DC Superior Court Judge Todd Edelman granted the defense’s request for mistrial in a homicide case on Feb. 13, due to lead counsel’s unavailability mid-trial because of a personal emergency.
Jakiem Miller, 27, is charged with first-degree premeditated murder while armed, two counts of assault with intent to kill while armed, aggravated assault knowingly while armed, assault with a dangerous weapon while armed, five counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with prior crime of violence, and obstructing justice for his alleged involvement in the fatal shooting of Avon Perkins, 30, on the 2400 block of 18th Street, NW, on Dec. 17, 2022.
On Feb. 9, during the fourth day of the trial, Judge Edelman informed parties and jurors that the trial would be delayed due to a personal emergency for lead defense attorney Steven Kiersh.
On Feb. 12, defense attorney Megan Allburn filed a motion for mistrial. Allburn argued that moving forward with the trial would deprive Miller of his lead counsel with whom he has built a lengthy relationship. Allburn clarified to Judge Edelman that she has only known the defendant since November of 2025.
That same day, the prosecution filed an opposition to the motion. They argued that a mistrial would impose further burdens on the prosecution, witnesses, victims, and Perkins’ family. The prosecution emphasized that 21 witnesses have already taken the time to testify, and some of them had to travel to do so.
They further argued that Miller has competent counsel in Allburn, who is an established homicide trial attorney, and could conclude the trial.
Prior to making his decision, Judge Edelman noted an aspect of this case that makes it unique from other mistrial cases is that Miller had previously raised concerns about his counsel not aligning with his goals.
During an inquiry to discuss the issue in 2025, Judge Edelman told the defendant that there are not many attorneys with the same level of experience and expertise as Kiersh. Miller decided to withdraw his motion to change counsel, and told Judge Edelman it was because of what was said during the inquiry.
Due to the nature of Miller’s relationship with his lead counsel, Judge Edelman determined that it would not be fair to continue the trial with a replacement counsel.
Judge Edelman told the court that Miller is not an object attorneys can just pass around, rather he is a person with significant interest in the case and has to continue to play a role in his own defense.
He granted the motion for mistrial.
Parties are slated to reconvene May 6.
