Defense Requests Permission to Question Witness’s Mental Health

Before counsel begins arguments in a murder trial, the defense lawyer asked a DC Superior Court judge if he could ask questions about a witness’s mental health.

Gary Proctor is charged with first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence, carrying a pistol outside a home or business and unlawful possession of ammunition for allegedly shooting Jerome Diggs, 47. The crime took play on the 1300 block of First Street, SW in 2015. Proctor, 41, is the victim’s cousin.

According to the prosecution’s findings, one of the witnesses, who is testifying during trial, has a history of mental health issues and auditory hallucinations. This witness allegedly made a statement saying she heard someone tell her that Proctor killed the victim. 

Defense attorney, Steven Keirsh, said he would like to question the witness about how the auditory hallucinations could have impacted her statement about the alleged  accusation she heard. 

However, the prosecution told the  judge that the witness has not experienced hallucinations since 1990.  

Judge Dayna Dayson told defense counsel he could only question the witness’s mental health history if he makes a relevant connection to Diggs’ murder.

Opening statements are scheduled to occur on July 22.