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By
D.C. Witness Staff
- March 8, 2021
Daily Stories
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Homicides
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Suspects
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Victims
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On March 8, a DC judge rejected defense counsel’s motion to suppress identifications made by two officers in relation to a juvenile who is charged with murder.
The juvenile is charged with first-degree murder while armed for allegedly shooting 36-year-old Antonio Gardiner on July 4, 2020. The juvenile is currently being held under the supervision of the Department of Youth Rehabilitation Services (DYRS).
During the hearing on March 8, defense counsel provided additional arguments about suppressing the second identification that occurred on Feb. 9 by the same two officers who identified the juvenile on July 4.
During arguments, defense counsel made many of the same points, saying the ID process was suggestive and unreliable, re-stating some testimony from Feb. 22.
The prosecution said the two officers’ relationships with the juvenile are very similar to having a neighbor where you may not recall specifically when you last saw them, but you know them by name and would recognize them if you saw a picture or video of them.
Once she heard arguments from both parties, DC Superior Court Judge Andrea Hertzfeld said she found the “identifications in this case could not be more reliable.”
Judge Hertzfeld acknowledged that some inconsistencies were brought to light through the additional testimony from other MPD officers, but she said it is clear that the officers know the juvenile and were not persuaded to identify the juvenile when they reviewed the video footage on July 4, 2020, or the additional video footage on Feb. 9.
Additionally, she ruled on the motion from the defense to not join the juvenile’s pending homicide cases at trial.
She said the two cases arise from facts that would allow joining, but the juvenile has agreed to a virtual trial in his other case but not case for Gardiner’s homicide.
Judge Hertzfeld said both cases would be delayed if they were joined.
The judge scheduled the next hearing in both cases for April 15 with a tentative remote trial start date of May 3 for the other case.
Darnell Rackett is charged with second-degree murder while armed in Gardiner’s death. He is scheduled for a mental observation hearing on March 30.
He is being held at the DC Jail without bail.
Read D.C. Witness’ previous articles on this case.
Krystin Roehl wrote this article