Judge faces “catch 22” in stabbing case evidence.

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DC Superior Court Judge Carmen McLean questioned her legal authority to release a defendant’s medical records for expert review during a hearing on July 30.

Shawn Dyson, 45, is charged with assault with a dangerous weapon and assault with significant bodily injury for his alleged involvement in a stabbing that took place on the 1400 block of Park Road, NW on Aug. 29, 2023.  

According to court documents, Dyson allegedly got into an argument with the victim. As the argument escalated, Dyson allegedly chased the victim down the street brandishing a knife, then slashing the victim’s left arm, leaving a large wound. 

Dyson’s sister had previously disclosed her brother’s struggles with schizophrenia and Dyson’s defense attorney, Sharon Weathers, raised concerns about her client’s mental health.

As part of the defense, Weathers had arranged for an expert to review Dyson’s mental health records in order to determine their relevance to the case.

This, however, created a challenging issue for Judge McLean because releasing records for external review before their relevance is established is beyond the authority of a Superior Court Judge. At the same time, Judge McLean admitted she is uncertain she can accurately interpret the records and established their relevance without such expert assistance

It’s a situation Judge McLean is familiar with, admitting that she is often required to make decisions without the benefit of expertise. “That’s the situation I’m in now,” she said.

Weathers offered that there was legal precedence for a judge to seek expert counsel in order to determine relevance and Judge McLean suggested possibly briefing the issue, which Weathers is prepared to consider.

Parties are slated to reconvene on July 28.