Judge Allows Prosecutors to Use Defendant’s Police Statements in Trial

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DC Superior Court Judge Rainey Brandt denied a homicide defendant’s motion to suppress his statements to police in trial during a hearing on Jan. 10.

Idrissa Fall, 37, is charged with first-degree murder premeditated while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a prior convict for his alleged involvement in the shooting of 29-year-old Dara Northern. The incident occurred on the 6100 block of 4th Street, NW, on July 18, 2021.

In February 2024, Fall’s previous attorney, Kevin Mosley, filed a motion to suppress his statements made to police at the time of his arrest, arguing Fall did not knowingly and voluntarily waive his Miranda rights against self-incrimination at the time of the interview on Aug. 2, 2021, and a second conversation with detectives from the Metropolitan Police Department (MPD) on Aug. 3, 2021.

His current attorney, Wole Falodun, adopted the motion.

Judge Brandt denied the motion, stating that the three-hour-long video of the interrogation on Aug. 2 showed the detectives stopping him from talking to read him his rights, which he agreed to waive in a signed document. It is unclear which specific statements the prosecution plans to admit at trial.

“Anyone can tell Mr. Fall is an intelligent man,” Judge Brandt said, stating his ability to speak not only in English but multiple other languages, despite not being born in the United States, was shown through the police interview.

Judge Brandt also credited a detective’s testimony from Jan. 3, stating he specifically testified that Fall did not seem under the influence of any substance, and that he never mentioned feeling ill, despite having a seizure in a cell-block following the interview.

She argued the video corroborated Fall was not slurring his words or struggling to get around the room at the time.

Judge Brandt also denied the motion for the Aug. 3 statement, in which Fall requested to speak with the detectives following his release from the hospital, and asked if Northern’s mother, whom they both lived with, knew of his arrest. In a recording of that interaction, Fall can be heard telling the detectives, “I feel bad about everything that happened – I want to tell [Northern’s mother] how I really feel and how sorry I am.”

Judge Brandt ruled those statements could be used against him in trial, arguing the statements were not made during an interrogation, but rather because Fall requested to speak with the detectives.

Parties are slated to reconvene Jan. 13 for jury selection.