Judge Partially OK’s Defense Motion to Validate Witnesses’ Cellular Expertise

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DC Superior Court Judge Marisa Demeo partially approved a defense motion on Dec. 4 to compel the prosecution to share information about an expert witness in a murder case. The analyst would testify about information from cell phone data.

Terrance Stoney, 31, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict. These counts stem from his alleged involvement in the fatal shooting of 43-year-old Donte Tiller on March 17, 2023, at the intersection of Naylor Road and Southern Avenue, SE. 

Nikki Lotze, Stoney’s attorney, told the court that the prosecution’s entire case against Stoney was based entirely on evidence analyzed by an expert in the FBI’s CAST [Cellular Analysis Survey Team] technology.

In the motion, Lotze argued, “Specifically, at trial the Government plans to elicit evidence of…Mr. Stoney’s phones traveling in the car from which the shots were fired and is inconsistent with Mr. Stoney’s phones traveling in his work tow truck.”

Lotze asked for the prosecution to hand over any information that they had about results from the expert’s proficiency tests, documentation of peer reviews of the analysis results, and instruction manuals for the analytic software. 

Lotze also asked for all communications about the analysis to be turned over to the defense.

The prosecution said they had some communication, but they did not believe that it was substantive. 

Judge Demeo partially denied Lotze’s motion, saying the prosecution did not have documentation about proficiency tests and peer reviews.

The judge did require the prosecution to give Lotze the manuals that she asked for and all communicationswith the expert to be shared by the end of next week. 

Parties as slated to reconvene on Dec. 9.