DC Superior Court Judge Todd Edelman allowed a deposition of a forensic DNA technologist despite the defense’s written objections in a first-degree murder case on July 14.
Alberto Valle Carranza, 57, is charged with premeditated first-degree murder while armed for his alleged involvement in the fatal stabbing of 31-year-old Reyna Garcia Lopez. The incident occurred on Dec. 19, 2023, on the 1200 block of 11th Street, NW. According to court documents, Garcia Lopez sustained over 30 lacerations.
Judge Edelman allowed the deposition even though he said Valle Carranza is “presently incompetent” to stand trial. To be competent to stand trial, a defendant must understand the legal process and be able to help their lawyer with the case.
According to court records, the Department of Behavioral Health (DBH) has previously found Valle Carranza both competent and incompetent over five mental competency examinations.
The forensic technologist who analyzed secondary DNA evidence in Valle Carranza’s case is moving abroad and said it would be “difficult if not impossible” to return to the US to testify. Judge Edelman acknowledged the potential effect her testimony could have on Valle Carranza’s case, granting the deposition out of an “abundance of caution.”
According to court documents, defense attorneys Andrew Ain and Julie Swaney objected to the deposition by arguing it violated the Sixth Amendment Confrontation Clause and the Fifth Amendment Due Process Clause.
The Sixth Amendment grants a defendant the right to confront witnesses against them. The Fifth Amendment guarantees a defendant receives proper legal proceedings before being deprived of life, liberty or property.
In their objection, defense attorneys wrote the witness’ testimony may “exclude[s] Mr. Valle as a contributor to DNA found on the [victim].” Defense weighed the benefits of this including this testimony, against the harm caused by the Fifth and Sixth Amendment violations.
The defense concluded the deposition should be held, but plans to questions its legality “in the unlikely event Mr. Valle is ever deemed competent to stand trial.”
Parties are scheduled to meet for a mental observation hearing on Aug. 7.
