Judge Holds Defendant

By D.C. Witness Staff - July 16, 2020
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A DC Superior Court judge held a defendant awaiting sentencing for attempted robbery.

On March 2, David Blake, who is also known as David Smith, pleaded guilty to attempted robbery for an incident that occurred at a pharmacy on the 300 block of 40th Street, NE on Jan. 10.

He was released awaiting sentencing on March 26 under the High Intensity Supervision Program (HISP). However, he received several notices of noncompliance with his release conditions. 

In a subsequent hearing, Judge Michael O’Keefe said he would revoke the defendant’s release conditions, but gave him extra time to get his affairs in order. The judge told the defendant that once he stepped back, he could receive additional jail time at his sentencing. 

However, Blake continued to receive notices of noncompliance, prompting Judge Gerald Fisher to detain him during a July 16 hearing.

The prosecution said GPS tracking records show he violated the rules of his home confinement.

Defense attorney Rachel Cicurel said she only received the records two days ago and was denied an evidentiary hearing, which prevented her from contesting the evidence against her client.

She also asked that Blake not be detained, saying his pneumonia makes him more vulnerable to the effects of COVID-19.

When asked why Blake was outside his residence multiple times, the defense said he had to shop for groceries and take short walks due to his health.

“He’s not done anything wrong, he always charges his GPS,” said Cicurel.

Judge Fisher was not convinced, saying the defendant always leaves home for two to three hours, which was far too long.

Blake is scheduled to be sentenced on Aug. 3.