Defense attorneys for a murder defendant argued with the prosecution about pre-trial motions before DC Superior Court Judge Neal Kravitz on Sept. 19.
Joseph Smith, 67, is charged with second-degree murder for his alleged involvement in the stabbing death of his 62-year-old brother, Arnold Smith, in their family home on the 600 block of Galveston Place, SE on April 9, 2019.
Smith is set to go to trial on Dec. 1.
Defense attorneys Molly Bunke and Joseph Yarbough filed several motions, including to suppress statements made by the defendant and DNA evidence from a cheek swab.
They argued that the statements the prosecution intends to use to prove previous bank fraud would violate the defendant’s Fifth Amendment right to remain silent. They also argued that the DNA evidence was collected based on alleged consent, not a warrant, which violates his Fourth Amendment against illegal search and seizures right if used in trial.
The prosecution also wants to question the defendant during cross examination about the alleged bank fraud and statements that may have included threats against the victim.
Yarbough argued that there is not clear and convincing evidence to include questioning about the threats and asked for three weeks to file a motion to preclude the cross-examination.
Parties are slated to reconvene to further discuss these matters on Nov. 7.
