Homicide Defense Attorney Expresses Her Concerns With Evidence Hidden by Prosecutors

By Zakiyia Ortiz [former] - November 18, 2022
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

Defense attorney Madelyn Harvey said she was “extremely concerned” for her client and for his upcoming trial during a Nov. 18 hearing because evidence that was known to the prosecutor was being withheld and couldn’t be cross-examined. 

Ernest Cleveland, 29, is charged with second-degree murder while armed and assault with a dangerous weapon for allegedly shooting 39-year-old Edward Pearson on Nov. 26, 2020. ​​The victim was found at his apartment on the 2900 block of Connecticut Avenue, NW on Nov. 26, 2020.

Harvey argued that the case revolved around one person, identified as a subject to the crime in court documents, who could be seen in video footage from the building where the shooting occurred. 

She said the prosecution did not share crucial information regarding the person prior to the preliminary hearing, she said. 

Harvey previously filed a motion to reopen the preliminary hearing and have the person’s phone sent to experts for further investigation. 

Harvey said the person’s prior arrest history indicates that he was arrested back in April from a search warrant that was issued. The male was also found with a gun that looked like the murder weapon with ammunition and a live cartridge casing in the chamber of the gun.

Harvey also mentioned she was unaware of the person being wanted by a member of the Metropolitan Police Department (MPD) and that he was a possible suspect in this murder case. 

After reviewing transcripts from Cleveland’s Grand Jury hearing, she indicated that there are far too many discrepancies and fill-in-the-blanks that the prosecutor knows of and failed to send over.

Harvey informed Judge Okun that the person from the court documents had an ongoing issue with the victim in which he flashed a gun at the victim and threatened to shoot him before. 

“All of this is Brady! It was all hidden from me, and I’ve been trying to fill in the gaps and understand who is who. They are hiding a key person in this case who is a possible suspect and not disclosing unredacted documents with me,” Harvey said.  

Harvey also pointed out that the person lied about having a friendship with Cleveland. The fiancee of the person was also threatened by that person.

However, the prosecutor said documents were sent over to Harvey regarding the case, but some of the material she is expecting reveals what was said in the Grand Jury indictment. 

“I don’t understand the purpose of filing a protective order if the prosecutor assumes I’m going to flaunt it,” Harvey said. “I had no notice for ballistic testing, so now I’m waiting for my cross-examination. I just don’t want any more problems.”

DC Superior Court Judge Robert Okun ceased the argument between Harvey and the prosecutor and ordered all hidden and unredacted information to be turned over to Harvey.

A trial readiness hearing is scheduled for Feb. 10.