Defense Points to Missing Evidence as Reason to File Motion to Dismiss

By D.C. Witness Staff - August 27, 2019
Court | Daily Stories | Homicides | Suspects | Victims |

Defense counselors told a judge Aug. 27 that they would file a motion to dismiss a murder case because of deleted body worn camera footage.

Deon Crowell, 50, is charged with first-degree murder while armed for allegedly stabbing Joni Rockingham, 53, on the 300 block of 34th Street, NE on Dec. 12, 2017.

Defense counsel, Rachel McCoy, said she along with her co-counsel, Elizabeth Weller, who was not present, would request sanctions, including a dismissal of the case, since body worn camera footage was deleted before they could see and review it.

McCoy said the prosecution emailed her on Aug 26. saying there was a “a bunch” of body worn camera footage that had been deleted and was therefore unavailable for the defense.

DC Witness previously reported that defense counsel believed the prosecution was purposefully delaying the turnover of evidence.

During an emergency hearing on Aug. 21, where the prosecution withdrew its objection to a continued trial date, DC Superior Court Judge Danya Dayson ordered both the defense and prosecution to come back to court with a list of dates of when documents were turned over.

Because of the delays, the defense filed a motion to release Crowell.

The prosecution said that timing of the document turnover should not affect whether Crowell is released or not because he is still a danger to the community.

The prosecution also said the defense did not expedite the process of turnover because they did not respond to two emails sent in April and May, respectively.

DC Superior Court Judge Danya Dayson said the lack of communication between the prosecution and defense does not relieve the prosecutions of its duties. However, she said that because of how “data heavy” the case is both parties should try their hardest to make sure the turnover process “runs smoothly.”

She said the delay did not come from gross negligence, but a break down in communication.

Judge Dayson did not want to discuss the deletion of body worn cameras because it would be a matter that would be litigated when the defense filed its motion for release.

Judge Dayson also said she was not prepared to grant Crowell’s release because she believes there were no terms or conditions that would ensure the community’s safety.

Pending the filing of the motions, an evidentiary hearing is scheduled on Oct. 4.

According to court documents, Crowell and Rockingham were associates. Rockingham was reported missing in November of 2017. Apparently, several witnesses thought she was targeted because of information she had on previous homicides.