Judge to Rule on Suppression of ‘Poisonous Tree’ Evidence in First-Degree Murder Case

By Madelyn Nall - October 8, 2024
Daily Stories | Homicides | Shooting | Suspects |

DC Superior Court Judge Robert Okun delayed ruling on a motion to suppress evidence in a murder case on Oct. 4. 

Juan Peterson, 33, is charged with first-degree murder while armed, three counts of assault with intent to kill while armed offenses committed during release, three counts of possession of a firearm during a crime of violence committed during release, two counts of accessory after the fact while armed committed during release, and second-degree cruelty to children committed during release. He is being charged for his alleged involvement in the shooting of four individuals on May 15, 2021, on the 3900 block of Minnesota Avenue, NE.

One of the victims, later identified as 28-year-old Lester Howard, succumbed to his injuries.

At the motion hearing, defense attorney Daniel Kovler argued to suppress an interview conducted by the lead detective on the case, and information from Peterson’s phone from trial, claiming the detective violated Peterson’s Miranda rights.for failing to inform Peterson of his right to an attorney and remain silent to avoid self-incrimination. 

The prosecution called the lead detective in Peterson’s case as the main witness to show that Peterson was not in custody, and therefore no Miranda rights were violated. 

Attorney Kovler cross examined the detective, stating that the conditions of the interview created an environment that led Peterson to believe he was in custody including that the detective was holding on to his car, and that the detective told Peterson he needed to speak with the police to get his car back. 

Kovler noted the detective didn’t let Peterson leave, but said he could be late to an appointment at 1 p.m., telling him that he’ll write an excuse note. 

Kovler also said that Peterson’s phone, which was taken to be searched during the interview, is not allowed to be used in court, because the unlawful interview led to the searching of his phone. 

“It’s the fruit of the poisonous tree,” Kovler stated.

Judge Okun said that he will rule on the motion and issue a written order by the end of the next week. 

Peterson’s trial is scheduled for Oct. 21.