A defense attorney requested a defendant be retried, claiming the case was prejudiced by the use of faulty DNA testing kits before DC Superior Court Judge Judith Pipe on June 12.
On April 30, Donnell Wells, 36, was acquitted of three counts of assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, two counts of aggravated assault knowingly while armed, possession of a firearm during a crime of violence while armed, and unlawful possession of a firearm with a prior conviction for his alleged involvement in a shooting on Aug. 1, 2024, on the 500 block of Newcomb Street, SE.
However, the jury convicted him of unlawful possession of a firearm with a prior conviction for his possession of a revolver during the incident.
Brandon Burrell, who was representing Wells, subsequently filed for a post-disposition motion hearing to address the problematic DNA testing issue. This, the defense argued, was grounds for a re-trial.
Judge Pipe said that though the DNA could have been affected by the faulty kits, the prosecutions’s informing the defense shows good intentions, thus not prejudicial.
“I don’t find that there was any bad faith,” she said.
Judge Pipe agreed that the faulty DNA kits clouded whether Wells would be found guilty if the information had been presented to the jury. Thus, the ruling for a retrial.
Burrell also requested that Wells be releases while he awaited the new trial. He said Wells would be able to be trusted if put on home confinement.
However, the prosecution said the scope of Wells’ offenses meant that release should not be on the table.
Judge Pipe decided that the nature of Wells’ prior offenses and the fact that Wells still had an active extraditable warrant for arrest made his eligibility for release before trial moot.
Wells’ retrial was scheduled for July 15.
