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By
Mara Osterburg [former]
- July 6, 2021
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A DC Superior Court judge said he will issue an order on an unopposed motion in a murder case that has been affected by forensic errors by July 12.
Ron McLeoud, 28, and his former co-defendant, Joseph Brown, 31, are charged with first-degree murder while armed in the deaths of 29-year-old Amari Jenkins on Aug. 15, 2015, on the 4900 block of East Capitol Street, SE, and 21-year-old Antwan Baker on Nov. 12, 2015, on the 5300 block of Clay Terrace, NE.
The two were indicted as co-defendants, but their cases went on to be severed due to errors with ballistic evidence. Those errors caused incorrect information to be presented to a grand jury, D.C. Witness previously reported. McLeoud’s attorney, Steven Kiersh, motioned to dismiss the indictment. Brown’s attorney, Brian McDaniel, joined the motion.
Only McLeoud’s case was heard on July 6. During the hearing, Judge Milton Lee said a short order would be issued by Monday regarding the prosecution’s motion asking the court to reconsider a decision from last November that certain Department of Forensic Services (DFS) documents withheld in response to the prosecution’s subpoena did not need to be produced, according to court documents.
The November decision, which granted only in part a motion to require the DFS to produce certain documents related to the case, was made by Judge Todd Edelman.
The defense does not oppose the prosecution’s motion for the court to reconsider Judge Edelman’s decision to withhold some of the documents.
Judge Lee agreed they should have the documents and said he will first talk to Judge Edelman before accepting the motion and sending the documents to the prosecution.
Due to these developments, Judge Lee pushed back the deadline for when the prosecution needs to respond to the defense’s motion to dismiss the indictment to July 26. The defense has until Aug. 9 to respond to the prosecution.
McLeoud and Brown are also charged with conspiracy, possession of a firearm during a crime of violence, assault with intent to kill while armed and aggravated assault knowingly while armed in their cases. Brown is also charged with unlawful possession of a firearm with a prior conviction.
The two defendants’ cases are scheduled to return to court on Sept. 24.