Judge Delays Murder Trial

By D.C. Witness Staff - November 13, 2019
Court | Daily Stories | Homicides | Suspects | Victims |

A DC Superior Court judge granted the defense’s motion to suppress cellphone evidence on a murder defendant’s phone.

Sean Baker is charged with second-degree murder while armed for his alleged role in the Jan. 31 2016, stabbing of 35-year-old Robert Wiggins on the 300 block of 37th Street, SE. Baker, 40, is a transgender woman. 

DC Superior Court Judge Todd E. Edelman suppressed the evidence because the warrant used to obtain the cellphone’s content was too broad. There was no time limit or limits on what was specifically needed on the cellphone.

He also said there was also no probable cause at the time the warrant was created. 

The prosecution also requested that opening statements not be made Nov. 14, so several issues could be resolved.  The prosecutors said the suppression would change their strategy.

The prosecution also said there is a potential conflict of interest with Baker’s current Public Defender’s Services (PDS) counsel because she has had previous issues with PDS.

D.C. Witness reported on ethical issues with Baker’s former defense attorney, Janet Mitchell, who works with the PDS.

Apparently, Mitchell authorized law enforcement to search for the murder weapon in Baker’s apartment without discussing it with Baker first.

The prosecution said there is a possibility that if Baker is convicted, she has the potential to appeal her conviction on the basis of ineffective counsel. The prosecution requested a written waiver be signed in order to avoid any future potential issues.

Judge Edelman requested the parties reach an agreement on what the ethical issues are moving forward and that a written waiver be produced by the defense team.

Trial is scheduled to resume Nov. 14, however, opening statements are not scheduled to begin.