A possible change of venue for homicide trial

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DC Superior Court Judge Michael Ryan was asked by the prosecution to dismiss a three-defendant homicide case so that the case could be tried in District Court during a hearing on June 26.

Malik Bynum, 25, Mark Fletcher III, 26, and Larry White, 24 are charged with conspiracy, robbery while armed offences committed during release, first-degree murder while armed offences committed during release, possession of a firearm during a crime of violence offences committed during release, and unlawful possession of a firearm (prior crime of violence) offenses committed during release for their alleged involvement in the shooting of 21-year-old Rosendo Miller. The incident occurred on the 1300 block of Brentwood Road, NE on July 2, 2021.

Prosecution submitted a motion to dismiss the current indictments against the three defendants on May 27.

In the June 26 status hearing, White’s presence was waived after he was reported “combative” during the transport process.

Madelyn Harvey, Bynum’s defense attorney, requested that Judge Ryan deny the prosecutor’s motion to dismiss as there was not sufficient evidence to move the case into the District Court.

Prosecution explained that the case would be tried quickly in District Court, given the speedy trial rule that a trial must commence within 70 days of indictment or first court appearance.

Given that White’s defense attorney, Lisbeth Saperstein, noted to both parties that she would be asking for a continuance for the December 2025 date due to other trial commitments, the prosecution argued that the motion is justified.

“The Superior Court is 15 judges down at any given point,” commented Judge Ryan on the Court’s severe understaffing issue. He also explained that the court is so backed up with cases that moving the case to the District Court would likely help the defendants.

Addressing Harvey’s concern about the potential of bad faith on the side of the prosecution, Judge Ryan stated that he “can’t presume that either party is acting in bad faith.”

Judge Ryan noted a significant separation of power issue in this case, stating that, while he can order the prosecution to provide a reason for their decision to file the motion, he does not see sufficient basis for Harvey’s suggestion of bad faith.

Judge Ryan gave a deadline of June 30 for the defense to come up with more convincing evidence to deny the prosecution’s motion.

No further dates were set.