Defense Forced to Disclose Trial Strategy to Readmit Evidence

By Rachel Benck [former] - March 7, 2023
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

The homicide trial for the murder of a 10-year-old girl continues with defense counsel being forced to disclose their strategy in regards to social media evidence in the case.

Gregory Taylor, 26, Quentin Michals, 25, Qujuan Thomas, 24, Darrise Jeffers, 23, Isaiah Murchison, 22, and Marquell Cobbs, 21, are six of 10 defendants charged with first-degree murder, criminal street gang affiliation, conspiracy, possession of a firearm during a crime of violence, assault with intent to kill, and other charges regarding a fatal drive-by shooting that resulted in the death of Makiyah Wilson. The shooting happened on the 300 block of 53rd Street, NE on July 16, 2018.

On March 6, Murchison’s Defense attorney Elizabeth Weller requested the readmission of a message allegedly sent by Muchinson in a group text between four of the six co-defendants. The prosecution previously removed the message from the evidence presented in court. 

Weller disclosed the relevance of this message to Judge Okun in an ex parte meeting because she said she didn’t want to reveal her defense strategy to the prosecution. 

However, Judge Okun wouldn’t admit the message unless the prosecution was able to make an informed argument on its relevance as well.

After this decision, Weller disclosed that the defense wanted the message readmitted because it wasn’t Murchison who sent that message. The prosecution did not object and the message was readmitted into evidence. 

This isn’t the first time social media evidence has been discussed in this case.

On Feb. 27, defense attorneys raised concerns about the prosecution bringing in social media evidence to prove the existence of criminal gang activity and conspiracy to commit the drive-by shooting that killed Wilson.

They shared the concern that the jury might naturally attribute statements made by one defendant on Instagram to all defendants because they are on trial together. The posts specifically points to the use of the word “gang” and the alleged gang vanity name ‘DF’.

D.C. Superior Court Judge Okun allowed the evidence to be admitted. However, if more than one defendant appeared in a photo, any mentions of “gang” or ‘DF’ must be redacted, or the defendants not specifically associated with the Instagram account must be removed from the photo.

Additionally, to be abundantly cautious, Judge Okun would give a limiting instruction to the jury that each defendant’s social media evidence may only be attributed to that defendant during deliberations.

On Monday, after the jury was brought in, the prosecution called a Metropolitan Police Department criminal investigator. Initially, the investigator informed the jury that his job involved using social media to identify individuals who are potentially members of gangs or crews.

The defense immediately objected to this statement, and the parties spent the next 20 minutes privately discussing this part of the officer’s testimony. 

After they resumed the trial, Judge Okun instructed the jury that they were not to consider that statement during deliberations.

Following this decision, the prosecution’s questions revealed that, through his work, the witness identified ‘DF’ as a shorthand vanity name associated with Wellington Park, the neighborhood the defendants resided in at the time of the shooting.

The prosecution was unable to complete their line of questioning, so all parties are scheduled to reconvene and continue questioning the witness on March 7.