Defense Claims Prosecution's Handling of Homicide DNA is ‘So Unfair’

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The defense representing two fatal shooting co-defendants told DC Superior Court Judge Jason Park they are concerned that the prosecution’s handling of DNA evidence will cause delays, during a hearing on April 7.

Jerome Dukes, 34, and Justin Borum, 35, are charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior crime of violence for their alleged involvement in the fatal shooting of 21-year-old Jayvon Jones on Feb. 21, 2023. The incident occurred on the 1400 block of Saratoga Avenue, NE.

Dukes’ attorney, Brandi Harden, expressed frustration with the prosecution’s time management. She noted that the prosecution just sent evidence for DNA testing last week – a process expected to conclude by June at the earliest, according to Harden. She argued this would not give defense enough time to review and test the evidence independently before the trial, which is scheduled to begin Oct. 14.

Harden called the delay “so unfair,” citing that the prosecution has had the material since September of 2023 and have “just sat on the evidence.” She filed a motion to prevent introduction of the tested evidence as untimely.

Borum’s attorney, Stephen LoGerfo, echoed the frustration, noting that Borum is eager to keep the current trial date.

For their part, prosecutors said they believed the material was previously submitted but with no additional information.

Harden also raised concern about the sole eyewitness’ “inconsistent testimony.” She insisted that his initial phrasing was different than his grand jury testimony.

The prosecutor agreed to share the witness’ name with the defense so they could follow up as necessary. However, for the witness’ safety concerns of the witness, identifying information will not be shared

Parties are slated to reconvene on the pending matters May 13.

Defense Claims Prosecution’s Handling of Homicide DNA is ‘So Unfair’