Judge Gives Prosecution Deadline to Respond to Defense’s Evidence Requests in Murder Case

By Mark Lu [former] , Tory Lysik [former] - June 4, 2021
Burglary | Daily Stories | Homicides | Shooting | Suspects | Victims |

A DC Superior Court judge set a June 9 deadline for the prosecution in a homicide case to respond to the defense’s discovery request for forensic evidence. 

Co-defendants Malik Hewitt and Nyekemia Everett are charged with first-degree murder while armed for their alleged roles in the shooting of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE, on April 27, 2017. 

Last August, a judge declared a mistrial in the case before closing arguments began due to the COVID-19 pandemic. The defendants are now awaiting retrial, with jury selection scheduled for June 30. 

In addition to the results of the pending DNA test, parties also discussed the admissibility of several existing pieces of evidence, including text messages, cell phone records and social media posts.

The prosecution was prepared to agree on several findings without the need to argue them in court, but the defense emphasized the need for discovery concerns to be resolved first. The prosecution said that fingerprint results were given to the defense before this hearing. 

The prosecution used a DNA test in the previous trial, which implicated Everett, but not Hewitt, Nikki Lotze, Hewitt’s defense attorney, said.

“If the new DNA results are the same as the government anticipates, that’s not going to generate any requests for continuance for additional testing by Mr. Everett,” Everett’s defense attorney, Michael Madden, said. 

Lotze pushed for an expedited response time from the prosecution on her request for forensic evidence. 

“It would be far easier to see the government’s position in writing than in conversation,” she said regarding the prosecution. Of the 18 requests Lotze filed a month ago, the prosecution has responded to half of one. Lotze also called the prosecution’s employment of another DNA test “the government farming out to alternative labs.”

The prosecution expects a return on the DNA test by June 25.

“We don’t want to be foreclosed in these stipulations for the lab’s failures and evidence collection and maintenance by having that stipulated away,” Lotze said.

The jury selection is set to take place June 30 and July 1. The trial is set to conclude on July 23. The trial will begin after jury selection and is scheduled to conclude on July 23. 

Hewitt is also charged with possession of a firearm during an act of violence, felony murder while armed and conspiracy. 

Everett is also charged with possession of a firearm during a crime of violence, unlawful possession of a firearm, fleeing a law enforcement officer, attempt to commit robbery while armed, conspiracy, and obstructing justice in this case.

The next hearing in this case is scheduled for June 18. 

Tory Lysik and Mark Lu wrote this article.