Judge Postpones Trial to Rule on Motions

By D.C. Witness Staff - November 1, 2019
Court | Daily Stories | Homicides | Suspects | Victims |

During a trial readiness hearing a DC Superior Court judge decided to delay the jury selection process by one day in order to rule on pre-trial motions.

Leonard Smith, 33 is charged with second-degree murder for allegedly stabbing Leonte Butler, 26, on the 4000 block of South Capitol Street, SE in 2017. According to the Metropolitan Police Department, Smith and two other individuals  were seen on surveillance footage, covered in blood and changing clothes after the incident.

Smith’s jury trial was scheduled to begin on Nov. 12. However, Judge Danya Dayson said that instead of calling in a jury panel she would rule on the pre-trial motions filed by both the prosecution and defense. Judge Dayson said jurors would be called on the following day.

She said her reasoning was because she needed to think over the motions making a final decision

The prosecution filed four motions to be considered including, a motion to preclude a self-defense argument, a motion to limit cross examination of a witness, a motion to admit consciousness of guilt and a motion to preclude the defense from introducing hearsay statements from the defendant.

The prosecution said the defense should not be able to question a particular witness about an unrelated domestic offense that occurred two years after the homicide.

The prosecutor said that Smith demonstrated consciousness of guilt when he missed drug testing and a check-in with his parole officer after the murder occurred. According to court documents, Smith was on parole for a weapons charge in 2015.

The prosecutor also said he put forth a general motion to stop the defendant from giving hearsay statements if he decided to take the stand and testify.

Smith’s defense attorney, Anthony Matthews, said that he did not plan on using a self defense theory.

He said he would question the witness about the domestic offense because he felt as though the witness may have a bias. He also said the witness was important because not only was he with Smith and Butler at the time of the murder, but the witness could also be a potential suspect.

Matthews also told Judge Dayson that Smith has missed several probation meetings and drug tests. By missing meetings and tests around the murder was not indication of guilt, just a pattern of behavior, Matthews said.

Matthews also said that he was not sure if Smith would testify at the trial.

The trial readiness hearing was scheduled to resume on Nov. 12.

Jury selection is slated to begin on Nov. 13