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By
D.C. Witness Staff
- June 6, 2019
Court
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Daily Stories
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Homicides
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Post Disposition
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Suspects
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Victims
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During a post disposition hearing June 5, a DC Superior Court judge ordered the Department of Forensic Sciences (DFS) to test a firearm from a 1990 murder case.
Wallace Mitchell was convicted in 1991 of first-degree murder, felony murder while armed, armed burglary, assault with the intent to kill while armed, two counts of first-degree murder while armed and possession of firearm during a violent offense for shooting Randy Nelson.
Judge Milton C. Lee ordered the test after the department’s representative voiced concerns about DFS’ accreditation and the way the evidence was handled and processed over the last 28 years.
“We haven’t been involved with this case and don’t want to be involved,” the DFS representative told Judge Lee.
The DFS representative said the department is concerned that its accreditation may be threatened since it does not represent individuals, defendants or defense attorneys. However, Judge Lee said the order came from the prosecution.
According to DC Courts, the case was continued on May 22 to give the prosecution time to find a lab to test DNA. The motion was originally filed by the defense in January of 2019.
The DFS representative said the department was also concerned with the amount of time that has passed since the convict’s trial, which could have caused problems in the way the shotgun was handled and preserved. According to Justia, a website that provides legal resources to the public, Mitchell had a shotgun and two pistols in his trunk.
D.C. Witness was unable to verify the information found on Justia. The public information officer for the U.S Attorney’s Office for the District of Columbia (USAO) couldn’t give D.C Witness details on the case to protect the victim’s rights. The USAO representative said the agency does not have documents on the case available for public consumption.
Even though other labs could have conducted the testing, Judge Lee said he specifically requested DFS test the firearm for a “particular reason.” Judge Lee also allowed defense counsel, Veronice Holt, to be present while the evidence was being tested.
Another hearing is scheduled on June 20 to discuss the forensic results.