Homicide Defendant Plans to Withdraw Guilty Plea

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On Nov. 9, DC Superior Court Judge Rainey Brandt discussed a homicide defendant’s wish to withdraw a guilty plea with parties.

Niko Hall, 32, was originally charged with first-degree murder while armed, two counts of possession of a firearm during a crime of violence, assault with intent to kill while armed, and carrying a pistol without a license, for his involvement in the fatal shooting of 25-year-old Anthony Lee on Sept. 26, 2020, on the 2900 block of Martin Luther King Jr. Avenue, SE.

On Oct. 3, in what was supposed to be the beginning of his trial, Hall accepted a plea offer that required he plead guilty to second-degree murder while armed in exchange for a dismissal of all other charges.

On Oct. 23, Judge Brandt received a report from Court Services and Offender Supervision Agency (CSOSA) which stated that, during his pre-sentencing report interview, Hall was not interested in participating because he wants to withdraw his guilty plea.

Marnitta King, Hall’s defense attorney, alerted the court she had met with Hall to discuss the request, and had found out the CSOSA claims were true. She also alerted the court she is in the midst of drafting a motion to withdraw the plea.

Judge Brandt stated that, under Rule 11, a judge may grant the defendant’s request to withdraw a guilty plea if they prove a “fair and just reason” for their request.

King will file a motion by Nov. 20, and the prosecutors will respond by Dec. 8.

Judge Brandt vacated his Nov. 27 sentencing hearing, and scheduled a motions hearing for Dec. 14.

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