Defense Asks for Murder Case Dismissal Based on Withheld Evidence

By D.C. Witness Staff - May 11, 2023
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Lewkus Turner’s  murder trial before DC Superior Court Judge Maribeth Raffinan was delayed on May 11 by an earlier motion to dismiss the case.   

Turner, 29, is charged with second-degree murder for allegedly shooting 26-year-old Vincent Gyamfi on Dec. 11, 2020, on the 2900 block of S Street, SE.

Turner’s attorneys submitted a 20-page brief to Judge Raffinan on May 9 asking her to dismiss the indictment with prejudice alleging the prosecution failed to turn over five video CCTV surveillance recordings from the Metropolitan Police Department (MPD) cameras.  The evidence, says the defense, was kept from them for nearly three years.

According to the motion, “In the videos counsel has new leads that could have led to additional witnesses.  Moreover, much of the video contradicts information previously disclosed.”  The motion to dismiss also suggests that Turner may enter a plea of self-defense if the matter goes to trial.  

The issue was discussed in a pre-trial hearing before Judge Raffinan on May 11.  Turner’s lawyer, Jason Clark, called the prosecution’s conduct “appalling,” saying it was guilty of “gross negligence.”  Clark also said the MPD’s handling of the evidence was “terrifying.” 

In trying to explain the lapse, the prosecutor said that detectives “weren’t trying to hide the ball” but acknowledged fault and that his office was trying to address the issue.  

The defense is asking the judge to impose a series of “severe sanctions” against the prosecution ranging from special instructions to the jury about the unrevealed evidence all the way to releasing Turner outright.  

Judge Raffinan noted that because information was withheld, the defense didn’t get to know about other witnesses to the incident.  She said she plans to rule on the defense motion in a hearing on May 15 at 10 a.m.