Delays in DNA Testing May Cause Issues with Trial Date

During a status hearing on Feb. 17, DC Superior Court Judge Robert Okun addressed the defense’s concern over DNA testing and the effect it could have on the trial date.

Malachi McFarland, 23, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for allegedly shooting Kerry Odoms, 29, on April 15, 2021, on the 3300 block of 10th Place, SE. 

Odoms was allegedly shot by McFarland and another individual after surveillance footage shows them with a larger group hanging out in a parking lot. 

Footage also shows Odoms searching through McFarland’s vehicle and putting on a jacket that had been in the car. 

After McFarland allegedly shot Odoms multiple times, another individual came up and continued shooting. 

During the hearing, the prosecutor said she sent over a list of evidence that she plans to use at trial, which the defense had been waiting on.

The prosecutor also said she received a USB drive containing phone data from the FBI this morning and will send a copy over to the defense.

The prosecutor asked for a private conversation excluding the defense, between her and Judge Okun to discuss why some information has yet to be provided to the defense, which could relate to DNA evidence.

Defense attorney Jacqueline Cadman expressed concerns with the upcoming trial date since the defense has still not been able to conduct their own DNA testing with an independent party.

Cadman said that she was unsure if the trial, which is scheduled for November, would still remain on track due to the amount of time the defense would get with the DNA samples.

Judge Okun scheduled a status hearing to determine a more accurate estimate on whether or not the trial should need to be rescheduled. 

The parties are scheduled to return April 14.

Follow this case