Judge Denies Late Submission of Evidence

During a Nov. 21 hearing, DC Superior Court Judge Milton Lee denied the late submission of evidence from a prosecutor to prevent the defendant from an extensive hold in the DC Jail for an extra 18 months. 

Kirk Spencer, 27, is charged with first-degree murder while armed for allegedly shooting 49-year-old Marcus Covington on Feb. 23. 2021, at the Anacostia Metro Station located on the 1000 block of Howard Road, SE. 

The defense attorney Jacqueline Cadman said she has not received any calls from the Metropolitan Police Department (MPD) regarding a phone that was taken into evidence.  She requested all and any notes and police paperwork from MPD to be turned over, but it has not been provided yet. 

Cadman also said the only material she has reviewed was body-worn camera footage from the day of the incident.

The prosecutor requested an audit of the footage to record all time stamps noted from the day of the shooting.

“I have dealt with a late submission in evidence once before, and I can tell you that I am not going to allow that submission to be used in trial because I am not going to hold a person in jail for an extra 18 months,” Judge Lee said. “I know we are busy, but it has to get done.”

The next hearing is set for Jan. 27

Follow this case