Case Dismissed: Murder Defendant is ‘Unable to Exercise Right,’ Defense Says

By D.C. Witness Staff - April 10, 2019
Court | Daily Stories | Homicides | Suspects |

Editor’s note: The case against Kenneil Cole was dismissed on Feb. 1, 2023.

During a felony arraignment April 9, the defense in a murder case said his client was “unable to exercise his right to attorney-client privilege.”

Kenneil Cole is charged with first-degree murder while armed for allegedly shooting his roommate, 24-year-old Keon Delonte Wallace, in an apartment on the 2400 block of Skyland Place, SE in June of 2018.

Cole’s defense attorney, James King, said his client is being held at a facility in Virginia, about an hour outside of the District. He said the distance was an issue because it was hindering his ability to meet with Cole. King said he was previously denied a visit to see his client.

King also said his client didn’t have access to law libraries for legal research.

D.C. Witness previously reported that King motioned to have Cole, 25, moved to a closer facility. The motion was denied, but the court issued an order to the facility that would allow individuals from the Public Defender Service to visit Cole.

King asked the court for a hearing to hear from representatives from the Department of Corrections as to why Cole is being held at a Virginia facility.

DC Superior Court Judge Craig Iscoe said he would “take on” King’s request for a hearing, but said he needed time to do additional research on the matter.

King also expressed concern that phone calls between him and his client were being recorded and given to the government. The government, however, said they have not received any calls.

Judge Iscoe said he’d look into methods regarding unrecorded phone calls and issued an order to prevent the government from reviewing any recordings that are allegedly privileged.

According to court documents, Cole told police he was trying to get Wallace to leave the apartment they shared when the two got into an altercation. Apparently, Wallace pulled out a handgun and threatened Cole. Cole said he was able to take the gun and ultimately shot Wallace 12 times.

A status hearing is scheduled on May 31.