Defense Attorneys Split on Decision to Push Trial Date

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In a status hearing June 6, defense attorneys for co-defendants in a homicide case disagreed on whether to keep the current trial date or to delay the trial by more than a year.

Antoine Byrd and  Devonte Johnson are charged with first-degree murder while armed for allegedly stabbing Robinson Pal inside Barcode, a nightclub located on the 1100 block of 17th Street, NW, on January 31, 2016. Pal died on Feb. 1, 2016.

Johnson’s attorney, Brian McDaniel, said he would like to continue with the current July 30 trial date, while Bryd’s attorney, Brandi Harden, said she would like to delay the trial to conduct further DNA testing.

Harden said she received DNA test results from the prosecution that led her to believe that additional testing was needed. According to Harden, she doesn’t know how long the testing would take or what her defense theory would be when it is done.

“We’re talking about a whole new defense theory,” Harden said. “I don’t think it’s fair to ask me to do it in 45 days, nor can I.”

Harden emphasized that the court gave the prosecution six months for DNA testing.

According to the prosecution, their DNA analysis lasted as long as it did because the results from the knife’s handle were a mixture of DNA from five individuals. Test results placed Byrd’s DNA on the knife handle, and results for the other four individuals were inconclusive, the prosecution said.

DC Superior Court Judge Craig Iscoe said he wouldn’t issue a ruling, but would keep the current trial date for the moment. If the trial is delayed, it would likely have to wait until October 2019.

A status hearing is scheduled for June 20.