The defense claimed that a key witness in a homicide case lied under oath and in prior interactions with law enforcement officers in trial before DC Superior Court Judge Danya Dayson on June 1.
Alonzo Brown, 29, and Naquel Henderson, 28, are charged with conspiracy to commit a crime of violence while armed, first-degree murder while armed, four counts of assault with intent to kill while armed, and five counts of possession of a firearm during crime of violence for their alleged involvement in the fatal shooting of Michael Taylor, 22, on the 1700 block of Benning Road NE on Jan. 12, 2019.
A key witness, previously sentenced for his involvement in Taylor’s homicide, accepted a plea deal from prosecutors that required him to testify against Brown and Henderson, his former co-defendants.
In court, the prosecution asked the key witness to identify individuals in relevant photos and describe the days leading up to Taylor’s death, and after suspects were arrested.
The prosecutors showed the jury a screenshot from a FaceTime call between the witness and an individual he identified as Brown holding a firearm. The prosecution also had the witness identify Brown in another image, which portrayed him squatting over two firearms.
Judge Dayson said the jury should not consider statements about Brown’s involvement with the key witness in making judgments about Henderson.
Brown’s attorney, Steven Kiersh, and Henderson’s attorney, Lisbeth Sapirstein, both cross-examined the key witness and identified apparently contradictory statements in with his prior testimonies.
Sapirstein asked the key witness about his relationship with prosecutors and the plea agreement. She confirmed with the key witness that his sentencing guidelines for second-degree murder were 12-to-24 years but prosecutors asked for a below-guideline sentence of 11 years, which the witness received. Sapirstein also confirmed with the witness that the prosecutors in Brown and Henderson’s trial are the same prosecutors handling the outcome of his plea agreement.
Sapirstein questioned the witness’ character, asking about his relationship to a gun found in his cousin’s home in 2018. Sapirstein confirmed that, when confronted by the Metropolitan Police Department (MPD) about the gun, he denied knowing about it.
Sapirstein emphasized that the key witness also told police, “I know what to say to get around people’s minds.” The witness did not make a direct response when Sapirstein asked if he wanted to evade the gun charge and “dump it” on his cousin.
The former co-conspirator also claimed that “jail saved [his] life,” which Sapirstein called into question during cross examination. She brought up multiple instances in which the witness tested positive for substances, including opiates, cocaine, fentanyl, and amphetamines while he was on probation.
Upon release, Sapirstein confirmed that the witness violated the terms of the MPD protection program by disclosing his location to others and having unauthorized contact with friends and family. She also asserted that his child’s mother filed a protective order against him because he allegedly sent her a photo of a gun and what she believed to be a threatening message.
Kiersh also claimed that the key witness’ “memory was most likely fogged because [he was] high” when Taylor was shot. To this, the witness responded, “probably, yes.” The key witness elaborated that his memory was hazy because the incident occurred over seven years ago.
Kiersh asserted that “it doesn’t matter how long ago it was, it was a lie,” referring to previous testimony from the witness, when he claimed not to recognize anyone in the building on the day of the incident. In a more recent statement, Kiersh said the witness indicated that he recognized individuals including Taylor and Brown in the apartment building during the shooting.
Kiersh pointed out that the key witness originally claimed he spent two days in Emporia, Virginia after the incident. However, he later indicated that he left the next morning to return to the Pentacle Apartments.
Additionally, Sapirstein noted that the witness previously stated that the Northeast neighborhood is “not one he hangs in,” and he “comes from Southeast.” Sapirstein clarified that this was not true, and that because his cousins reside in Northeast, DC, the witness has spent significant time in that area.
In re-direct, the prosecution confirmed the witness that he would not risk his safety, friends, and family to tell a lie on the stand.
After the jury left, Kiersh said the defense filed for a mistrial citing the perception of fear as evidence. The prosecution attempted to clarify the key witness’ earlier testimony that “jail saved [his] life” by asking if the witness feared retaliation for his involvement in the murder of Taylor. He attempted to connect the witness’s earlier statements he was in fear; however, the judge would not allow the testimony due to a precedent banning fear as evidence and denied the mistrial motion.
The prosecution clarified that the statement was regarding the witness’s life trajectory, not threats from the defendants or their associates.
The prosecution also called before the jury an MPD investigator who patrolled DC’s fifth district and identified a person said to be Henderson both in-person and via photo.
The trial is scheduled to resume on June 2.
Mary Hutchinson, Zachary Cohen, Chloe Hokenson, Hannah Huisman, and Josh Nagy-Koechlin
