Defense Counsel Criticizes Prosecution’s Disclosure Process

During a status hearing on Nov. 1, a defense attorney for a murder defendant said the prosecution has yet to disclose anything that is “really of any substance.” 

Jerome Myles, 20, is charged with second-degree murder while armed for allegedly shooting 19-year-old Antonio Dixon on the 900 block of 5th Street, SE on Oct. 20, 2018.

Myles’ defense attorney, Brandi Harden, argued that the prosecution has been slow to turn over materials relevant to the case.

The prosecutor argued that the only things needed to be disclosed were footage from a body camera and the transcript of Grand Jury testimony, which the prosecutor had just received herself and needed time to redact. 

She said she would disclose the Grand Jury transcripts by the end of the week. 

The prosecutor also said that she was not planning on testing the evidence, but there are a number of items which could be tested including a water bottle, earbuds and a hat.

During the status hearing, Harden said that while she anticipates ordering evidence testing, she needs at least a month to decide what items, if any, would be tested since the prosecution did not disclose the existence of the evidence until two days ago.

During the status hearing, DC Superior Court Judge Todd Edelman set a trial date for Myles despite the defense’s argument that a trial date should be set after disclosure was completed. 

Judge Edelman said there would be plenty of time to finish disclosure and scheduled the trial on Dec. 7, 2020.

Judge Edelman said the date was so far away because Myles was placed under the High Intensity Supervision Program in September. Judge Edelman said he wanted to give priority to defendants who are incarcerated. 

Myles is scheduled to have another status hearing on Jan. 31, 2020.