Defense Questions Police Handling of Evidence at a Murder Scene

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A homicide defendant’s attorney questioned the validity of the crime scene before DC Superior Court Judge Michael O’Keefe on July 25.

Bernard Matthews, 44, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, and carrying a pistol without a license for his alleged involvement in the shooting of 22-year-old Diamonte Green. The incident occurred on Feb. 16, 2021, on the 300 block of 33rd Street, SE.

The prosecution brought in a crime scene technician who described the scene as she found it, including shell casings, projectile fragments, and any damage.

In cross examination, defense attorney Marnitta King asked the witness whether or not she knew if any of the items were placed there by “an officer”.

The witness insisted that she just documents the scene as she finds it and no one but her team is allowed to move evidence.

“You don’t know who put the items on the ground?” King asked, you don’t know if someone “picked it up and placed it there.”

The witness said she doesn’t know how the items are located the way they are. She added that when a firearm ejects a casing, it flies up in the air a few feet and over to the right a few feet, bouncing around.

King also asked the witness if she collected any touch DNA from the scene. The witness said she collected “touch DNA” from the interior side of the front door. Also, known as “trace DNA,” touch DNA enables identification from a very small sample.

King questioned whose idea it was to collect touch DNA from that spot and whether a detective who arrived on the scene earlier told her to do so. The witness could not recall if the detective told her to collect the DNA or if it was a spot she deemed necessary to swab herself.

Another witness, a firearm’s expert all 12 casings that were found on the scene had very likely come from the same gun.

King brought up an online resource used by police officers called the National Integrated Ballistic Information Network (NIBIN), which the police use to compare ballistic evidence from different crime scenes. She asked if the police officers run the ballistic findings through the database and send the information to the expert to confirm a weapon in evidence.

The witness said that was not true and they never received any NIBIN report, only evidence to examine.

The parties are slated to return July 29.