Judge Denies Defendant’s Request to Dismiss Homicide Charges

By Madelyn Nall [former] - November 12, 2024
Daily Stories | Homicides | stabbing | Suspects | Victims |

DC Superior Court Judge Maribeth Raffinan denied a homicide defendant’s motion to dismiss charges against him during a motions hearing on Nov. 8.

James Lewis, 46, is charged with second-degree murder while armed, possession of a prohibited weapon and three counts of contempt for allegedly killing Brenea Franklin, 30, on Jan. 30, 2021, on the 1100 block of Bellevue Street, SE. 

Lewis was previously charged with first-degree sex abuse but the prosecution dismissed the charge. 

According to court documents, Lewis allegedly stabbed Franklin in the neck. Lewis was later identified by Metropolitan Police Department (MPD) officers through video surveillance footage and arrested on April 2, 2021. 

Defense attorney Mani Golzari argued that Lewis’ Brady rights— that a defendant has the right to examine all evidence that could help the defendant prove their innocence—were violated when the prosecution didn’t inform the defense about a key witness in the case. The witness, who accused Lewis of sexual assault, had allegedly lied in the past about sexual assault and has a history of mental illness. 

Golzari argued that because Lewis’ Brady rights were violated, all the charges against Lewis should be dismissed. 

The prosecution argued that because they dropped the charges of sexual assault, that witness is no longer testifying. They also argued they did not purposefully keep any information from the defense.

The prosecution also stated that Golzari has a “personal grievance” against them.

Golzari responded that he has no personal animus with the prosecution, but targued they were guilty of misconduct. Golzari stated that Lewis’s case could’ve gone differently, had they provided all the evidence. 

Judge Raffinan ruled that the evidence was favorable toward the defense, but that it was not suppressed by the prosecution. She stated that because the sexual assault charges were dropped, there is no Brady violation in this case. 

Raffinan also stated that a dismissal of the charges would not be appropriate, so she denied the defense’s motion. 

The parties are slated to reconvene Dec. 12.