Court Grants No Contact Order After After Investigators Contact Children

By Jasmine Hernandez [former] - June 6, 2023
Court | Daily Stories | Homicides | Suspects | Victims |

On June 6, 2023, DC Superior Court Judge Marisa J Demeo agreed to appoint conflict-free legal counsel and issued a no contact order in a 2023 homicide case. 

Charles W Terry, 58, is charged with second-degree murder for his alleged involvement in the deadly beating of 39-year-old Lennette Clark. The incident occurred on Jan. 30, on the 1500 Block of Anacostia Avenue, NE. 

During the hearing, the prosecution raised concerns about the actions of the defense’s investigation team. One of their investigators allegedly visited the home of a witness on April 26, 2023, with the intention of interviewing two child witnesses. 

An adult witness asked if this was necessary. After being informed that they were not obligated to cooperate, the witness instructed the investigator to leave and refrain from contacting the underaged witnesses.

However, two weeks later, the same investigator from the defense team’s investigation unit allegedly went to the children’s schools; The investigator proceeded to remove the children from their classes in order to conduct interviews. 

The prosecution says this is an ethical issue since the witnesses are children, raising questions about the voluntary nature of any statements they might provide. 

The prosecution argued that the investigator failed to provide proper identification to school officials and did not disclose her affiliation with any organization. 

Furthermore, the interviews allegedly took place in a private room with only the children and the investigator present, which the prosecution deemed unethical given the witnesses are only 13-years-old and 8-years-old.

The lack of a parent or guardian during the interviews was also emphasized, and the prosecution pointed out that the investigator intentionally chose to visit schools when their guardian would not be present to deny permission for the interviews.

The defense countered the prosecution’s claims by asserting that the investigator did indeed provide valid identification and clearly disclosed their affiliation to both school officials and the witnesses themselves. 

The investigator explicitly stated that they were acting on behalf of defense attorney Jospeh Yarbough, who is representing Terry. 

The defense further contended that the interviews conducted with the witnesses were justified as they had the right to investigate on behalf of the defendant. 

Considering that both children were allegedly present at the scene, they could have crucial information and are essential witnesses. The 13-year-old was the only individual who provided a written statement during the interview with the investigator.

After hearing from both parties, Judge Demeo said, “Juvenile status is a factor that needs to be considered” and discussed the ethical considerations. 

Both parties agreed that the investigator spoke with them alone with no adult present. However, there is a disagreement as to how the interviews played out. 

Judge Demeo said that if their guardian or the government grants permission, the defense may proceed with conducting interviews with the underaged witnesses. 

The judge highlighted that this ethical concern could potentially harm the defense team during the trial, consequently impacting the defendant’s rights. 

In light of this, Judge Demeo acknowledged the defendant’s entitlement to seek alternative counsel.

The motions hearing will reconvene on July 6, following the defendant’s consultation with a different attorney.