Judge Tells Prosecutor to Disclose Evidence to defense

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DC Superior Court Judge Milton Lee granted on Nov. 4 a continuance to provide evidence to the defense.

Kirk Spencer, 27, is charged with first-degree murder while armed for allegedly shooting 49-year-old Marcus Covington on Feb. 23. 2021, at the Anacostia Metro Station located on the 1000 block of Howard Road, SE.

During the Friday hearing, defense attorney Jacqueline Cadman told Judge Lee that the defense hasn’t received any information on the evidence in the case since the indictment

Cadman said she contacted the prosecutor regarding information they have and don’t have along with the need for forensic details.

The prosecutor said she needs until the end of the week of Nov. 7 to upload any information on the case’s evidence.

The prosecutor said she is still discussing the testing strategy and will have an update by the next hearing. 

Judge Lee told the prosecutor that disclosing evidence to the defense has to be a priority. The prosecution has routinely failed to disclose evidence and other material to the defense throughout the entire process, according to D.C. Witness reporting.

He said he would like to set a status hearing date to close the loop on the issue. 

Spencer’s next hearing is scheduled for Nov. 21.

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