Murder Suspect Wants Trial Delayed Over Fair Jury Concerns

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Before DC Superior Court Judge Marisa Demeo, defense attorney Dominique Winters filed a motion on May 30 to reschedule a July 20 trial because her client didn’t think a racially balanced jury would hear his case.

Kenneth Wayne Stewart, 62, is charged with first-degree murder while armed and assault with a dangerous weapon for allegedly stabbing 54-year-old Courtney Jones to death on July 23, 2020 at the 2300 block of Pennsylvania Avenue, SE.

According to court documents, the defendant allegedly assaulted the victim in a van after an argument. Police found Stewart walking on a highway allegedly with a bloody knife that had pieces of flesh on it.

At the hearing, Winters stated that her client wanted a jury that represented a fair cross section of the community as guaranteed by the Sixth Amendment, even if it meant postponing the trial date until next year and being detained for longer than anticipated.

Winters stated that “Black jurors were severely underrepresented” in recent trials at the DC Superior Court, pointing out two trials where 13.7 percent and 20 percent of the jury pool were black. The DC Public Defenders commissioned an analysis showing that black jurors were underrepresented by 10.5 percent relative to the city’s population.

Dozens of felony cases during COVID were decided by panels with too few black members say the defendants. Legal action has been pending for two years to get the outcomes reconsidered. Meanwhile, the DC Superior Court says its jury selection process is effective and unbiased.

According to Winters, the issue is something her client “feels strongly about” and is “not willing to waive.”

“I understand it’s an important issue for him,” acknowledged Judge Demeo.

The prosecution opposed the motion, expressing a desire to start trial right away since the next potential trial date is November 2025 and the defense could always appeal the case.

Judge Demeo ordered the parties to file written briefs and will rule on the motion of continuance next week.

The parties are slated to return on June 3.

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