Judge Allows New Expert Witness After Testimony Deadline

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During a motions hearing on April 4, DC Superior Court Judge Rainey Brandt allowed the prosecution to include a new expert witness, even though the deadline for the testimony had passed.

Alphonso Walker, 45, is charged with two counts of first-degree murder while armed under aggravating circumstances, six counts of possession of a firearm during a crime of violence, two counts of attempt to commit robbery while armed, two counts of unlawful possession of a firearm due to a prior conviction, and two counts of first-degree murder while armed while committing or attempting to commit a robbery for allegedly shooting Dalonte Wilson, 23, and Antone Brown, 44, on April 25, 2018, on the 400 block of 61st, NE.

During the hearing, the defense stated that the prosecution recently added another firearms expert as a witness in the case even though the deadline to submit expert witnesses was four months ago.

Defense attorney Prescott Loveland argued that he was not prepared for the additional witness and will not have enough time to prepare due to the trial being on April 20.

The prosecutor said the only reason they added the new witness was the defense previously requested a continuance.

The prosecutor explained that the witness she planned to call said Walker’s firearm “may” have been used in the murder. However, she said that six other experts confirmed that Walker’s firearm was the one used in the shooting.

The prosecutor also said she planned to call both the first expert and the new one during trial.

Judge Brandt said that it would be unnecessary to have two firearms witnesses and urged her to pick one.

In regards to the defense’s argument regarding deadlines, Judge Brandt explained that the court is “reasonably fluid” with regards to deadlines, and can be fluctuated.

Loveland repeated his frustration, saying he worries he will not be prepared enough due to such short notice on the new expert.

But, the prosecutor said she filed the notice 21 days ago.

The parties are scheduled to return April 6 to continue the motions hearing.

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