Defense Attorney Alleges Prosecutors Hid Evidence in 2020 Homicide Case

By Laura Berol - March 18, 2024
Daily Stories | Homicides | Shooting | Suspects | Victims |

On March 15, a homicide defendant’s attorney argued that her client should be released, alleging that the prosecution withheld exculpatory evidence for years, in a pretrial detention hearing before DC Superior Court Judge Robert Okun.

Ernest Cleveland, 30, is charged with first-degree murder while armed, assault with intent to kill while armed, and aggravated assault knowingly while armed, among other charges, for his alleged involvement in the death of 39-year-old Edward Pearson on Nov. 26, 2020, on the 2900 block of Connecticut Avenue, NW. Another individual sustained non-life-threatening injuries from the incident. 

Madalyn Harvey, Cleveland’s defense attorney, asserted that Cleveland might never have been indicted if the full facts in his case had been known earlier. She argued that the weakness of the case against him should be grounds for releasing him on bail.

Harvey alleged that the prosecution hid evidence that suggested the key witness in their case was the true perpetrator.  According to Harvey, the prosecution denied having evidence that the witness had threatened Pearson the night before his death, even though they had phone records to corroborate the story. Harvey also claimed that the prosecution concealed from the grand jury multiple reasons to distrust the testimony of this witness.

A Metropolitan Police Department (MPD) officer investigating Pearson’s murder was “complicit” with the prosecution in “hiding Brady material [ exculpatory evidence] for years,” Harvey said. 

Harvey alleged that the officer chose not to pursue lines of investigation that might have exonerated Cleveland, and that he responded to Harvey’s questions with evasions and lies. The officer “is not just biased–he is dishonest,” Harvey stated.

The prosecution argued that Cleveland should remain in custody because he is a danger to the community, based on his pleading guilty to robbery charges in Maryland and on his outstanding charges, including assault with a dangerous weapon, in another case pending trial in DC in July. 

The prosecution requested time to respond in writing to Harvey’s claims of misconduct, objecting that some of her allegations were “personal.”

Judge Okun gave the prosecution until April 15 to submit their response, stating that he will write his own response after considering theirs.

The next hearing is set for June 7.