Judge Denies Prosecution’s Request to Use Preferred Private Lab for Testing Evidence in Murder Case

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A DC Superior Court judge denied the prosecution’s request to use their preferred private laboratory to test evidence in a homicide case.

Robert Green is charged with first-degree murder while armed for allegedly shooting 43-year-old Andre Junior on the 1500 block of Park Road, NW, on March 15, 2018. The 30-year-old defendant is scheduled to go before a jury in February 2022.

According to court documents, in March 2020, a judge ordered that specified evidence should be turned over to a defense contracted laboratory for independent DNA testing. The evidence was transferred to Bode Technology, a private forensic DNA laboratory based out of Virginia, the following month.

Last month, a judge ordered that the prosecution’s evidence be returned to the defense, so they could test it at an independent laboratory. The prosecution reached out to defense counsel asking if there was a problem with using Bode Technology. The defense said there was a problem.

When parties convened to discuss the matter on Aug. 12, defense attorney Mani Golzari said he previously told the prosecution that the defense had intended to use Bode Technology for independent DNA testing. Golzari said the prosecution’s use of this lab would create a conflict because they’ve discussed testing strategies with Bode Technology before.

Despite this, Bode Technology previously stated that there would be no conflict, according to court documents.

The prosecution told Judge Marisa Demeo that they reached out to another lab after learning about the defense’s objections but would prefer to use Bode Technology because it would be less costly and more convenient.

Judge Demeo ultimately denied the prosecution’s request to use Bode Technology, citing concerns over the defense’s previous conversations with the company about testing strategies.

Green is also charged with unlawful possession of a firearm with a prior conviction and possessing a firearm during a crime of violence.

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