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By
Jeff Levine
- January 8, 2025
Daily Stories
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Homicides
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Shooting
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Victims
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DC Superior Court Judge Danya Dayson preliminarily ruled on Jan. 6 that a defense lawyer in the Murder trial of Aaron Murchison must recuse herself based on a conflict of interest.
The ruling came after the prosecution discovered that Paige White previously represented a client who is a potential witness in the Murchison matter.
Murchison, 28, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict for his alleged involvement in the fatal shooting of 32-year-old Jamontate Brown on Oct. 16, 2022, on the 2500 block of Pomeroy Road, SE.
Judge Dayson said that even if the parties agreed to waive the conflict it would not be sufficient to resolve the problem. The prosecution said they may call the witness to provide rebuttal testimony. In effect, White could be put in the potential position of representing both clients who may have competing interests.
“Ms. White hasn’t done anything with ill intent,” said Judge Dayson.
In response, lead counsel for Murchison, Kevann Gardner, filed an emergency motion countering the prosecution’s claims.
“The government refused to give Ms. White the basis of a potential conflict and simply rested on her past limited representation of the witness in an unrelated matter,” wrote Gardner. He said the prosecutor was simply using the issue as a pretext to further postpone the longstanding case.
Judge Dayson said it doesn’t appear, “The government is trying to manufacture a conflict of interest to prevent a competent defense attorney from sitting at the defendant’s side.”
“It’s a waste of time to keep discussing this,” said the prosecutor.
For her part, White suggested the possibility of “building a firewall” between herself and Gardner, to moot the conflict issue. However, Judge Dayson said that was impractical given that there are only two lawyers on the defense team.
The judge said she might reconsider her ruling but “don’t count on it.”
Given that the trial date is set for Jan. 21, Gardner said he found the situation “incredibly frustrating” in what amounts to getting a new co-counsel at the last minute.
The prosecution suggested getting an attorney from a pool of lawyers designated to represent indigent defendants apart from the Public Defender Service (PDS). But, speaking as one of the group, White said her members are already “overloaded” with cases.
Last November, D.C. Witness published two articles documenting the “untenable” situation facing panel attorneys given the increasing number of clients and shrinking availability of lawyers willing to represent them.
The next hearing in the case is on Jan. 10.