Judge Postpones Jury Selection Until Next Week

By D.C. Witness Staff - September 23, 2019
Court | Daily Stories | Homicides | Suspects |

Jury selection for a murder case was delayed by a week after the prosecution informed the defense of testimony from a new expert witness.

Edward Brown, 57, is charged with first-degree murder while armed for allegedly stabbing 71-year-old Michael Mahoney at the victim’s apartment on the 2300 block of 11th Street, NW on Feb. 5, 2018.

The prosecution informed the defense Sept. 23 that a different medical examiner would testify about his examination of the victim’s body. 

D.C. Witness previously reported that the prosecutor said she would call between 20-25 witnesses and possibly two additional expert witnesses. The new medical examiner being one of the expert witnesses.

According to the prosecution, the new medical examiner’s report showed Mahoney had food in his stomach when he died.

Even though a time of death was not given, the prosecutor said the victim’s time of death is consistent with her argument. The prosecutor said the food found in the victim’s stomach puts his time of death around three to four hours after eating. 

According to court documents, Brown was the last person to see the victim. Surveillance cameras show Brown and the victim entering the apartment at 10 p.m. Brown is seen leafing the apartment at 1 a.m. No one else is seen entering or exiting the apartment until Mahoney’s body was discovered the next morning. 

Defense counsel Kevin Irving argued that it would not be “fair” for the defense to have to prepare for interviewing the new medical examiner during the trial. He requested that the judge not allow the expert to testify. 

D.C. Superior Court Judge Milton C. Lee denied the request, saying the evidence is a “pretty big deal” to the prosecution’s case.   

Judge Lee initially offered the defense one day to talk to the new medical examiner and prepare for the rest of the trial. 

However, Irving objected, arguing that a day was not enough time to properly prepare. He also said he wanted to have another medical examiner look over the autopsy report.

Judge Lee said a few days should be enough time for the prosecution to ensure witnesses could be present in court and for the defense to contact their own medical examiner. 

A motions hearing is scheduled on Sept. 27. Jury selection for the trial is scheduled to begin on Sept. 30. 

Dani Diaz also reported on this story.