Judge Denies Homicide Defendant’s Fourth Request for Change of Counsel

By Ben Dickson , Mackenzie Konjoyan - July 2, 2024
Daily Stories | Homicides | stabbing | Suspects | Victims |

DC Superior Court Judge Maribeth Raffinan denied a murder defendant’s fourth motion for new counsel, asserting that he has the right to be provided counsel, but not necessarily one of his own choosing. The decision came in a July 2 hearing.  

Sherman Holley, 46, is charged with first-degree premeditated murder while armed, carrying a pistol without a license, arson, destruction of property, resisting arrest, and assault on a police officer for his alleged involvement in the fatal stabbing of 53-year-old James Brooks Jr., which occurred on Jan. 15, 2023 on the 200 block of 37th Street, SE. 

According to court documents, the stabbing occurred after a conversation between Holley and Brooks. Surveillance footage shows an individual approaching and “lunging” at Brooks, who was then stabbed in the chest, shoulder and back areas. 

In a motion filed by Holley on June 24, he requested Judge Raffinan remove Megan Allburn as his attorney, stating her actions violated his right to a speedy trial.  

“Denying my Due Process and Equal Protection of the Law rights under the Fifth and 14th Amendment of the United States,” Holley wrote in his motion, alleging Allburn has failed to effectively represent him. 

Prosecution opposed the motion because the action would have resulted in his fourth counsel in this case, causing further delays. 

Holley discussed his frustrations with Judge Raffinan, stating he had been waiting for the prosecution to provide evidence from the beginning.

“I have a right to a speedy trial. I’ve been here 19 months,” Holley said. 

Judge Raffinan said she believed Allburn is competent and experienced to represent Holley fairly. 

She said Holley’s motion was misguided since the issue was not the ability of his attorney to represent him fairly, but rather scheduling issues out of her control.

Judge Raffinan denied Holley’s request for new counsel and maintained the same trial date of Feb. 17, 2026.

Parties are slated to return for another hearing on Oct 4.