Defense Challenges Photo ID in Homicide Case

By D.C. Witness Staff - June 30, 2023
Court | Homicides | Shooting | Suspects | Victims |

Defense lawyers filed a motion to suppress the photo identification of a murder suspect during  a June 30 hearing before DC Superior Court Judge Robert Okun.

Ernest Cleveland, 30, is charged with seven counts including first-degree murder while armed, assault with intent to kill and possession of a gun during a crime of violence related to the shooting death of Edward Pearson, 39, and the wounding of another individual on Nov. 26, 2020 on the 2900 block of Connecticut Avenue, NW.  

According to court documents, a previous “beef” escalated into Pearson’s fatal shooting.  The second victim was allegedly shot in the face after he called 911 for help. 

During the hearing a detective for the Metropolitan Police Department (MPD) explained how he put together a nine-picture display of possible suspects matching the general description of the shooter.  According to the detective, the victim positively identified Cleveland as the person who shot him.

During cross-examination, Cleveland’s attorney, Wiliam Alley, challenged the identification of Cleveland made from a black and white photo since it was presented ten days after the shooting while the victim was still in intensive care and that his perception might have been affected by medications.  

“He was shot in front.  [The victim] saw who shot him,” said the detective. 

Earlier in the hearing, the defense objected to DC Superior Court Judge Erik Christian’s trying the case as currently scheduled.  

“I can’t resolve this issue,” said Judge Okun who referred the matter to the presiding judge. 

Meanwhile, the prosecution said it was “very frustrating” that the defense should raise this issue at the last minute, since Cleveland’s trial is scheduled for July 10.  However, Judge Okun ultimately determined that Judge Christian would handle the case.  

The defense didn’t say specifically why they wanted Judge Christian withdrawn.  Nor did Alley comment when asked by D.C. Witness why he had concerns about Judge Christian. 

The trial is scheduled to begin on July 10.