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By
D.C. Witness Staff
- August 27, 2019
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Homicides
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During a continued motions hearing Aug. 27, a judge denied both the defense and prosecution’s requests for modifications to a murder defendant’s conditions of release.
Joseph Smith, 60, is charged with voluntary manslaughter while armed for his alleged role in the death of his 62-year-old brother, Arnold Smith, in their family home located on the 600 block of Galveston Place, SE on April 9.
DC Superior Court Judge Danya Dayson denied motions for modifications to Smith’s release because there were no new arguments from either side about why his conditions should be changed.
D.C. Witness previously reported that Smith was released to a halfway house, required to wear a GPS tracking device and test for drugs. Smith is also required to stay away from his sister and his family home on Galveston Place.
According to defense counsel, Jacqueline Cadman, Smith was not in court because he was in the hospital.
Cadman also requested that Smith be able to call his father under limitations imposed by the court.
The prosecution said a call once or every two weeks was acceptable.
Judge Dayson agreed to allow Smith to call his father under the guidelines proposed by the prosecution as long as his calls were monitored by the Public Defender Service.
The prosecution also said DNA testing began on the case’s evidence.
The defense will have to decide if the case’s DNA evidence will be tested independently at a hearing scheduled on Sept. 17.