Defense attorneys before DC Superior Court Judge Danya Dayson asked on July 21 for the release of a triple-homicide defendant after his trial was delayed until 2028.
Robert Simpson, 58, is charged with three counts of felony murder that was especially heinous, atrocious, or cruel with aggravating circumstances, assault with a dangerous weapon, simple assault, threatening to kidnap or injure a person, arson, threats to do bodily harm, and two counts of destruction of property worth less than $1,000.
The charges stem from his alleged involvement in events that led up to and a house fire that killed Ronald McKinnon, 64, Jessica Cunningham, 34, and Margaret McKinnon, 84, on the 3400 block of 23rd Street, SE on Oct. 6, 2024. In addition, Simpson is accused of threatening a fourth victim with a knife.
The prosecution motioned to delay the original trial date of Aug. 24 due to the medical issues facing a key witness. Namely, the prosecution planned to call the medical examiner that performed autopsies on the three victims to testify, but she is on leave until October.
In this motion for continuance filed on July 16, the prosecution argued the medical examiner’s testimony is particularly relevant because Margaret died a day after the fire. They asserted that the witness’ testimony is necessary for the jury to understand that the fire caused Margaret’s death.
Simpson’s attorneys, Terrence Austin and Georgia Rochon, opposed the delay. Austin alleged the prosecution knew about the examiner’s absence in early summer, and claimed they had not taken the necessary steps to find a substitute.
Judge Dayson granted the continuance, and explained that if the prosecution sought a replacement witness as Austin suggested, they would have depended on the examiner’s autopsy report. She claimed this could be grounds for a violation of the Confrontation Clause in the Sixth Amendment, which ensures defendants the right to face witnesses and cross-examine them.
Simpson’s trial was rescheduled to April 24, 2028.
As a result of the lengthy delay, Austin requested Simpson’s release, citing his dated criminal record and previous employment. The prosecution orally opposed Simpson’s release and said they would submit written opposition.
Parties are set to reconvene on Sept. 18 to discuss the defense’s motion for Simpson’s release.
