Defense Counsel Motions for Dismissal of Sex Abuse Case

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Defense counsel motioned for DC Superior Court Judge Rainey Brandt to dismiss a 2021 sexual abuse case, saying the case was improperly investigated.

The 56-year-old defendant is charged with second-degree sexual abuse in connection to a sexual assault on Aug. 3, 2021, at a drug program located on the 1900 block of 4th Street, NE. The defendant was an employee of the program. 

During the Oct. 5 hearing, a Metropolitan Police Detective (MPD) said surveillance footage from the day of the alleged offense showed the defendant standing behind the complaint in the lobby while waiting for the elevator. There are no cameras inside of the elevator, so there wasn’t any video footage of the alleged assault. 

On Aug. 31, 2021, the detective was able to watch footage of the day of the incident, but the managers would not allow her to save the footage on a thumb drive. 

The footage showed the complaint stepping out of the elevator and the complainant rubbing her hands together as if she was sanitizing her hands. 

The detective testified that she sent an email to the operation managers at the drug program asking for the surveillance footage. 

On Nov. 21, she said she sent a second email to the program requesting the footage but was unsuccessful in obtaining it. A subpoena was issued on Dec. 16 to obtain the video, but the footage had been overwritten. The system only stores video for thirty days, she said.  

Defense attorney Dean Gregory and Judge Brandt questioned the detective on why it took so long to get a subpoena for crucial evidence in this case. 

Gregory said he believed the case was not prioritized nor handled correctly by the MPD because his client was arrested a year later and the prosecution did not have the surveillance footage from the day of the alleged offense.

Judge Brandt said she believes more research needs to be done in regards to the case. She gave parties until Oct. 21 to submit writings on the drug program and how it functions before she can make a ruling.