Judge Sanctions Prosecutors for ‘Gross Negligence’ by Withholding Murder Case Evidence

By D.C. Witness Staff - May 16, 2023
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DC Superior Court Judge Maribeth Raffinan harshly criticized prosecutors for failing to turn over hours of CCTV surveillance footage that could prove Lewkus Turner innocent of a murder charge.

Turner, 29, is accused of second-degree murder for allegedly shooting 26-year-old Vincent Gyamfi on Dec. 11, 2020, on the 2900 block of S Street, SE.

Stopping short of saying prosecutors acted in bad faith, Judge Raffinan, in a May 16 hearing, said they showed “gross negligence” in handling police video taken at the crime scene.  The Metropolitan Police Department (MPD) held onto the material for nearly three years in an apparent accounting error.  The evidence was just turned over to the defense as jury selection in the case got underway.

Judge Raffnan’s finding followed a defense motion filed on May 9 asking the court to dismiss the case with prejudice and release Turner because of alleged prosecutorial misconduct.  While she rejected that request, Judge Raffinan said she would instruct the jury about the prosecution’s obligations in terms of providing evidence and give the late disclosure issue “the weight it deserves.”   

During the hearing, which lasted nearly two hours, Judge Raffinan cited a number of cases to back up her point that prosecutors repeatedly broke the rules by not giving Turner’s defense lawyers information that could exonerate their client. 

Of particular concern was a clip that showed part of an ongoing argument between Turner and Gyamfi who was killed in the incident.  At one point Judge Raffinan said she “couldn’t rule out” the defense notion that Gyamfi pulled Turner out of his white SUV on the 2900 block of Q Street, SE and that his actions were in self-defense.  

While Judge Raffinan said what prosecutors did was “troubling” it didn’t amount to willful misconduct.  She told both parties to craft language to instruct the jury about how they should regard the newly disclosed evidence.  

A trial readiness hearing is scheduled for May 19 at noon.