DC Superior Court Judge Todd Edelman granted the prosecution’s request to reschedule a trial around a key witness’ availability on July 14.
Anthony Green, 40, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 24-year-old Terence Akindo. The incident occurred on July 30, 2023, on the 2300 block of 13th Street, NE. Akindo sustained one gunshot wound to the back of his head.
The prosecution filed a motion to reschedule because the case’s sole medical examiner will be on a 12-week medical leave that conflicts with the original trial date of Aug. 3.
Defense attorneys Jessica Willis and Sylvia Smith opposed the prosecution’s request for continuance and called the length of Green’s incarceration without trial “frustrating.”
According to court documents, Green has been incarcerated since Aug. 8, 2023. After Green’s first trial, Judge Edelman declared a mistrial on May 30, 2025. Green has been awaiting retrial since.
Smith said the medical examiner’s unavailability and her own busy schedule meant that if the trial was rescheduled, she would not be available until July 2027.
Willis argued the medical examiner’s “straightforward” testimony was “nothing special” and could be effectively substituted with another medical examiner testifying or a transcript of the original examiner’s testimony from the first trial.
The prosecutors argued the medical examiner is “not a negligible witness” and her testimony is important.
Prosecuting attorneys said if the continuance was not granted, the court is “limiting the [prosecution] to evidence in the first trial,” which the prosecutors described as “shoddy second-tier”
Prosecutors argued other witnesses may testify to matters requiring clarification or context only provided by live in-court testimony from the medical examiner. The prosecutors also argued they would be disadvantaged by a written testimony because it would be less impactful to the jury than in-person testimony.
Judge Edelman said he was “willing to do anything [he] can to get this trial in,” even offering to double-book his calendar if necessary.
In search of a solution, Willis proposed seeing if the medical examiner would be able to testify before she is medically cleared to go to work, noting the difference between being able to work and being “cognitively able to give a 30-minute remote testimony.”
“None of this really matters if we can have a serious conversation about release,” Smith said amidst rescheduling.
Judge Edelman confirmed Green has time to serve in Maryland for an unrelated reckless endangerment conviction. Parties agreed that if they confirm Green can serve prison time in Maryland while awaiting his retrial, they will grant temporary release to do so.
After some discussion, parties decided to reschedule the trial for Oct. 5, accommodating the medical examiner’s unavailability and the attorneys’ schedules.
Parties are slated to reconvene on Sept. 11.
