Judge Orders Prosecution to Turn Over ‘Un-redacted’ Evidence to Defense in Homicide Case

By Izabella Apodaca [former] - October 18, 2023
Daily Stories | Homicides | Suspects | Victims |

On Oct. 18, DC Superior Court Judge Rainey Brandt stood by her previous order that the prosecution needs to turn over unredacted–that is complete–video evidence to the defense, in a homicide defendant’s case.

Roshella Williams, 49, is charged with second-degree murder, for her alleged involvement in the murder of 64-year-old Derek Hamilton on May 29, on the 3900 block of 4th Street, SE. Hamilton succumbed to his injuries on June 1. 

Williams’ defense attorneys, Kevin Mosley and Terrence Austin, requested that unredacted video evidence to be turned over to the defense because they are unable to see the faces of some of the individuals in the videos who are responding to police questions.

Mosley asserted that this matter had already been settled in a previous hearing and that the judge already ordered the change, but the prosecution has yet to comply. 

Mosley stated that the redacted information falls under so-called Brady stipulations and therefore must be turned over by the prosecution. Brady stipulations require that any exculpatory or impeaching evidence that favors the defendant, must be turned over to defense counsel. 

The prosecution stated that they would like defense counsel to point out specific places in the video evidence needs to be un-redacted in order for them to be able to remove the black boxes covering individuals’ faces. The prosecution also stated that they are unclear as to why they are being required to turn over unredacted information prior to indictment. 

Judge Brandt stated that the defense needs to be able to see what people said to police when questioned. She stated that the prosecution should “err on the side of caution for information that is Brady or not Brady, and just turn it over”. Then she stood by her original decision and ordered that the prosecution must turn over un-redacted video footage to the defense. 

Mosley also alerted the court that the defense plans to file a motion to request release conditions for Williams, due to her deteriorating health. Mosley stated that Williams has been re-diagnosed with cancer and she needs to be able to receive proper treatment and medical care. 

A motions hearing is scheduled for Nov. 9.