Man on Trial for Murder Declines Right To Testify

By D.C. Witness Staff - February 20, 2020
Court | Daily Stories | Homicides | Suspects | Victims |

On Feb. 18, a murder defendant decided that he did not want to testify.

Herman Lee Cook, Jr., 49 , is charged with second-degree murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm. The charges are in connection with the alleged shooting of Donald Johnson Jr., 45, on the 5700 block of Georgia Avenue, NW.

Just before the prosecution and the defense gave their closing statements, defense attorney William Buie said that he and his client still needed to discuss that matter and requested time over the lunch break to discuss.

After lunch, Buie said that Cook decided that he did not want to testify. 

The prosecution’s closing statements continued as planned.

During the prosecution’s opening statements, the prosecutor said there was a clear video of exactly what happened. Earlier in the trial, video surveillance footage show Cook walking to Johnson’s car. There is commotion and Cook is seen walking away from a figure on the ground. “Use your common sense in this case,” the prosecutor told the jury.

However, Buie said the footage the prosecution had been showing is incredibly blurry. “I can barely see anything in this video, how can they be so sure that’s my client,” he said.

“There were a lot of witnesses that didn’t say too much of anything,” Buie continued. He said the prosecution’s witnesses and evidence still do not prove his client is guilty. 

The jury began deliberations on Feb. 20.

This article was written by Jailynn Caraballo.