Murder Case Has Enough Evidence to Go to Trial, Judge Rules

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A DC Superior Court judge ruled that a homicide case has enough evidence to go to trial.

Joshua Franklin, 36, is charged with first-degree murder while armed in the shooting of 27-year-old Andrew Session on Jan. 21, on the 4400 block of 3rd Street, SE. 

During the Aug. 11 hearing, a Metropolitan Police Department (MPD) detective on the case said he arrived at the crime scene at around 2:48 p.m. and found the victim suffering from multiple gunshot wounds. He was pronounced dead at a local hospital.

The detective said the evidence collected at the crime scene included Franklin’s cell phone and 9mm shell casings. Several text messages on Franklin’s phone indicated that he had recently purchased firearms and 9mm ammunition, he said. The prosecution also showed photos found on Franklin’s phone of him posing with multiple firearms, despite previous convictions that bar him from owning firearms.

During cross-examination, the detective said that Session was on the phone with a witness shortly before he was shot. According to court documents, the two spoke on the phone multiple times within 90 minutes of the homicide, and the witness said that, during their last phone call together, the victim said he was being chased. The detective said Session’s description of the man chasing him did not match Franklin. 

The detective testified that they were still in the process of interviewing two other witnesses. He also said they did not find a firearm while searching Franklin’s house and car, and that he could not recall if fingerprints found at the crime scene belonged to Franklin. 

Defense attorney Steven Ogilvie argued that the detective’s testimony does not indicate probable cause. However, Judge Marisa Demeo sided with the prosecution, saying that, although probable cause “isn’t as obvious,” it still exists in the case.

A status hearing for this case is scheduled for Sept. 8.

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