Judge Orders Lawyer to Withdraw from Homicide Case over Potential Conflicts

By Ayoola Fadahunsi [former] - July 5, 2023
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

On July 5, DC Superior Court Judge Maribeth Raffinan ruled that a defense lawyer must withdraw from participating in a three defendant homicide case.

Deandre Levy, 22 is charged with first degree murder for his alleged involvement in a mass shooting on the 5500 block of 9th street, NW on Aug. 10, 2020. Levy and two other defendants allegedly opened fire on a group of teenagers resulting in the death of 17-year-old Taijhon Wyatt.  

Prosecutors initially urged the court to remove Jonathan Zucker as Levy’s counsel to avoid the appearance of impropriety.  At issue is that one of Zucker’s other clients is a potential suspect in this case according to court documents. However, he hasn’t been charged.

Zucker stated that this is “a manufactured conflict” by the prosecution, with no evidence that his other client was involved. 

However, Judge Raffinan said she does “not think that Zucker can reasonably believe he can provide proficient, competent representation.” Judge Raffinan also said the matter can’t be properly investigated if Zucker is still participating in the case.

Judge Raffinan found the “law demands Zucker is removed from the case,” granting the prosecution’s motion. 

The prosecution’s second motion alleged another conflict of interest against Zucker. In this instance, the concern is that Zucker represented the mother of a witness in Levy’s case.

Since Judge Raffinan had already removed Zucker from the case, the motion was moot.

Subsequently, defense attorneys filed a motion requesting Levy be released from detention. 

Defense counsel maintained that Levy is now older, calmer, and is more mature. Levy has also completed three semesters at Georgetown University in an intensive program at DC Jail. Counsel suggested that compliance in educational pursuits was a proxy to compliance during release.

However, prosecutors asserted that educational compliance should not be taken into consideration, as education “does not speak on his dangerousness.”

Although Judge Raffinan stated that educational achievement should taken into account, she did not find that the change in circumstances warrants a change in his detention, denying Levy’s request for release. 

A severance hearing is slated for July 26.