A mail clerk for the United States Attorney’s Office (USAO) testified about handling mail the defense claims contained missing evidence before DC Superior Court Judge Neal Kravitz on Sept. 18.
Eric Latney, 30, and James Crossland, 30, are charged with conspiracy, assault with intent to kill while armed, assault with a dangerous weapon, and two counts of possession of a firearm during a crime of violence. The charges stem from their alleged involvement in two drive-by shootings that occurred approximately 10 seconds apart, on the 200 block of 56th Street, NE and the 5600 block of Blaine Street, NE on July 8, 2021. An individual sustained four gunshot wounds.
Latney’s attorney, Nikki Lotze, and Crossland’s attorney, Hannah Claudio, filed motions to dismiss the cases because they claimed that several key pieces of evidence, including DNA evidence, was lost.
In opposition to the motion, the prosecution brought a mail clerk at the USAO to the stand.
The mail clerk explained that she receives sent mail, physically enters the mail into a log, and delivers the time to USAO inboxes.
The prosecution displayed a photo of a mail log that showed a single entry of a piece of mail received that prosecutors implied was the missing evidence. The log listed the state the mail came from, its tracking number, and the attorney it was addressed to. The witness claimed she delivered the mail to the addressee’s department.
Judge Kravitz asked the mail clerk if there was any documentation that she delivered the package. She said there was not. “I am confident that I delivered it,” she said, “but I don’t remember the package.”
The witness noted that the mail room has never received any items labeled “evidence” while she worked there.
Crossland’s attorney, Henry Druschel, cross-examined the witness and asked about her training. She said that almost all of it was verbal and that she is not familiar with written policies.
According to the mail clerk, she uses a list of which attorneys work in which departments to determine where to deliver all the mail. However, she said that this list is only updated once every couple of years.
The witness clarified that after she delivers mail to a prosecutor’s department, she does not know how departments sort and process the mail. She added that mail does not go directly to attorneys, but to their office managers.
When hard drives are mailed to the office, the mail clerk said that she typically notifies the attorney in an email. The mail clerk didn’t remember if the mail that prosecutors asked about was a hard drive, or if she sent an email to an attorney about it.
Lotze also cross-examined the mail clerk asked if she had any training for handling evidence, special procedures, or packages that “required notification to the defense.” The mail clerk said she was not trained on those procedures.
Parties chose not to make arguments regarding the motion to dismiss, opting to reopen discussion for potential plea deals instead. If Latney and Crossland do not take a plea deal, Judge Kravitz will hear arguments on the motion.
The parties are set to reconvene on Oct. 23.
