Judge Grants Motion to Compel Discovery Evidence in Murder Case

During a Dec. 7 status hearing for a homicide case, DC Superior Court Judge Milton Lee granted defense’s motion to compel evidence. 

Tony S. Aiken, 48, is charged with second-degree murder while armed for allegedly shooting Kendra Smith, 23, on the 4300 block of D Street, SE on Sept. 6, 2004.

Defense attorney Jason Tulley filed a motion to compel evidence, stating that the prosecution failed to share necessary reports and documents with the defense. 

Specifically, Tulley contacted the Blue Plains Auto Impound Lot requesting paperwork about the vehicle where the victim was shot. However, the impound lot denied his request. 

“Everything I receive, the defense will receive,” clarified the prosecution. 

The defense also requested the victim’s diary and notes from Metropolitan Police Department (MPD) detective interviews. 

Additionally, the defense filed a motion to dismiss the case, saying the prosecutor’s delay was a violation of due process. 

Defense attorney Hannah Mcelhinny argued that they do not need to present a MPD detective as an expert witness, since his notes reflect his entire understanding of the case. 

But, Mcelhinny renounced her argument, agreeing the detective should testify. 

Judge Lee set the next status hearing for Jan. 6, 2023.

Follow this case