Defense Accuses Prosecution of ‘Active Suppression of Information,’ Further Delaying Homicide Trial

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Defense in a fatal shooting case had their request for a postponement of the trial granted by DC Superior Court Judge Jason Park after claiming that the prosecution withheld information on March 25.

Keith Williams, 24, is charged with first-degree murder premeditated while armed and possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 17-year-old Brendan Ofori on the 300 block of M Street, SW. The incident occurred on May 28, 2023. 

According to court documents, Ofori was shot and killed on a Metro train, and his body was recovered at the Navy Yard Metro Station. 

Williams’ attorney, Sylvia Smith, requested for the trial to be postponed due to the prosecution’s evidence violations, wherein prosecutors must share evidence with the defense even if it were to support the defendant’s claim of innocence or threaten the credibility of the prosecution’s witnesses.

Smith accused the prosecution of partaking in “active suppression of information” regarding an eye witness’ criminal record and substance use, both of which threaten the witness’ credibility. According to the defense, the prosecution plans to introduce her as a key witness during the trial. 

Smith noted that during the Grand Jury, the prosecution asked multiple witnesses if they were under the influence at the time of the incident or when interacting with police or the prosecution. However, the prosecution did not ask the eyewitness that question, despite her alleged irregular behavior during and after the incident.

The prosecution similarly brought up issues they had with the defense’s cooperation, arguing the defense has been filing requests late at night or orally during hearings, which prevents the prosecution from being able to craft a response. The prosecution said the information was given in a timely matter regarding the witness. According to the prosecutor, the defense was informed of the witness about two days after their first contact with her since the Grand Jury.

Judge Park stated that it was not clear if the prosecution had evidence violations, but he would grant a continuance to allow for an investigation. 

Smith also requested for Williams to be released.

She highlighted the poor conditions at the DC jail, citing common instances of drug use and assaults. She also pointed out that Williams has no previous criminal record, has had stable support, employment, and housing, and is a primary caregiver for a relative.

The prosecution opposed this request due to the randomness of the attack.

Judge Park denied the request, citing that there were no conditions to ensure the safety of the community.

Parties are slated to reconvene on Aug. 1.