Heated Debate Breaks Out Between Prosecution and Defense Over Homicide Defendant’s Alleged Substance Abuse History

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DC Superior Court Judge Maribeth Raffinan denied the defense’s motion to remove driving restrictions placed on a murder defendant due to an ambiguous mental health and substance abuse assessment.

On Sept. 2, 39-year-old Archie Moore was arrested and charged with second-degree murder, driving under the influence, and reckless driving after a high-speed crash on the 200 block of 51st Street, SE resulted in the death of 60-year-old Rebecca Manley.

In the Oct. 28 hearing, Judge Raffinan reviewed pretrial reports that detailed Moore’s compliance with pretrial release conditions, aside from one unreported drug test, and that Moore completed a mental health assessment that recommended outpatient treatment which he declined.

In discussion of the defense’s motion to remove the defendant’s driving restrictions, the prosecution and defense heavily disputed Metropolitan Police Department (MPD) body camera footage and EMT statements recorded in the aftermath of the incident that point to a history of substance abuse.

The prosecution, in opposition to the motion, said the defendant’s admission to hospital staff to having taken PCP and marijuana as well as his regained verbal coherency after taking Narcan was evidence of a history of substance abuse.

The victim’s daughter said that if the defendant has drug issues, then “driving should be out of the question.”

Defense attorney Roderick Thompson argued that the prosecution denied the opportunity of a preliminary hearing to discuss this evidence, and that EMT statements also pointed to a head injury to describe the defendant’s symptoms.

Thompson emphasized that in consideration of Moore’s three negative drug tests this past month as well as his overall compliance with pretrial release conditions, the driving restrictions should be lifted, especially since it is Moore’s primary mode of providing for his family.

Judge Raffinan denied the motion to modify release conditions because of an unclear understanding of the mental health assessment’s reasoning behind the treatment recommendation. While the defendant has tested negative for several drug tests, Judge Raffiinan said she was not inclined to change the conditions until a more thorough understanding is obtained.

As the hearing came to a close, the defense said the prosecution has yet to file a search warrant of the crime scene evidence despite possessing it for over six weeks.

The prosecution’s failure to delineate between personal property and necessary evidence has left Moore without crucial personal belongings, Thompson said.

The hearing to revisit the motion is set for Nov. 7.