Judge Vacates Trial Again Due to Prosecution Evidence Issues

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During a March 7 status hearing, both the prosecution and the defense requested the March trial date to be pushed back due to new potential witnesses that the prosecution added.

Tony S. Aiken, 48, is charged with second-degree murder while armed for allegedly shooting Kendra Smith, 23, on the 4300 block of D Street, SE on Sept. 6, 2004.

DC Superior Court Judge Anthony Epstein granted the prosecution their request in adding additional witnesses. As a result, he vacated the March trial date and decided to wait for the next hearing to schedule a new one due to other evidence issues that the prosecution and the defense need time to discuss.

Defense attorney Jason Tully previously requested that the case be dismissed due to the prosecution violating Aiken’s rights by failing to preserve material evidence.His request was denied, according to court documents

Trial was previously scheduled and vacated in 2019, 2020, 2021 and 2022 due to the prosecution’s slow process of providing evidence.

A status hearing is scheduled for March 17.

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