Defense Says Prosecution Can’t Have ‘Derivative’ Evidence in Homicide Case

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Attorneys in a homicide case argued about whether or not what’s known as derivative evidence should be admissible in trial, before DC Superior Court Judge Danya Dayson on Jan. 31. 

Keyon Slaughter, 27, is charged with two counts of first-degree murder while armed, three counts of possession of firearm during crime of violence, first-degree burglary while armed and unlawful possession of firearm with prior conviction. The charges stem from his alleged involvement in the fatal shooting of Dana Bailey Jr., 38, on Dec. 5, 2022 at 3300 block of E Street, SE. 

During the hearing, the prosecution asked whether the defense would turn over derivative evidence –evidence that would normally be considered inadmissible, such as information obtained from a search or interrogation that is illegal. This is also known as the “fruit of the poisonous tree” doctrine.

Slaughter’s defense attorney, Joseph Yarbough, argued that the defense is not required to provide the tainted evidence to the prosecution. Furthermore, he said that the prosecution could potentially use it in their arguments against Slaughter.

The nature of the evidence is unclear.

Judge Dayson said she needs time to determine whether the prosecution can have access to the material.

Parties are slated to reconvene April 11.