 16 units in St. Elizabeths are in quarantine.

Defense Attorney Andrew Ain, the defendant, and prosecutors requested the time waiver in order to conduct DNA testing.

In this case, the decision resulted from weeks of deliberation regarding the defendant’s mental competency. Additionally, the request to evaluate the defendant’s competency extended past June 10, the date when the emergency COVID-19 protocol to pause or delay the statute of limitations.

“If [the defendant] changes his mind, it will be 100 days from when he changes his mind,” Ain told the court. “He wants anything that can be tested to be tested.”

During the July 14 hearing, Judge Brandt also admonished the defendant to not contact herself or the prosecution via telephone or writing. The defendant has previously called Judge Brandt’s chambers, prosecutors’ personal cell phones, and has written multiple letters to the court. 

“Any ex parte communication you have with the government can and probably will be used against you,” Judge Brandt said. 

According to Ain, the defendant believed that by calling the judge and prosecutors, he was advocating for himself better than the defense was. 

The defendant’s next hearing is scheduled for Sept. 2, where both parties will decide whether they are proceeding to trial.