A D.C. Superior Court Judge said he would wait three weeks to rule on a prosecutor’s protective order, which would conceal the identities of key witnesses to the defense.
Kurt and Demonte Hewitt are charged with second-degree murder while armed for their alleged role in the stabbing death of 16-year-old Tyshon Perry on the 1300 block of 2nd Street, NE. According to the prosecution, Kurt and Demonte are cousins.
During the hearing on April 26, a prosecutor said she filed a protective order, which would conceal the identities of key witnesses to defense. She said that many of the witnesses were juveniles, and she feared that if Kurt and Demonte knew the names, it may put the witnesses in danger.
However, defense attorney, Lauren Johnson, said she would be unable to complete an investigation without the names of the witnesses.
Johnson said the prosecution’s case is set on the testimony of witnesses. She said several of the witnesses gave police conflicting statements, and, if she was unable to ask her client about the witnesses, there would be no way to properly refute the government’s claims. Johnson also said she would not ask for contact information of the witnesses.
Judge Craig Iscoe said he would not make a decision on the protective order until he had time to review case law about the subject. He said that he would let counsel know his ruling before the next status hearing that is scheduled on May 28.
According to court documents, Perry had gotten into an argument with a female student from KIPP DC College Preparatory, a school in Northeast DC. The female student allegedly threatened Perry, who was later attacked by a group of men by the NOMA Gallaudet University Metro stop.