A defense attorney in a murder told DC Superior Court Judge Michael Ryan that he is overwhelmed with recent cases after failing to file an expert notice on Nov. 21. Statistics compiled from the Metropolitan Police Department (MPD) show a 31 percent increase in arrests during early phase of the federally ordered troop surge starting in August.
Khalid Claggett, 41, is charged with first-degree murder while armed, possession of a firearm during crime of violence and unlawful possession of a firearm by a convict for his alleged involvement in the fatal shooting of 30-year-old Isaac Aull Jr. on June 11, 2021 on the 1600 block of Franklin Street, NE.
All of Claggett’s charges have an aggravating circumstance of allegedly being committed during release on another matter.
According to defense attorney Howard McEachern, Claggett intends to argue that he suffers from post-traumatic stress disorder (PTSD) and acted in self-defense.
However, the prosecution said, McEachern failed to file the notice for an expert witness who would testify that he is not criminally responsible by the deadline. They said that the trial, which is set to begin Jan. 28, has been moved several times due to the expert’s availability.
McEachern admitted that he did not file the notice because he has picked up 65-to-70 new cases since the end of August and is overwhelmed as lawyers have picked up the large numbers of clients have during the federally mandated surge. He requested that a second attorney be appointed for this case, saying he wants “someone who’s less encumbered.”
McEachern also requested a new filing date.
“I absolutely cannot be the reason that he can’t use his defense,” McEachern said.
The prosecution argued that Claggett should not be allowed to use self-defense during trial if McEachern fails to file the expert notice by Dec. 1. Judge Ryan was hesitant to preclude the defense.
“It’s not clear to me that I have the authority to do that,” Judge Ryan said.
Parties are slated to reconvene on Jan. 5.
