DC Superior Court Judge Neal Kravitz heard defense complaints on Jan. 30 that prosecutors failed to provide all potentially exculpatory evidence in a timely manner.
De’Angelo Goldston, 38, is charged with premeditated first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for allegedly shooting and killing his father, 61-year-old Darryl Smith, on Feb. 4 on the 1000 block of First Street, SE.
Goldston’s attorney, Kevin Mosley, stated during the hearing that the prosecution provided jail calls and body-worn camera footage on Wednesday, Jan. 28. According to Mosley, the body-worn camera footage contains Brady information–which is exculpatory evidence.
In the footage, U. S. Capitol Police and the Metropolitan Police Department (MPD) overheaerd that Smith and Goldston were in a fight, according to Mosley. Mosley claimed that this would raise speculation that the murder is actually self-defense.
Mosley alleged that body-worn camera footage captured two witnesses at the scene. According to the defense, when officers initially entered the crime scene, a juvenile witness– Goldston’s child– remained silent, while Smith’s sister, and Goldston’s aunt, were emotionally distraught.
The defense claimed that the juvenile witness only said Goldston had shot Smith after she heard her great-aunt give her version of the events. Defense counsel argued that the statement was influenced by law enforcement and by her great-aunt’s emotional reaction, rather than originating independently.
Based on these assertions, Mosley asked for full discovery, which he contended the prosecution had not yet provided.
Judge Kravitz said that he had previously insisted that the prosecution turn over discovery.
The prosecutor stated that they had already turned over almost all discovery, including records, interviews, surveillance footage, and jail calls. The prosecutor said they would continue reviewing their records to ensure everything had been disclosed, but questioned why the defense was asserting that the prosecution had failed to turn over discovery.
Mosley argued that crucial information was disclosed only 48 hours earlier and that, aside from the body-worn camera footage and the defendant’s jail calls, no additional materials had been provided. “Almost” all discovery is not all discovery, Mosley insisted.
The prosecutor again disputed the defense’s assertions, stating that the parties could argue the issue all day. The prosecutor maintained that the body-worn camera footage shows only that the defendant was involved in a fight with his father. “
That’s it,” the prosecutor who added that it is police procedure to question witnesses and remove them from the crime scene, and that doing so does not constitute witness influence or absolve Goldston of responsibility.
Judge Kravitz reiterated his prior order requiring the prosecutor to provide full discovery to the defense and ordered that complete evidence be provided by Feb. 6.
Parties are scheduled to reconvene on March 13.
