Judge Grants Motion to Preclude Some of Medical Examiner’s Images from Trial

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During an Oct. 18 hearing, DC Superior Court Judge Rainey Brandt granted defense attorney Sean Sukumar’s motion to preclude a medical examiner’s photographic evidence from the trial as well as other photographs recovered from the defendants Instagram account and his alleged deceased accomplice. 

Malik Holston, 20, is charged with first-degree murder while armed and possession of a firearm during a crime of violence in connection to the shooting of 15-year-old Gerald Watson on the 2900 block of Knox Place, SE on Dec. 13, 2018.

Sukumar argued that the prosecution chose pictures that gave off the impression of criminality. He said he sees no point in allowing those photographs to be a part of evidence. 

According to the prosecution, the witness’s testimony is significantly influenced by the photograph.

Prosecution assured Judge Brandt that the photos aren’t being used to influence the jury. The photos are just trying to provide evidence for their argument of guilt.

Judge Brandt removed two photos of the four photos the defense objected to using because of unfair prejudice. 

In regards to the 34 images, which shows the victim’s 17 gunshot wounds, 26 of the 34 will be shown to the jury during trial.

Judge Brandt described showing all 34 as “overkill” and that the prosecution can make arguments without putting on a horror show for the jury. However, Judge Brandt requested that the pictures from the autopsy be put together rather than one by one. She also asked that the victim’s face and his genitals be covered.