Judge Appoints New Attorney for Murder Defendant

By D.C. Witness Staff - November 16, 2019
Court | Daily Stories | Homicides | Suspects | Victims |

During an ascertainment of counsel hearing Nov. 15, a murder defendant received new counsel.

Gary Proctor, 41, was convicted of first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence and carrying a pistol outside a home or business on Aug. 1. The charges were for his alleged involvement in the murder of his cousin, 47-year-old Jerome “Beanie” Diggs, on July 27, 2015, on the 1300 block of First Street, SW.

DC Superior Court Judge Danya Dayson said she had received a letter from Proctor, which she interpreted as a request for new counsel.

Proctor is now represented by Betty Ballester. The defendant’s former defense attorney was Steven Kiersh. Both attorneys are with the Public Defenders Service of DC.

On Sept. 30, Kiersh filed a motion for a new trial, citing problematic arguments made by the prosecution, including one in which the prosecution described the strength of the case as being like a seesaw with one big kid at one end and smaller kid at the other.

Kiersh said the description made it sound as if the defense’s burden equals that of the prosecution, when in fact the burden is entirely on the prosecution.

Ballester did not indicate if she wished to continue with the motion. It was not said in open court why Proctor did not wish to be represented by Kiersh any longer.

Proctor is scheduled for a status hearing on Dec. 2