Defendant Files ‘Pro Se’ Motions Charging the Court With Fraud

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A homicide defendant’s “pro se” motions to remove DC Superior Court Judge Maribeth Raffinan, the prosecution, and his defense attorney from his case, claiming they are conspiring to commit “fraud on the court,” was discussed in a June 14 hearing.  Pro se means an individual is acting as his own attorney.

Kevin Foster, 19, is charged with two counts of first-degree murder while armed for his alleged involvement in the fatal shooting of 23- year-old Dana Faulkner and 15-year-old Abdul Fuller at the 2700 block of Bruce Place, SE, on March 7, 2023. 

According to court documents, Faulkner died at the scene, and Fuller was located at the intersection of Mississippi Avenue and Wheeler Road, SE, on the day of the incident. He succumbed to his injuries on March 9.

During the hearing, Judge Raffinan brought multiple motions, filed by Foster himself, to the parties’ attention. 

According to Judge Raffinan, through the motions, Foster requested a new judge, prosecutor, and attorney be appointed, claiming the parties are “guilty of fraud on the court,” adding that “vindictive prosecution occurs where the prosecution, Judge, and Attorneys are pursuing charges against a criminal defendant out of spite, retaliation, or a desire to punish them for asserting their rights.” 

Matthew Davies, Foster’s recently appointed attorney, told the court he needs additional time to discuss the motions with his client. 

Judge Raffinan told Davies he needs to alert the court how they want to proceed.

Parties are slated to reconvene Sept. 20.