Defense Requests Time to Review Alleged Sex Abuser’s Motions

By D.C. Witness Staff - April 9, 2021
Court | Daily Stories | Homicides | Suspects |

A DC Superior Court judge granted a defense attorney’s request to continue a mental observation hearing, so he could have more time to review two motions his client recently filed on his own behalf.

The defendant is charged with armed kidnapping, first-degree sexual abuse while armed with a dangerous weapon and assault with a dangerous weapon. He allegedly committed these crimes on Sept. 23, 2012. 

On March 23, the defendant filed a motion to replace his attorney, Andrew Ain. In it, he wrote that he and his lawyer are “unable to work together.”

The next day, he filed another motion in which he appears to ask that the prosecution re-test DNA evidence in his case “until a conclusive result can be established.”

The Department of Behavioral Health (DBH) found the defendant competent to stand trial in February, but the defendant contested the findings.

He was seen by an independent doctor. According to DC Courts, there are plans for the doctor to see the defendant again in order to give a report on his competency. 

Judge Dayna Dayson did not give an opinion on the defendant’s competency during the April 9 hearing, but scheduled the next mental observation hearing for Sept. 9 to give parties time to receive all evidence and review the motions.

The recent motions are two of eight that the defendant has filed on his own behalf throughout the course of his case. Last July, D.C. Witness reported that the defendant wrote a letter-writing campaign to the court to argue for his incompetence to stand trial. He wrote five letters to the judge.

During a hearing at that time, the prosecution said his letter-writing campaign, in which he argued for his case’s dismissal, proves that he is able to understand the case.

Judge Michael Ryan said the staff at St. Elizabeth’s Hospital, DC’s psychiatric institution, noticed that Evans can purport his behavior when he wants to comply with treatment.

Sarah Gebrengus wrote this article.