A fatal shooting defendant’s attorney expressed frustration with the prosecution’s “pattern” of late disclosures in DC Superior Court Judge Jason Park’s courtroom on July 20.
Diantre Smith, 50, is charged with first-degree murder while armed, seven counts of assault on a police officer while armed, eight counts of possession of firearm during a crime of violence, four counts of unlawful possession of a firearm with a prior conviction greater than one year, two counts of carrying a pistol without a license outside a home or place of business, and four counts of leaving after colliding in a vehicle crash.
These charges stem from Smith’s alleged involvement in the murder of 28-year-old Nyesha Galloway on Dec. 20, 2019. Galloway was killed in a shooting in a wooded area on the 400 block of 42nd Street, NE.
In court, Smith’s attorneys, Hannah Claudio and Madalyn Harvey, noted that they would not be able to cross-examine a Metropolitan Police Department (MPD) officer who recovered the murder weapon.
According to Harvey, the officer was arrested in January 2025 for driving under the influence , and he was scheduled to undergo cross-examination in a motions hearing on July 20. However, the prosecution only turned over grand jury transcripts which would allow the defense to cross-examine him that morning.
“This is a problem,” Harvey stated, “I don’t understand why I’m getting them this morning.”
Harvey claimed that the prosecutors have had a “pattern” of sending materials late to her team. As such, she requested a continuance for the evidentiary hearing.
Judge Park granted the request, asking parties to investigate the matter further and determine whether he needs to help resolve any issues.
Judge Park denied the defense’s motion to suppress digital evidence from cell phones found in a Jeep Cherokee allegedly registered to Smith and from his apartment.
In the prosecution’s opposition to the motion, they claimed that Smith’s alleged abandonment of the Jeep Cherokee and its contents made it permissible for police officers to search the phones.
Claudio rebutted that abandonment of the phones did not mean that Smith abandoned their contents.
Judge Park noted that different courts have ruled in opposite manners on similar issues, but that he generally agreed with Claudio’s point. However, he denied the motion to suppress this evidence because he said that the relevant search warrants were sufficient and in good faith.
Parties are scheduled to reconvene on Aug. 20.
