Motion for Dismissal in Homicide Case Continued

By Sadie Herman [former] - January 11, 2024
Daily Stories | Homicides | Shooting | Suspects | Victims |

On Jan.10, a motion hearing regarding the dismissal of a homicide case was continued before DC Superior Court Judge Maribeth Raffinan.

Terrance Barnes, 34, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the death of 57-year-old Barry Holmes, on April 17, 2019. The incident occurred on the 5100 block of Southern Avenue, SE.

The defense motion to dismiss this case is a result, they say, of the prosecution’s failure to preserve evidence. 

According to court documents, the prosecution’s testing consumed potentially exculpatory DNA evidence in this case. The motion further alleges contamination during the DNA testing process, as well as a failure of the prosecution to preserve discoverable evidence, stating that Barnes has a constitutional right to test this evidence if he chooses. 

The prosecution began by calling a DNA forensics expert who explained that in this case, the DNA profile of the evidence, specifically a pair of gloves, showed no indication of contamination. The expert also explained the evidence was later tested in relation to a different case, and showed no indication of contamination.

During cross-examination, Barnes’ defense counsel, Molly Bunke and Pierce Suen, questioned the expert about the right glove, saying it was never sampled for DNA. The expert claimed that she was unaware of that, and was unable to recall any information regarding the right glove. 

Then, the defense called another DNA expert who explained the use of a reagent blank in DNA testing, saying it is used as a control sample to avoid contamination. The expert emphasized that a reagent blank must accompany samples during DNA analysis and that DNA evidence is not typically accepted if a reagent blank was not used. 

According to court documents and the defense, during a second round of DNA testing by the prosecution , the reagent blank that would have been vital for the defense was completely consumed. Therefore, the defense in this case is not able to do any additional testing. 

Due to scheduling issues, this hearing will continue on Jan. 11.