Judge Grants Continuance in Co-Defendant Homicide Trial for Lack of Defense Lawyers

By Thomas Hinton , Mackenzie Konjoyan , Ben Dickson - July 3, 2024
Court | Daily Stories | Homicides | Robbery | Shooting | Suspects | Victims |

DC Superior Court Judge Maribeth Raffinan granted a defendant’s request to postpone his trial on July 2 due to an acute shortage of available attorneys from the DC Public Defender Service (PDS).

Mark Fletcher III,23, Malik Bynum, 22, and Larry White, 22, are charged with conspiracy, robbery while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, and first-degree murder while armed, for their alleged involvement in the shooting of 21-year-old Rosendo Miller. The incident occurred on the 1300 block of Brentwood Road, NE on July 2, 2021.

According to court documents, surveillance footage shows the three individuals, identified as the defendants, attempting to steal Miller’s Gucci satchel, Rolex watch, and Dior shoes. Shell casings were also recovered from the scene of the crime. 

Madalyn Harvey, Bynum’s defense attorney, filed a motion to continue the trial, stating she and other attorneys from the Public Defender Service (PDS) are unavailable for the original trial date of Jan. 27, 2025.

Neither of the co-defendants opposed the motion.

However, the prosecution objected, stating a delay would cause significant prejudice because Miller’s family is eager for the matter to be resolved and the trial date was set two years in advance to accommodate all parties.

The prosecutor explained the trial is estimated to take no longer than a week and there should be enough time to hold the trial in 2025. 

David Knight, the chief of the trial division from the PDS, was also present in the courtroom to highlight the challenges the agency is experiencing because of a shortage of attorneys. 

He said the problem is not simply occurring in the District, but rather across the country. 

Laura Hankins, general counsel for the PDS, told D.C. Witness that a one-day-a-week work furlough of PDS attorneys, which was expected to start in June, is now scheduled for July 15. If the action is implemented, it would effectively reduce trial days in the DC Superior Court from four to three, since Fridays are reserved for hearings that overflow during the week.

PDS lawyers complain their agency of 275 attorneys and support personnel is woefully understaffed and under budgeted.

“We have about a third of the amount of lawyers that we should have for murder trials,” Knight said. 

Knight pointed out most PDS senior staffers had left. The dilemma, said Knight, is that those currently at PDS have only been on the job two years and aren’t eligible to try the most serious felonies. Meanwhile, experienced staffers have full calendars.

The prosecution requested someone from the Criminal Justice Act (CJA) attorney panel be assigned to the case if no one was available from PDS. The panel consists of private attorneys who assist the PDS in representing indigent clients.

Judge Raffinan found good cause to grant the continuance and set a trial date for Dec 1, 2025 to accommodate Harvey’s schedule.

Parties are slated to return Aug. 23.