Defense Accuses Prosecution of Delaying Trial

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At a status hearing in a murder case the defense accused the prosecution of intentionally delaying the trial.

Amarii Fontanelle, 20, is charged with two counts of first-degree murder while armed, assault with intent to kill while armed, four counts of possession of a firearm during a crime of violence, and aggravated assault knowingly while armed. 

The shooting took place on the 1300 block of Congress Street, SE on Oct. 17, 2022. Davonte Berkley and Reginald Lamont Cooper Jr. were fatally shot. A third victim was also shot but survived.

Defense attorney Kevin Mosley expressed his frustration at the prosecution during a status hearing on June 26. He said the prosecution is joining an individual named Jahi Rapp as co-defendant to the case now–that despite his being “known to the government since November 2022” and still not indicted. Rapp allegedly drove Fontanelle away from the scene and was later charged with accessory to murder. 

Mosley said the prosecution has also failed to do DNA testing on the firearms and ballistics in a timely manner. 

The defense has been “sitting on their hands” waiting to go to trial, Mosley said.

The prosecutor denied intentionally delaying the trial. She hopes to join the co-defendant to the case before he is indicted. She is unsure if the co-defendant will be ready for trial, which is currently set for this October.

She requested they keep the current date and set another status hearing in the meantime.
DC Superior Court Judge Maribeth Raffinan  ordered the prosecution to provide evidence requested by the defense by next July 3. Judge Raffinan also set a new motions deadline for July 19 with responses due Aug. 9, and kept the current trial date.

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