DC Superior Court Judge Danya Dayson dismissed a defense request for a mistrial in a co-defendant homicide retrial on June 2.
Alonzo Brown, 29, and Naquel Henderson, 28, are charged with conspiracy to commit a crime of violence while armed, first-degree murder while armed, four counts of assault with intent to kill while armed, and five counts of possession of a firearm during a crime of violence. The charges stem from their alleged involvement in the fatal shooting of Michael Taylor, 22, on the 1700 block of Benning Road, NE on Jan. 12, 2019.
Henderson’s attorney, Lisbeth Sapirstein, argued that when a key witness for the prosecution said in front of the jury the prior day that “jail saved my life,” he made the jury aware of alleged threats against his life during in jail. The prosecution argued that by asking him to clarify what he meant by that statement, he explained jail altered the trajectory of his life for the better, thus preventing the jury from hearing potentially prejudicial testimony.
Judge Dayson dismissed Sapirstein’s motion for a mistrial because the prosecutors clarified the witness’s comment.
The prosecution and defense also debated the use of certain jail calls to the defendants in the trial. Defense attorneys for both Henderson and Brown argued that under Estelle v. Williams, which establishes that defendants may not appear before a jury wearing a jail jumpsuit, prosecutors could not show video calls from the jail because both men are clearly wearing jail attire. Parties agreed to play some of the calls but struck certain clips which Judge Dayson said lacked probative value.
A surveillance center monitoring specialist from the DC Department of Corrections (DOC) took the stand. The prosecution asked the witness how visitors and inmates use the calling service provided by a third party. The prosecution played jail phone calls of Henderson referencing two alleged associates of the Pentacle Apartments, a site linked to gang-related turf wars.
Then, they played the videos, in which Henderson is seen making hand gestures and a child sitting on the lap of an adult makes similar gestures. He tells the child, “tell mom to drive safe.”
The prosecutor then presented autopsy photos to the jury, addressing the findings of the medical examiner who performed Taylor’s autopsy and described his exit wounds. One, on the left heel, indicated that the victim was in motion, possibly running away. The examiner concluded the incident was a homicide.
Brown’s attorney, Steven Kiersh, called Brown’s mother to the stand, who said she has not attended any of the previous hearings in the trial. Brown’s mother confirmed knowledge of a key witness and former co-defendant but said he did not stay in her home despite his testimony that he did. She said she knew him for a couple of years, but only saw him outside of her building.
The prosecution then asked Brown’s mother about another former co-defendant, and Kiersh objected. The prosecution asked if Brown’s mother would do anything for her children and she said yes. Kiersh confirmed that didn’t mean she would lie in court.
Julie Swaney, Henderson’s other attorney, then called, a cousin of Brown’s, and confirmed he also knew also the same former co-defendant. Brown’s cousin also confirmed he knew another former co-defendant.
The prosecution’s rebuttal consisted of footage of a single video visit that Brown had while he was incarcerated. In the footage, Brown can be heard saying that he loves the key witness.
The jury was then excused until closing arguments, set for the following day.
The parties are slated to reconvene on June 3.
