Criminal Justice Effects of COVID-19 Pandemic: Judge Declares Mistrial in Murder Case

By D.C. Witness Staff - August 14, 2020
Court | Daily Stories | Homicides | Suspects | Victims |

Instead of continuing a jury trial for murder case that occurred nearly five months ago, a DC Superior Court judge decided to conduct a new trial for the defendants.

Nyekemia Everett and Malik Hewitt are charged with first-degree murder while armed, felony murder while armed, conspiracy, attempt to commit robbery while armed and possession of a firearm during a crime of violence. Everett is also charged with unlawful possession of a firearm, fleeing law enforcement officers and obstruction of justice. Hewitt also has a separate case from 2018, in which he is charged with obstructing justice. 

Everett and Hewitt allegedly shot 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE in 2017.

The jury trial of both defendants began on March 3 and was suspended on March 18 due to the COVID-19 pandemic. The trial proceeded until closing arguments.

Both Everett and Hewitt’s obstruction of justice charges derived from their alleged attempts to threaten a witness in the case.

On Aug. 14, Judge Anita Josey-Herring told both parties that the court’s chief judge is extending his order until Nov. 9. The order states that jury trials are not able to proceed due to the pandemic. 

The prosecution requested that Judge Josey-Herring ask the chief judge to allow the trial to continue as an exception, saying the District of Columbia is in phase two of reopening. Jurors should be allowed in court with social distancing guidelines, the prosecutor said.

However, the defense motioned for mistrial, saying the pandemic has affected everyone differently.  Hewitt’s defense attorney, Nikki Lotze, said jurors would not be able to focus on or remember evidence from a trial that occurred approximately five months ago. She also said  it is unrealistic to put the jurors, court staff and other members involved in the case at risk for COVID-19 while in trial.

Judge Josey-Herring granted the defense’s request for a mistrial, saying she could not ask the chief judge to make an exception for this case because she does not know how long deliberations would take. It is not necessary to put those involved in the trial at risk, the judge said.

Lotze then asked if she could be appointed as her clients Criminal Justice Act (CJA) attorney, which is an attorney who is appointed to defendants who are financially unable to afford representation, according to the U.S. Courts website. Lotze said Hewitt’s family exhausted their funds during the trial period. 

Judge Josey-Herring said she granted the request in an attempt to alleviate potential financial struggles.

Both defendants are scheduled to appear in court again on Nov. 9 to evaluate if the court will be able to conduct jury trials again.