Defense lawyers claimed the prosecution failed to disclose relevant evidence in a homicide and asked DC Superior Court Judge Michael Ryan to dismiss the case on March 25.
James Lewis, 48, is charged with second-degree murder while armed, possession of a prohibited weapon, and three counts of contempt for his alleged involvement in the fatal stabbing of Brenea Franklin, 30. The incident occurred at the 1100 block of Bellevue Street, SE on Jan. 30, 2021.
Lewis’ attorney, Damayanti Desai, finished her cross-examination of a Metropolitan Police Department (MPD) detective in the investigation who revealed that police believe that Lewis was living in his van at the time it was seized.
Then in redirect, the prosecution questioned the detective about photos of the crime scene, showing it was clear Franklin had been in the van based on its contents.
Then, Desai and Lewis’ other attorney, Mani Golzari, argued their motion filed on March 17, to dismiss the case because of the prosecution’s failure to disclose relevant evidence to the defense.
Golzari claimed the “discovery seems to be coming in a drip, drip, drip” manner and not in a timely fashion. He said that when the prosecution requested surveillance videos from a property manager they “had a duty to disclose them” to the defense.
The prosecution stated they did not turn over some of the videos because they lack relevance.
Golzari argued that the defense looks for different elements than the prosecution and they cannot determine what could be relevant to the defense.
Judge Ryan said while he understands Golzari’s point, the prosecution does not have to turn over everything in their possession.
Golzari went on to explain that one of the surveillance videos was sent as a YouTube link hidden in another part of the evidence. In addition, according to Golzari, there were other videos disguised on the YouTube channel and it’s unreasonable to think he would find them.
Golzari also told the court that the videos were not turned over as required. Judge Ryan asked the prosecution to explain and they did not have a good answer but the material must have, “slipped through the cracks.”
Judge Ryan acknowledged that there were clear issues with disclosure of evidence and said he will rule on the defense motion to dismiss when the parties reconvene next week.
Desai also argued to suppress evidence that was obtained through what they believe was an unlawful detention on Feb. 24, 2021 before Lewis’ arrest. Desai stated Lewis felt he was not free to go as he was a “Black man interacting with armed officers.”
Later that day he was questioned at the police station, but Desai argued that Lewis was not initially “Mirandarized” about his legal rights when he was questioned .
The prosecution argued the police only asked Lewis “mere booking” questions before he was Merandized and under Terry Stop doctrine police had reasonable cause to briefly detain Lewis without violating his rights.
Desai also argued that the seizure of Lewis’ van and phone were unlawful under the Fourth Amendment’s protection against illegal search and seizures. Since the MPD were aware Lewis was living in the van and unauthorized entry into a home is considered the “chief evil” in violating the Fourth Amendment.
Golzari intends to file another motion to dismiss on the grounds of prosecutorial misconduct.
Parties will reconvene on March 31 to continue to discuss motions.
