Thank you for reading D.C. Witness.
Help us continue our mission into 2025 by donating to our end of year campaign.
By
Carlin Fisher [former]
- June 30, 2021
Court
|
Daily Stories
|
Homicides
|
Shooting
|
Suspects
|
Victims
|
June 30 marked the second day of arguments in a motion hearing for a murder defendant who has yet to be indicted, despite having been arrested in November 2019.
Marco Powell, who is also known as Tyrell Powell, is charged with first-degree murder while armed in the death of 22-year-old Semaj Alsobrooks. Powell, 24, is accused of shooting Alsobrooks on Sept. 4, 2019, on the 3900 block of East Capitol Street, NE.
Defense attorney Jason Tulley said the prosecution violated Powell’s speedy trial rights by failing to indict him after more than one-and-a-half years of pretrial detention.
When the motion hearing began two weeks ago, the prosecution said the absence of an indictment is the result of limited grand jury availability and the complexity of the case.
In March 2020, as a response to the COVID-19 pandemic, then Chief Judge Robert E. Morin issued orders “tolling all deadlines and time limits in statutes, court rules, and standing and other orders,” according to court documents previously filed by the prosecution. The prosecution said that, unless the defendant can prove that the order exceeds the Chief Judge’s authority or is unconstitutional, he is not entitled to dismissal or release.
But, Tulley and his co-counsel, Pierce Suen, have filed a failure to indict motion as well as a speedy trial motion, requesting a dismissal of the indictment, the scheduling of an immediate trial or the release of the defendant pending trial.
During the hearing, Tulley said the prosecution “fails to provide information” and “did everything wrong.” He also pointed out that the defendants arrested after Powell have since been tried, held and released.
DC Superior Court Judge Milton Lee said he was concerned about how the prosecution has been prioritizing cases to bring in front of a grand jury.
The prosecution responded that they were trying to be efficient, indicting as many people as possible.
Judge Lee said he needed more time to go over the arguments and continued the hearing to July 20.