Judge Denies and Defers Defense Motions in Carjacking

By Lily Engel - June 27, 2024
Carjacking | Daily Stories | Suspects |

DC Superior Court Judge Lynn Leibovitz denied and deferred motions from the defense in a carjacking case on June 26. 

James Borum, 21, is charged with three counts of armed carjacking while armed, three counts of possession of a firearm during a crime of violence, receiving stolen property worth $1,000 or more, and conspiracy for his alleged involvement in a carjacking that occurred on the 1500 block of 30th Street NW, on Jan. 11 and 12, 2021. 

Defense attorney, Quiana Harris, filed a motion claiming the prosecution mishandled evidence.

During the hearing, she said AirPods and an eyeglasses case were found but destroy before they were tested for physical evidence.

She argued that the AirPods owner, who could have been determined from iCloud information, could have revealed another suspect in the carjacking. 

Judge Leibovitz dismissed the motion, saying the loss of the evidence is “mere negligence” not “gross negligence”, and would have a low impact on the trial when looking at guilt or innocence.

There was also a black puffy coat and black pants that were taken from the defendant’s hospital room and later lost at the police department. 

Judge Leibovitz deferred ruling on this piece of evidence until the prosecution makes every effort to find the items. 

Harris also filed a motion citing what she called the Metropolitan Police Department’s (MPD) failure to preserve evidence. According to Harris, black socks were found in one of the cars that was stolen. 

The victim called the MPD but officers never came to pick up the socks.  Harris said the socks should have been in police custody and ready to be tested. 

Judge Leibovitz denied the motion and said the black socks, which looked unused, have a low exculpatory value on the trial. 

Additionally, Harris introduced a motion to dismiss the indictment based on false testimony. She argued that police grand jury testimony made got the car model wrong when testifying about a key fob. 

Judge Leibovitz denied the motion, noting that the MPD officer later corrected himself when talking about the car model of the key fob after checking his notes.

Finally, Harris moved to exclude parts of  911 phone calls by the victims. She argued the calls were not made in urgency, as you can hear the victims pausing to reflect on answers. 

Judge Leibovitz admitted parts of the calls that include identification, but deferred ruling until she can listen to the tapes fully

The parties are scheduled for trial on June 27.