Defense Attorney Misses Deadline, Judge Postpones Hearing

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A DC Superior judge decided July 24 to postpone a detention hearing to allow time for the prosecution to respond to a motion the defense filed past its deadline. 

Eric Smith is charged with first-degree murder while armed for his alleged involvement in a drive-by shooting. He is also charged with possession of a firearm during a crime of violence, assault with intent to kill against a minor, assault with intent to kill while armed, aggravated assault knowingly while armed, assault with significant bodily injury and unauthorized use of a vehicle for his alleged role in the death of 38-year-old Rondell Wills on the 200 block of 50th Street, NE on May 3, 2018.

When the motion to reconsider release was filed, the prosecutor said he was out of town and hasn’t had time to review and respond to the motion. He requested a continuance. 

During a hearing on June 24, DC Superior Court Judge Craig Iscoe gave the defense a deadline to file a motion to reconsider release by June 28.

Apparently, the prosecution had given defense counsel, Blase Kearney, new evidence that was not disclosed in open court. Kearney said the evidence puts him in a position to argue for Smith’s release.

Kearney did not meet the deadline for the motion. Instead, he filed the motion on July 9.

“It seems reasonable to grant time to respond,” Judge Iscoe said. 

Smith’s next detention hearing is scheduled on Aug. 13.

Kearney also told the judge that he will no longer work with the District of Columbia Public Defender Service. Smith will be assigned new counsel at his next hearing.

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