DC Superior Court Judge Jason Park denied a homicide defendant’s fifth motion to delay trial on March 13.
Samuel Mack, 59, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, carrying a pistol without a license, and possession of a large capacity ammunition feeding device for his alleged involvement in the fatal shooting of 35-year-old Erica Ward on Dec. 30, 2020 on the 4700 block of Benning Road, SE.
During the hearing, parties discussed the defense motion to continue the trial, scheduled for Oct. 19, citing scheduling issues.
According to Judge Park, Molly Bunke, Mack’s attorney, was recently appointed to the case after his previous attorney left the Public Defender Service (PDS) earlier this year. However, he argued the case was not on a list that PDS provided the judges for trials that would have to be delayed due to the old attorney’s exit from the office.
The prosecution objected to the request, stating this would be the fifth continuance of the trial for a case entering it’s sixth year.
“It does seem there is a problem here, just with the lack of staffing,” Judge Park stated. He advised Bunke to go back to her supervisors and see if another PDS attorney can take over the case. If not, he stated, he would be looking to assign an attorney from the Superior Court Trial Lawyers Association (SCTLA) that backs up the PDS.
Bunke argued it would be unfair to Mack that due to circumstances that are out of his control, he’d lose the counsel he has built a close relationship with, highlighting that the second-chair, Erin Griffard, has been on the case for a while.
“I’m not blaming you, and I’m not really blaming [PDS] for the staffing issues,” Judge Park stated, denying the motion.
Parties are slated to reconvene March 19.
