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By
Rachel Benck [former]
- January 26, 2023
Court
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Daily Stories
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Homicides
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Shooting
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Suspects
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Victims
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A homicide defendant’s attorney said he believes one juror’s deliberation methods violated his client’s right to a fair trial.
On July 23, 2019, Malik Holston, 20, was found guilty by a jury on all three of his indicted charges for the shooting of Gerald Watson. These charges included first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside of a home or business.
According to court documents, after the guilty verdict was reached Holston’s defense attorney, Shawn Sukumar, and the prosecution spoke with some of the jury members off the record to ask questions about their deliberations.
Following this conversion, Sukumar filed a motion to vacate the jury’s guilty verdict on account of one juror saying he would have liked to hear Holston’s side of the story and, because he didn’t, he voted in favor of a guilty verdict.
This juror’s decision-making process inappropriately shifts the burden of proof from the prosecution to Holston himself, according to Sukumar’s motion. Sukumar cites case law that disallows this “erroneous shifting” of burden, therefore, entitling Holston to a new trial.
On Jan. 26, the prosecution objected to this motion, interpreting the juror’s statements differently from the defense. He argued that there are no grounds for Sukumar’s motion and that the judge should proceed with Holston’s sentencing.
D.C. Superior Court Judge Rainey Brandt said she saw it necessary to reschedule the sentencing and change the Jan. 26 hearing to a status conference to allow time for the juror to be brought into court and questioned on the record.
Judge Brandt also said that she alone will question the juror to ensure the record is abundantly clear before Holston is sentenced, in the event he wishes to appeal.
If the defense and prosecution have questions for the juror, they may submit them. Both parties are not permitted to directly question the juror.
Holston’s sentence hearing was rescheduled to March 1. However, the hearing may be vacated depending on the results of the juror’s questioning.
The incident in question occurred on Dec. 13, 2018. Metropolitan Police Department (MPD) officers were dispatched to the 2900 block of Knox Place, SE for reported gunshot sounds. When the officers arrived they found Watson, 15, with multiple gunshot wounds.
After being transported to a local hospital, Watson later succumbed to his injuries and was pronounced dead.
At this time, no official date for Holston’s next hearing has been set as the juror still needs to be contacted regarding this matter.
The juror’s cooperation is not guaranteed. If he is unavailable to clarify his statements, Judge Brandt will decide how to move forward at that time.