DC Superior Court Judge Todd Edelman denied a defendant’s motion to exclude a key witness’ testimony in a homicide trial, but granted a continuance due to the prosecutor’s late disclosure, during a hearing on May 1.
Joshua Stephenson, 25, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, carrying a pistol without a license, and unlawful possession of ammunition, for his alleged involvement in the fatal shooting of 26-year-old Khalil Jones. The incident occurred on Nov. 17, 2022, on the 1500 block of Alabama Avenue, SE.
Stephen LoGerfo, Stephenson’s attorney, recently filed a motion to exclude testimony for a key prosecution witness due to the prosecution’s late notice. According to LoGerfo, the prosecution alerted the defense about the key witness, who is incarcerated, two months before trial was slated to begin on May 11. However, he stated, they didn’t provide any of the witness’ jail calls and other substantial information until later.
LoGerfo stated the prosecution had known about the witness, their statements and claims, including information allegedly provided to the witness by Stephenson regarding the shooting, as early as March of 2024, and they failed to give proper notice to the defense.
He further argued that the prosecution had previously delayed an April 2025 trial date due to their unavailability, and had not provided the witness information prior to the original trial date.
LoGerfo stated a lot of the information provided for the witness is exculpatory to Stephenson, and may prove the witness’ lack of credibility. LoGerfo cited the witness’ multiple convictions and possibility of cooperation in exchange for lighter sentences.
The prosecution insisted the defense could go to trial without reviewing all jail calls made by the witness. However, LoGerfo strongly disagreed, insisting “I’d be ineffective [counsel].”
Judge Edelman denied the motion to exclude the witness testimony, but granted a continuance in the trial date, highlighting the significance of the witness. Judge Edelman stated that this is a case that relies vastly on circumstantial evidence, and the witness “can put a whole lot of meat on the bones about what happened.”
“Obviously, this is an essential ground for defense investigation,” Judge Edelman stated, adding “it was a situation that could’ve been avoided.”
A new trial date was scheduled for Aug. 2, 2027.
Judge Edelman further ordered the prosecution to file a supplemental Drew Johnson notice, which is prior bad acts by the defendant, stating their original notice was “imprecise and scattershot.”
LoGerfo also requested Stephenson be released pending trial, citing his three-and-a-half year detention as he awaits trial. LoGerfo highlighted Stephenson’s frustration with the violation of his right to a speedy trial, arguing that both delays have been caused by the prosecution.
Judge Edelman stated he’d be happy to revisit the request once Stephenson’s District Court case is concluded, for which he is set to go to trial later this summer. The allegations surrounding the case were not discussed in court.
Parties are slated to reconvene Nov. 13.
