Matricide Defendant Detained, But Not Under Criminal Custody

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DC Superior Court Judge Neal Kravitz denied the prosecution’s motion to hold a murder defendant in criminal custody at St. Elizabeths Hospital in court on Jan 30, 2025.

Anna Payne, 33, is charged with second-degree murder and possession of a firearm during a crime of violence for her alleged involvement in fatally her mother Marilyn Payne, 69, on July 6, 2022. The incident occurred on the 1600 block of Webster Street NE.

Payne is currently receiving treatment at the psychiatric hospital where she was previously detained as a criminal.

These patients cannot earn privileges or benefits, and are often handcuffed or otherwise physically restrained, Payne’s attorney Lucas Barnekow told Judge Kravitz.

Payne has been in treatment since the incident. Defense attorney Megan Allburn also represented Payne at her mental observation hearing, and argued that Payne should be released from criminal to civil custody, as she has lived at St. Elizabeths for years without showing violent behavior.

The prosecutor rebutted that Payne is dangerous and should be detained and charged criminally. He further disagreed with rulings in previous cases decided by DC Superior Court Judges Robert Okun and Anthony Epstein, both of whom permitted the release and remand of mentally incompetent criminal defendants for other court actions.

The prosecution filed a motion to continue to hold Payne in criminal custody.

“If she is not a danger to herself or others, why should she be held?” asked Judge Kravitz in his denial of the motion.

Payne’s case was downgraded from the criminal division to family court, and she was sent back to St. Elizabeths to continue inpatient treatment, where she will be able to live as a non-criminal patient.

Parties are set to reconvene on January 30, 2026, at 12pm for a status hearing.