Man convicted of murder argues 14th amendment violation

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A public defender was called to testify on Wednesday for a case she originally defended in 2008.

Jamel Mackabee was convicted of first-degree murder while armed for the murder of Taleisha Ford on January 20, 2007. Charging documents described that on the night of the shooting, Mackabee pushed past security at the front of the “Smarta/Broadway” nightclub at 1919 9th Street, NW.

According to a witness, security attempted to stop the defendant and the defendant said “you touch me, I’m going to shoot you.” He produced a revolver and fired a single shot at the security guard. The guard moved away and missed the bullet, which fatally struck Ford.

During the after sentencing hearing, prosecutor Brandi Harden was called to the witness stand to testify about her performance as Mackabee’s prosecutor. Mackabee filed a motion for a 14th amendment violation, which prohibits states from denying any person within its jurisdiction the equal protection of the law.

Mackabee claimed that Harden never offered him a plea deal, and that Harden coerced him into going to trial because she allegedly said she was going to give it her best and there was an 80 percent chance of prevailing if they took the case to court.

However, when Harden was called to the witness stand, she testified that Mackabee was adamant about refusing a plea deal from the start. Harden denies using a percentage to estimate the outcome of the trial, in order to coerce the defendant to go to trial.

“I, in fact, communicated the plea offer,” she said. “He, in fact, said no.”

Mackabee filed the motion after almost 8 years in jail, seeking a reduction in his sentence and stated that he would have accepted a plea deal, had it been offered to him.

However, when Judge Frederick Weisberg asked Mackabee if he would admit to murdering Ford in order for a plea deal to be offered to him, Mackabee said he wouldn’t have.

Judge Weisberg said he would issue a written order.