Judge Denies New Attorney, Withdrawal of DNA Waiver in a Homicide

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D.C. Superior Court Judge Danya Dayson denied a homicide defendant’s motions for new counsel and to withdraw a DNA testing waiver on April 14.

Kevin Singletary, 47, is charged with first-degree murder premeditated while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for his alleged involvement in a fatal shooting of Delonte Hazel, 31, on Sept. 10, 2021, on the 100 block of Kennedy Street, NW.

“I’ve been in court more times than I have seen my lawyer,” said Singletary. Also mentioning that he prays “all the time” for the relationship between him and his lawyer to improve.

Singletary made clear that he wanted new counsel, citing a lack of progress in his case, bad communication, and being uncomfortable with his attorney, Howard McEachern. McEachern noted this was not the first time his client has asked for new counsel.

“I wanted to fight my case, but I can’t fight my case if I don’t feel comfortable,” said Singletary.

Singletary claimed he only sees McEachern before they are scheduled to come into court and that McEachern says he will visit him in jail but doesn’t. Singletary noted that it feels like McEachern doesn’t have time for him.

Judge Dayson denied his request for new counsel, stating that there was no basis for the request. She also stated that if new counsel were appointed, it would make a “four year case, a five year case.”

The defense also wanted to withdraw Singletary’s waiver to independently test evidence, which included a blue medical mask and bullet cartridges.

Singletary said that he felt pressured to waive this right because he didn’t want to prolong the trial further and McEachern told him the DNA would not be ready for trial if tested independently at that time. Singletary waived his right to independent testing on Feb. 26.

Singletary also stated that he was “thrown off guard” by being asked whether or not he wanted to waive his right to independent testing.

Judge Dayson said Singletary, under oath, stated he was not pressured, felt comfortable with the help he was getting from his attorney, and understood what waiving his right meant.

Judge Dayson denied his request because the evidence has been admitted for about three years and there is no legal right to withdraw the waiver.

The prosecution noted that the trial has been delayed numerous times due to issues with DNA testing, and the judge mentioned the importance of not delaying the trial further to give the victim’s family the opportunity for closure.

Parties are slated to reconvene on April 21.