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By
D.C. Witness Staff
- October 13, 2020
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On Oct. 13, a DC Superior Court judge denied a motion to release a domestic violence defendant due to medical issues.
The defendant is charged with assault with a dangerous weapon. He has been held since the charge was filed against him on June 9.
The defense’s motion was oral, not written. Judge Judith Smith said the lack of a written motion caused some confusion in the courtroom, as it was not explicitly clear what the defense wanted. There were also some communication difficulties when the defendant’s medical records were not forwarded to all parties involved in the case.
The defendant told Judge Smith how he was experiencing excruciating pain in his back due to nerve problems. He had previously received physical therapy and injections to help with his pain.
The defendant said he was not receiving adequate pain treatment at the DC Jail. He cited a 23-hours per day lockup and a hard metal bed as reasons for back stiffness and pain. D.C. Witness could not get more information about the defendant’s back problems.
However, the defendant said the DC Jail is working on locating a neurosurgeon. However, according to the defendant, the medical professionals at the jail told him it would take some time.
The prosecution expressed opposition to his release. The prosecutor also asked if the jail could provide the defendant with treatment since the medical professionals at the correctional facility are working on securing an appointment for the defendant with a neurosurgeon.
The prosecutor said he did not see any information that circumstances have changed so much to justify the defendant’s release.
Judge Smith emphasized several times during the hearing that many defendants have medical conditions, which alone is not enough to secure a release from jail. The defendant is still being held in jail.
The prosecution also put a pre-indictment plea offer on the record for the defense to consider.
The defendant’s next court appearance is scheduled for Dec. 2.
Maria Marzullo wrote this article