Defense attorney, Madalyn Harvey, motioned to withhold body-worn camera footage of her speaking to her client, a non-fatal shooting defendant, before DC Superior Court Judge Neal Kravitz on July 31.
Samard Van, 21, is charged with assault with intent to kill while armed and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting on July 22 on the 1300 block of Brentwood Road, NE. No injuries were reported but officers located at least 10 shell casings.
According to court documents, the victim allegedly approached Van and another masked unidentified shooter in a parked Honda Accord. Van and the unidentified suspect reportedly exited the vehicle with handguns and chased the victim, repeatedly shooting at him. Less than an hour later, the unidentified suspect allegedly dropped Van off at Medstar Washington Hospital Center.
At the hearing, Harvey waived Van’s appearance, because he was receiving treatment at the hospital for two gunshot wounds.
Harvey motioned to withhold body-worn camera footage that reportedly captured a conversation between Harvey and Van at the hospital. Harvey explained that when she asked a Metropolitan Police Department (MPD) officer to step outside of the room, she refused and kept her body-worn camera running.
“Given the conduct of the MPD, I don’t think the [prosecution] should benefit,” Judge Kravitz said.
The judge ordered the prosecution to not access the footage until Harvey submits a written motion. The prosecution agreed, however they added that they do not see a legal justification to withhold the footage since Harvey and Van knew another person was present.
Harvey explained that it was crucial for her to speak with Van during the visit because it was her first time seeing him after he was “locked up for nine days.”
Judge Kravitz amended the existing court order to ensure Harvey has access to a private space in the hospital to meet with Van.
According to court documents, Harvey filed a motion on July 31, after the hearing, that argued MPD continued to preclude her from speaking privately and confidentially with Van. Harvey requested Van’s immediate release because “his continued detention is harming his ability to defend his case and denying him his constitutional right to counsel.”
In the alternative, Harvey’s motion asked Judge Kravitz to require the MPD officer to appear before the court for an emergency hearing.
According to an order from Judge Kravitz filed on Aug. 3, both of these requests were denied by Judge Kravitz as moot because Van was transferred to the DC Jail.
Parties are slated to reconvene on Aug. 21 for Van’s preliminary hearing.
