Counsel, Judge Resolve Issues Before Murder Trial

By D.C. Witness Staff - November 15, 2019
Court | Daily Stories | Homicides | Suspects | Victims |

Even though opening statements in a murder trial were set to begin on Oct. 28, they have not because of several issues raised by counsel. 

Sean Baker, 40, is charged with second-degree murder while armed in the Jan. 31 stabbing death of 35-year-old Robert Wiggins on the 300 block of 37th St., Southeast. Baker was initially charged with assault with intent to kill. Baker is a transgender woman. 

On Nov. 14, counsel worked to resolve several issues before opening statements could begin. The issues included, a waiver of conflict, a motion regarding evidence obtained from Baker’s cell phone, testimony from a witness, the unauthorized search of Baker’s apartment, information on a previous assault against Baker, jury instruction on bias, updates on immunity agreements for witnesses and the extent of any bias the defense plans to raise against the prosecution. 

In 2016, Baker’s case was initially assigned to defense attorneys, Janet Mitchell and John Fowler. However, Mitchell was dismissed later that year and Baker was appointed new defense counsel, Dominique Winters. All three attorneys are from the public defender’s service. 

During the proceeding, a signed waiver of conflict-free counsel was given to the judge. 

The waiver was required because Baker was assigned different PDS attorneys after expressing a conflict with PDS counsel. 

The waiver stipulates that Baker cannot claim ineffective counsel if found guilty. 

During the proceeding the defense also requested a suppression of evidence from an unauthorized search, claiming that Baker’s sixth amendment rights were violated. Apparently, Mitchell gave authorities permission to search Baker’s apartment. Mitchell gave the permission without speaking to Baker. 

However, Judge Edelman did not agree, stating that the unauthorized search was more of a strategic maneuver from counsel that became erroneous. 

Judge Edelman ruled Nov. 13, to suppress text all content found on Baker’s cell phone. 

Because of the ruling, the defense filed another motion to suppress testimony from a witness who was only contacted after the cell phone was scanned for information.

Defense attorney, John Fowler, said the witness was coerced. Fowler said the witness did not want to testify against Baker but feared that if he didn’t he would go to jail.

But, the prosecution said the witness willingly complied.

Judge Edelman denied the defense’s motion, saying that even though the witness may have been reluctant to testify, he still showed up to interviews and gave the prosecution access to his phone.

Judge Edelman also said Baker’s cell phone records, specifically text messages between Baker and the witness, could not be introduced as evidence. However, the witnesses’ text messages with Baker could be used as part of the prosecution’s theory.

Opening statements are scheduled to begin on Nov. 18.