Defense Requests Judge Preclude Child’s Testimony

By D.C. Witness Staff - August 22, 2019
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During a status hearing Aug. 22, defense  counsel requested that a testimony of a child witness be precluded from upcoming proceedings.

James Embre, 26, is charged with felony murder, first-degree cruelty to children and second-degree cruelty to children for his alleged role in the death of 2-year-old Aceyson Aizim Ahmad on the 3400 block of A Street, SE in April of 2018. According to court documents, Embre was involved in a romantic relationship with Ahmad’s mother.

Defense counsel, Jonathan Zucker, argued that the witness, Ahmad’s sister, should be precluded from upcoming proceedings. Ahmad’s sister is the only eyewitness to the events leading up to Ahmad’s death besides Embre.

Defense counsel argued that her testimony is unreliable since she consistently changed her story. In a motion filed on Sept. 15, the defense said the distinction between the truth and a lie needs to be explained to the child because she did not understand the difference.

The defense also argues that her memory of events may have been distorted by suggestions made to her by prosecution staff. According to the defense’s motion, children are vulnerable to leading questions and suggestion.

The witness’s age was not specified in court documents.

The prosecution has not yet filed a response to the motion.

Embre is scheduled for a status hearing on Aug. 28. He is set to begin trial on Sept. 4.