Defense Calls Prosecution’s Witness A Liar

By D.C. Witness Staff - March 16, 2020
Court | Daily Stories | Homicides | Suspects | Victims |

During a murder trial, a defense attorney called a witness a liar March 13 based on his previous testimony.

Nyekemia Everett and Malik Hewitt are charged with first-degree murder while armed, conspiracy, attempt to commit robbery while armed and possession of a firearm during a crime of violence for their alleged roles in the shooting of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE in 2017.

Hewitt’s defense attorney, Nikki Lotze, said that a key witness for the prosecution, who was a former cellmate of Hewitt, lied on the stand on March 9 when he told the court that Hewitt asked him to contact another witness who was corroborating with police to ask her to stop.

Lotze tried to impeach the witness’s testimony.

“Did you not testify for this case and another case so that you could get a benefit from the government?,” said Lotze.

Lotze mentioned that the witness was currently under arrest for 2018 charges, including kidnapping, attempted armed robbery and carrying a pistol with a prior felony.

She said the witness was facing between 60 and 104 years in prison before cooperating with the prosecution because he had a high criminal history score.

She also said the witness pleaded guilty to kidnapping but was pending sentencing because the prosecution agreed to recommend a sentence based on his level of cooperation.

The witness said he was hoping to not spend a long time in prison but that ultimately he cooperated because his wife, who was not the woman he said he asked to contact another witness, asked him to do what he needed to do so he could go home to his family.

The witness said March 9 that he asked a woman, who was his girlfriend at the time, to contact the girl and then told her to tell the girl to stop talking to or cooperating with the police.

“Did you take care what I needed you to?” the cellmate asked his girlfriend over a jail call. She answered, “Yes.”

The witness said he and Hewitt knew each other before they became cellmates. He said that he and Hewitt grew up in the same area together.

Hewitt allegedly told the cellmate that at the time of Heard’s murder, he was with two people and they were trying to set up “Fat Daddy,” who is a guy that he and the cellmate grew up with. He said they were trying to set up a fake drug deal.

Hewitt told his cellmate that he used a texting app to disguise his phone number. They set up a location to meet, “Fat Daddy” struggled and the other individual that Hewitt was with allegedly shot him. Hewitt allegedly told him that it was only him, Everett and “Fat Daddy.” 

Hewitt did not mention where the girl was at the time. The witness said Hewitt told him that he was standing right there when “Fat Daddy” was shot.

DC Superior Court Judge Anita Josey-Herring instructed the jury that the cellmate’s testimony was only against Hewitt and not Everett. She told the jury to ignore the testimony when determining whether the prosecution proved guilt beyond a reasonable doubt for Everett’s case.

Trial continued with testimony from Everett’s ex-girlfriends on March 16.