Judge Denies Defense’s 2nd Motion for a Mistrial

By D.C. Witness Staff - July 30, 2019
Court | Daily Stories | Homicides | Suspects | Victims |

During a trial July 29, defense counsel renewed a motion for a mistrial after a second witness also brought up the defendant’s prior conviction.

Gary Proctor, 41, was indicted by a Grand Jury in 2016 on charges of first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence, carrying a pistol outside a home or business and unlawful possession of ammunition. The charges were for his alleged involvement in the murder of his cousin, 47-year-old Jerome “Beanie” Diggs, on July 27, 2015, on the 1300 block of First Street, SW.

While the victim’s girlfriend was on the stand, she said she met Proctor after his release from prison.

After the woman’s testimony, defense attorney Steven Kiersh renewed his motion for a mistrial, claiming that this was the second witness to mention Proctor’s criminal past which is prejudicial towards the defendant.

Judge Danya Dayson denied the motion because even though there was reference to Proctor being in prison, there was no reference to the nature of the offense Proctor was imprisoned for.

Judge Dayson also said she would instruct the jury to not consider Proctor’s previous stint in prison as evidence in the case.

Annie Brennan contributed to this story.