Judge Denies Defense Request to Drop Charge

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Defense counsel’s closing argument in a murder trial centered largely on circumstantial evidence. A key piece of disputed evidence is from a cell phone. 

Jean-Paul Kearney, 36, is charged with second-degree murder while armed for allegedly shooting 33-year-old Dontra Harris on April 4, 2021, on the 1800 block of 24th Street, NE. 

On March 21, Defense attorney Michael Madden requested the obstruction of justice charge be dropped because “there is no evidence for which the jury could reasonably infer that Mr. Kearney knew or even should have known that there was some sort of evidence on that phone”. 

In court, prosecutors played phone audio between Kearney and his mother. In the call, Kearney repeatedly says to his mother “Ask Siri to find my iPhone” which suggests that he attempted to get rid of personal information with the help of his mother’s help.

In the audio, the mother also says “you are saying too much on this phone.”

The defense’s motioned to drop the charges was denied. 

Both parties are set to reconvene on March 22.

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