Incomplete Files Push Medical Examiner’s Testimony Back

By D.C. Witness Staff - November 26, 2019
Court | Daily Stories | Homicides | Suspects | Victims |

A medical examiner was supposed to testify in a murder trial Nov. 25 but could not because her evidence file was incomplete. The examiner, who performed Wiggins’ autopsy, was supposed to testify to Wiggins’ cause of death.

Sean Baker, 40, is charged with second-degree murder while armed in the Jan. 31 stabbing death of 35-year-old Robert Wiggins on the 300 block of 37th St., SE. Baker was initially charged with assault with the intent to kill. Baker is a transgender woman.

The medical examiner will be allowed to testify on Nov. 26, after the prosecution inquires about the missing pages with the Chief Medical Examiner’s Office.

However, Baker’s defense team objected to the examiner’s testimony, saying they only received 30 pages of a report that was more than 170 pages long.

The defense team said the missing pages could raise issues with their cross examination strategy because there could have been pertinent information in those shredded files.

To explain the missing pages, the examiner said she shredded documents that she deemed unimportant to give her expert opinion in this case.

DC Superior Court Judge Todd Edelman denied the defense’s motion to exclude the examiner’s testimony.

He said he could fault no one but the medical examiner’s office.

However, Judge Edelman said the defense team could use the missing documents as a strategy during their cross examination.

In addition to calling the medical examiner, the prosecution also played a witnesses’ testimony on video because he could not appear in court due to his severe medical illness.

In the video the witness said he found the alleged murder weapon on March 11, 2016, when he was breaking down a red couch as part of a cleaning job on the 300 block of 37th Street, SE.

The witness described hitting the couch with an ax several times and suddenly a bloody kitchen knife fell from the couch. The witness said he immediately alerted law enforcement.

A Metropolitan Police Department officer also testified about a domestic call he responded to involving Baker and Wiggins.

He said Wiggins called the police saying he was being followed by a man with a knife, but when the officer arrived at the scene Wiggins said it was a lie.

The officer also testified that Baker had been bleeding around her mouth. He said Baker said she fell on the ground.

The defense team asked the officer if he investigated the claim any further and the officer admitted that he had not.

Baker’s trial is scheduled to continue on Nov. 26.

Danuellys Diaz wrote this story.