Judge Grants Homicide Defendant’s Motion to Amend Protective Order for Cell Phone Records

By Adriana Marroquin - April 30, 2024
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

A homicide defendant’s attorney filed a motion to allow a defendant access to a witness’ cell phone records outside of the Public Defender Services’ (PDS) office, before DC Superior Court Judge Maribeth Raffinan.

Desmond Gaskin, 38, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm by a prior convict, tampering with physical evidence, first-degree theft, and destruction of property, for his alleged involvement in the fatal shooting of 40-year-old William Whittington Jr. on July 19, 2022, at the 400 block of Burbank Street, SE. 

On April 30, Jason Tulley, Gaskin’s defense attorney, orally motioned for Judge Raffinan to amend a protective order previously issued by the prosecution that prevented Gaskin from taking a specific piece of evidence outside of the PDS’ office. 

Tulley argued that Gaskin, who has been on release and compliant since February 2023, would benefit from having access to a witness’ cell phone extraction to assist the defense team in their preparations for trial. He argued he should be able to review the evidence when he wants it at home. 

However, the prosecution opposed, stating that as part of the cell phone extraction, the witness’ personal identifying information, including social security number, date of birth, and passwords, among other information, is visible and could be dangerous if Gaskin has access to it. 

Tulley argued there is “no cause, no animosity, and no concern” to think Gaskin would release the information or use it for anything other than help in trial preparation. 

He argued Gaskin will “remain a positive member of the community,” and is willing to follow all requirements that will allow him access to the evidence. 

Judge Raffinan allowed Gaskin access to the extraction, but ordered him to not disseminate it or any sensitive information to anyone outside of the defense team, and reminded him that the document should be kept in a safe area. 

Parties are slated to return July 19 to discuss results for the prosecution’s testing of DNA evidence.