DC Superior Court Judge Jason Park heard arguments from both parties regarding the defense’s motion to compel the release of outstanding DNA evidence on March 4.
Dion Lee, 26, is charged with first-degree murder while armed, two counts of assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business. These charges stem from his alleged involvement in the fatal shooting of Pamela Thomas, 54, on the 500 block of Division Avenue, NE, on Feb. 9, 2022.
Rashod Dunbar, 26, is charged with accessory after the fact for his alleged involvement in the matter, but was not present at the hearing.
At the hearing, the defense filed a motion to compel additional materials related to DNA testing. This includes the raw data for the reports already provided, as well as validation summaries and supporting materials for other DNA testing methods used.
Validation summaries are the documents that show how a DNA testing method was evaluated before use to confirm its accuracy and reliability.
Judge Park initially denied the motion due to the defense’s failure to provide a reason to doubt the DNA testing information they had already received.
However, Lee’s defense attorney, Molly Bunke, argued that the defense’s expert witness cannot complete her analysis of the DNA evidence without the underlying data because she needs the corresponding data to analyze the prosecution’s unlabeled graph showing the likelihood of the ratio of false positive results.
The prosecution said they have already provided enough data. The prosecutor also said that the prosecution typically does not provide underlying validation data unless the defense can prove it is needed.
Prior to discussing the motion, the prosecution revealed they had only provided required validation summaries that morning after being alerted to do so by the defense. The prosecution says this was an inadvertent mistake.
Judge Park asked the defense why they did not include these arguments in their original motion. Bunke said Wednesday’s arguments were based on information in the prosecution’s opposition and data they had just received. .
Additionally, Bunke said the defense and their expert witness were not expecting any pushback from the prosecution to compel release of the information.
Judge Park ordered the prosecution to turn over the spreadsheet related to the unlabeled graph. However, he said, at this time, he did not find a reason for other data to be turned over.
Parties are slated to reconvene March 8 to continue discussing DNA materials and other pretrial motions.
