Homicide Defendant Waives Right to Independent DNA Testing

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A homicide defendant waived his right to independently test DNA evidence during a Sept. 20 hearing before DC Superior Court Judge Rainey Brandt.

David Pena, 47, is charged with second-degree murder while armed, two counts of possession of a firearm during a crime of violence, assault with a dangerous weapon and unlawful possession of a firearm. Pena’s charges stem from his alleged involvement in the fatal shooting of 24-year-old Maurice Robinson on the 3000 block of 30th Street, SE, on June 12, 2023. Robinson later succumbed to his injuries in a local hospital.

Dana Page, Pena’s defense attorney, told the court during the hearing he would waive his right to independently test any of the prosecution’s DNA evidence in his case.

The prosecution said the scope of the physical evidence in the case is limited, explaining most of the evidence remains on the victim’s clothes. The prosecution further stated that they would not DNA test the evidence.

When Judge Brandt informed Pena of his rights and the rights he was waving through removing the opportunity to independently test for DNA evidence, Pena said, referring to the limited scope of evidence, “If I’m not mistaken, there’s nothing to test.”

Parties are slated to reconvene Jan. 16, 2025.