Judge Allows Parties to Determine if Key Witnesses Can Testify Via Video

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A DC Superior Court judge allowed the defense and prosecution to decide whether it would be an issue for a key witness to testify by video.

Nyekemia Everett, 35, and Malik Hewitt, 40, are charged with first-degree murder while armed in the death of 37-year-old Christopher Heard on April 27, 2017, on the 2300 block of Ainger Place, SE. 

On April 14, the prosecution mentioned the witness is now able to fly; however, there are still obstacles including proper quarantining and other issues that will need to be handled. 

Both defense attorneys; Michael Madden and Nikki Lotze decided they will consider the admission of live-video testimony rather than in person, to avoid the extra obstacles.

D.C. Witness previously reported that in a March 18 proceeding; the prosecution raised the issue with the witness, who lives in San Francisco. The prosecutor said the witness is unwilling to fly to testify in court due to the pandemic. 

Everett has 12 additional charges that consist of an attempt to commit robbery while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, fleeing a law enforcement officer, and obstructing justice.

Hewitt has five additional charges, which include conspiracy, attempt to commit a robbery while armed, and possession of a firearm during a crime of violence.

Judge Milton Lee said jury selection is scheduled to begin on June 30 and last through July 1.

Sarah Gebrengus wrote this article.