Judge Addresses Conflict of Interest and Evidence Suppression in Armed Carjacking Case

By Maggie Rhoads - June 28, 2024
Carjacking | Daily Stories | Suspects | Victims |

DC Superior Court Judge Lynn Leibovitz on June 27 addressed an attorney’s possible conflict of interest and motions to suppress evidence for an armed carjacking defendant’s trial that is expected to start next week. 

James Borum, 21, is charged with two counts of armed carjacking for his alleged involvement in two incidents occurring on the 1500 block of 30th Street, NW and 4700 block of Alton Place, NW on Jan. 11 and 12, 2021. 

During the hearing, Judge Leibovitz questioned Borum’s defense attorney, Quiana Harris, about a possible conflict of interest on her part. 

Harris is employed by the Public Defender Service for the District of Columbia (PDS). Before Borum had Harris as his defense attorney, he had another attorney from PDS. Judge Leibovitz said this possibly means Harris might be working to serve the interests of PDS, which could prevent Borum from getting a fair trial. 

She explained Harris might try to cover up her colleague’s “mistakes.” 

Harris said Borum could sign a waiver of ineffective assistance of counsel meaning he would recognize Harris as not working on behalf of the PDS. By signing the waiver, Harris could not appeal on the basis of not receiving a fair trial.

Judge Leibovitz brought in attorney Lisbeth Sapirstein as independent counsel to review why Borum’s attorney has a potential conflict of interest with the PDS’ goals and what signing the waiver of ineffectiveness meant. 

However, Borum signed the waiver of effectiveness after their discussion. 

During the second half of the hearing, Harris filed a motion to suppress evidence regarding statements Borum made at the scene and while in the hospital. 

Meanwhile, the prosecution brought in two Metropolitan Police Department (MPD) officers to testify about their response to the incident. The officers mainly used their body cameras, which included Forum’s statements about the location of his personal phone and comments about possible suspects.  

According to court documents, on the night of the incident, Borum allegedly stole two cars with two other suspects. The first was a black Audi on the 1500 block of 30th Street, NW and a blue Toyota on the 4700 block of Alton Place, NW. Borum also allegedly stole phones, bank cards and other valuable items from the victims.

The suspects allegedly drove the Audi into Maryland and crashed the car, causing it to turn upside down.

Borum was allegedly observed fleeing the scene on foot and apprehended by police. He was taken back to a hospital in DC.

There, according to witness testimony, medical staff found one of the victim’s phones, debit and credit cards and other valuable items in Borum’s pants pockets which were later turned into MPD.

Harris is asking to suppress statements Borum made regarding the location of his personal phone as well as other possible suspects. 

As later discovered by staff at the hospital, the phone found on Borum was allegedly owned by the carjacking victim. 

Harris said the statements should be suppressed because the MPD and medical staff questioned Borum in custody or while under arrest without giving him a Miranda warning, advising that any of his statement’s could later he held against him. 

The prosecution said the MPD officers were acting within their rights as Borum asked about his phone without being prompted and only asked him about a juvenile suspect because they were trapped in a car.

Judge Leibovitz ruled statements about the phone could not be suppressed because Borum openly asked about the location of his phone without being prompted by MPD. 

As to MPD’s questioning him about the location of another suspect, which is defined as criminalizing, without giving him his Miranda warnings, the statement was suppressed.

Parties are set to reconvene on June 28 to discuss the prosecution’s plea offer and expect to begin jury selection on July 1.