Judge Denies Defense’s Request for Grand Jury Transcript

By D.C. Witness Staff - May 30, 2018
Court | Homicides | Suspects |

On May 24, a defense attorney requested the grand jury transcript from a 2014 homicide that could be related to his client’s murder case. The request was denied.

Paul Swann, and Traveous Lamont Brown are charged with allegedly shooting Adam Edwin Barker in 2016. Swann is charged with second-degree murder while armed and Brown is charged with first-degree murder while armed.

Mani Golzari, Swann’s defense attorney, said he requested grand jury transcripts for Denzel Grandson, who is charged with allegedly shooting Barker’s uncle, Simwone K. Milstead, because the prosecution did not give him information on whether Barker was violent and had access to firearms. Both Barker and Milstead died on the 2700 block of Langston Place, SE.

“It’s a word of mouth system… We can’t operate Brady on a system where you just pass people in the halls,” Golzari said. “You have to have a system in place to share this information.” Brady requires the prosecution to disclose all information that could be favorable to the defense, according to the Public Defender Service of the District of Columbia.

The prosecutor said he could not turn over the entire grand jury transcript, but he would be willing to share portions of it.

“I can’t agree to turn over an entire case file in another case,” said the prosecutor. “If Mr. Golzari is right, we’d have to turn in anything related to any homicide in this city.” The prosecutor said the defense already received materials that could be favorable to the defendants, such as cell phone tower information and fingerprint evidence.

Even though DC Superior Court Judge Ronna L. Beck said she would not order the release of the transcript, she said judges were concerned about defense attorneys not receiving information from the prosecution.

“In our view, some of the government aren’t on the right page as to what the obligation is here,” Judge Beck said.

Swann and Brown are scheduled for a trial readiness hearing on June 13.