Murder Defendant’s Mental State, Trial Date and Legal Counsel at Issue in Hearing

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DC Superior Court Judge Maribeth Raffinan filed an order for a mental evaluation of a homicide defendant and reviewed his request for new counsel in an April 24 hearing.

Sherman Holley, 45, is charged with second-degree murder while armed for his alleged involvement in the death of 53-year-old James Brooks Jr. The incident occurred on Jan. 15, 2023, on the 200 block of 37th Street, SE.

Judge Raffinan asked for a criminal responsibility exam on April 23 to Holley’s determine if Holley is mentally competent to stand trial. However, Holley has since asked for a change in counsel for unspecified reasons. 

Judge Raffinan said the criminal responsibility exam request will be reinstated once Holley’s new counsel has had enough time to review the case. According to Raffinan, this would be Holley’s third defense attorney.  

“At this time Holley is asking for a new counsel for the second time,” Raffinan said. “He needs to make sure he is working with them.” Judge Raffinan also stated that his right to counsel does not extend to his right to a specific attorney. 

The defendant interrupted Raffinan to ask about a potential trial date. 

“I want to set the trial date for this year,” Holley said. “Why don’t I have a trial date yet? I should have a trial date.” 

Judge Raffinan said Holley’s request for new counsel will further “delay” the case. 

“I ain’t got a trial date anyway,” Holley said. 

According to court documents, Metropolitan Police Department (MPD) officers arrived on the scene soon after the incident and collected surveillance footage from neighboring businesses. The footage shows an individual approaching and “lunging” at the victim, who was then stabbed in the chest, shoulder and back areas. 

Court documents state that Sherman was identified on the footage by several witnesses. However, the documents also say that Sherman and Brooks allegedly did not know one another prior to the incident. 

Parties are slated to return on May 15. 

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