Defense Counsel Argues Against Type of Meds Given to Murder Defendant

By D.C. Witness Staff - September 23, 2019
Court | Daily Stories | Homicides | Suspects | Victims |

During a continued motions hearing Sept. 19,  the defense argued against a murder defendant being forced to take antipsychotic medications. 

Brandon Byrd is charged with first-degree murder while armed and carrying a dangerous weapon for allegedly stabbing his 44-year-old father, Otis Byrd, on the 100 block of Michigan Avenue, NW in 2016.

Byrd, 21, has been held at St. Elizabeth’s Hospital, DC’s psychiatric hospital,  since 2016. D.C. Witness previously reported that Byrd has been forced to take medication in the past, which his defense lawyer, Craig Hickein, considers to be unconstitutional.

In order to inform the court’s final opinion on Byrd’s treatment if found guilty, the defense continued questioning a witness from a previous motion hearing. The witness is a psychiatrist at St. Elizabeth’s. D.C. Witness previously reported that a psychiatrist’s assessment concluded that the defendant could stand trial if medicated with antipsychotics. 

During the hearing, Hickein continued to argue against the medication. He took issue with the type of medication that Byrd would be issued, risperidone.

Hickein said that if the defendant had a condition a disorder that causes idle moving or tightening neck muscles. The condition is typically caused by long term use of a antipsychotic medication. However, the witness testified that she did not believe the defendant had the disorder. 

The witness also said the effects on Byrd’s brain, from at least 6 years of not being on consistent medication, had been “detrimental.” Without antipsychotics, “I do not know what will be left of his poor brain,” she said. 

However, the witness did not say that there was a treatment that could cure Byrd, “We do not know if we will see the same Mr. Byrd as 6 years ago,” she said.

DC Superior Court Judge Ronna Lee Beck said she wanted to take time to consider the information from the witness’s testimony. 

Judge Beck scheduled a hearing on Dec. 19, but said the date could change. 

In February, Judge Danya Dayson denied the defense’s motion to stop St. Elizabeth’s from forcibly administering involuntary medication to Byrd. The order was appealed. A ruling from the District of Columbia Court of Appeals is still pending.