Despite ‘Racial Disparity’ Argument Judge Denies Defense Motion to Delay Trial 

By Sofia Feigelson [former] , Belinda Miguel [former], Nakim Ryan [former] - June 4, 2024
Court | Daily Stories | Homicides | stabbing | Suspects | Victims |

DC Superior Court Judge Marisa Demeo denied a motion to delay a July trial after the defense challenged the DC jury selection process, arguing there are “stark racial disparities” in grand juries and trial panels, during a June 3 hearing.

Kenneth Wayne Stewart, 62, is charged with first-degree murder while armed and assault with a dangerous weapon for allegedly stabbing 54-year-old Courtney Jones to death on July 23, 2020 at the 2300 block of Pennsylvania Avenue, SE. 

According to court documents, the defendant allegedly stabbed the victim in a van after an argument. Stewart was found by police walking on a highway allegedly in possession of bloody knife and with pieces of flesh on his body.

At the hearing, defense attorney Dominique Winters argued Stewart is willing to jeopardize a trial date and remain behind bars based on what’s known as “the fair cross section” jury issue.

“I’m here fighting for a Black man,” said Winters, emphasizing Stewart’s race and desire for a representative jury.

Winters said her client is unwavering in asserting his constitutional rights and sent a letter on Feb. 29 to the Grand Jury Commissioner, requesting information related to the racial composition of his grand jury panel.

Winters complained juries were “severely lacking in African Americans” in the last two trials she litigated adding in one jury pool there were only 11 out of 80 Black jurors.

The case dates back to 2022 when Jason Tulley, the lead Public Defender, filed a motion,“to grant discovery of information relating to the selection of jurors during the COVID-19 pandemic to ensure that…jurors have been selected from a fair cross-section of the D.C. community.”

Depending on the outcome, dozens of convictions could be overturned on the grounds that the defendants were denied their Sixth Amendment rights to be tried by a jury of their peers. 

The DC Superior Court says it has made an unbiased effort to recruit a representative cross-section of jurors and has provided the evidence to the Public Defenders Service.

Winters also addressed Stewart’s trial dates being postponed multiple times, asserting it was “due to no fault at all” of her client. She mentioned Stewart was indicted two years after the alleged incident, and trial has been delayed largely to the 2020 pandemic.

In response the prosecution clarified, “At no point in time, has the [prosecution] had a delay on this case.”

Additionally, although the defense stated that the prosecution has “taken conflicting positions,” the prosecution argued that they have been “updating” their position as more evidence has been discovered.

Ultimately, Judge Demeo was not convinced by the defense argument about alleged defects in the jury system and denied the motion for continuance. 

She stated that although the defense could move to the Court of Appeals, she could not find significant prejudice in a grand or trial jury panels.

As well, Judge Demeo argued that delaying the trial again would serve public interest by assuring a timely trial.

The court is “supposed to resolve felony one cases within 24 months and it’s been five years now,” acknowledged Judge Demeo.

The parties are slated to return on June 14.