Albert Amissah, on behalf of his client, filed a motion to recuse DC Superior Court Judge Robert Okun from a fatal car crash case during an Oct. 31 hearing, stating the defendant believed Judge Okun was biased against her.
Nakita Walker, 44, is charged with three counts of second-degree murder, fleeing a law enforcement officer, and assault with a dangerous weapon for her alleged involvement in a March 15, 2023 car accident resulting in the deaths of Mohamed Kamara, 43, Jonathan Alberto Cabrera Mendez, 23, and Olvin Josue Torres Velasquez, 22, on Rock Creek Parkway.
According to court documents, Walker’s blood-alcohol level was twice the limit during the incident.
During the hearing, Amissah claimed that the reasoning for requesting recusal was that Walker felt Judge Okun was biased against her based on his denial of release conditions in a previous hearing
In response, Judge Okun first cited that a motion to recuse a judge requires a certification of good faith, and a written affidavit to be filed, neither of which was done in this case.
Judge Okun continued, stating that even though failure to file those documents was grounds to deny the motion, he would still deny the motion pursuant to the idea that recusal required bias to extend past the courtroom, which Judge Okun could confidently state it did not.
Following Judge Okun’s ruling, Walker asked for new counsel in the case. The prosecution opposed the idea, stating Walker has previously received new counsel, current counsel was specifically who Walker had asked for, and that the second trial date in this case is only three weeks away. “Cases rarely get better with time,” prosecutors claimed.
Judge Okun followed up the prosecution’s stance, stating that if new counsel were appointed in this case, it would not be tried until the end of 2026, advising Walker that she would be held at least through that date. Judge Okun added that he believed Walker’s issue to be with herself, not her attorneys.
Walker spoke with Amissah and Destiny Fullwood-Singh, Walker’s second attorney, at length before they were able to report Walker decided to remain with current counsel at this juncture.
Green, 38, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the murder of 24-year-old Terrence Akindo on the 2300 block of 13th Place, NE, on July 30, 2023. Akindo died from gunshot wounds to his head and chest.
Judge Epstein said Smith had filed a motion to delay Green’s trial from March 3, 2025, to April 28, 2025, because of her new duties training PDS (Public Defender Service for the District of Columbia) attorneys. He said the prosecutor had filed a strongly worded objection.
“I don’t understand the intensity of opposition to what is a very modest request,” said Judge Epstein. He said attorney training is an important task and a valid reason to request scheduling changes.
“Frankly, I think PDS does a better job in training overall than the US Attorney’s Office does,” Judge Epstein said. He added, “I’ll give Ms. Smith an opportunity to respond to the personal attacks.”
“I don’t make misrepresentations to the court. I take my responsibilities seriously,” said Smith. “I don’t think there’s any real argument the [prosecution] made, so I don’t think I need to respond unless the court wants.”
Smith said she has several trial dates that were set before she was given training responsibilities. She’s trying to reschedule all the ones that conflict with her new duties.
The prosecutor from another case in which Smith is representing a defendant appeared in court virtually to object to Smith’s assertions.
“Ms. Smith just indicated that her goal is to keep the detained cases on track,” the prosecutor from the other case said. She argued that claim was inaccurate because Smith already has another trial scheduled for April 28, 2025. The defendant in that case is also detained, and his case is older than Green’s case. The prosecutor said the other defendant’s case could not be rescheduled sooner than April of 2026 if Green’s case displaced it.
The prosecutor urged Judge Epstein not to delay Green’s trial, saying Smith would tell the judge in the other case that the trial needed to be rescheduled because of Green’s new trial date.
Smith argued she was representing both Green and her other client according to their wishes. Her training schedule conflicts with Green’s current trial date, but Green wants his trial as soon as possible, so she is asking Judge Epstein to give him the first opening in Judge Epstein’s trial calendar.
“My representation of [my other client] is completely different,” Smith said. She said the prosecutor from the other case should make her arguments over the timing of that trial at hearings for that case, not during Green’s hearings.
Judge Epstein said his trial opening for April 28, 2025, came about unexpectedly because of the death of the defendant in the trial originally scheduled for that date. He doesn’t expect that opening to get filled because most attorneys are already fully booked for April of 2025.
Judge Epstein said he will set Green’s trial date for April 28, 2025, if Smith’s other client’s trial date gets moved. If that trial date doesn’t change, Judge Epstein will hold a status hearing to find a different date for Green’s trial.
The prosecutor said she had turned over evidence to the defense, including cartridge casings recovered from the scene of the crime and bullets recovered from the victim’s body.
“The [prosecution] did not do DNA testing in this case, but evidence was recovered,” the prosecutor said.
Green waived his right to conduct DNA testing on the evidence.
The next hearing in this case is scheduled for Nov. 25.
A police officer who responded to the scene testified in a stabbing case that the victim was “barely alive” in DC Superior Court Judge Rainey Brandt’s courtroom on Oct. 31.
Devan Green, 30, is charged with assault with intent to kill while armed, kidnapping while armed, kidnapping while armed against a minor, aggravated assault knowingly while armed, assault with a dangerous weapon, and simple assault. The charges stem from his alleged involvement in a domestic stabbing incident on Sept. 19, 2023, on the 500 block of 58th Street, NE, seriously wounding an individual.
Prosecutors during their opening statement said the defendant stabbed the victim, who was his girlfriend, 21 times because he was jealous about the victim’s being on the phone with a man. According to prosecutors, the defendant got frequently jealous and “violent,” and on the night of the stabbing he decided he was going to kill her.
“What he intended to do was kill her,” the prosecutor said.
Lee Smith, Green’s attorney, said in his opening statement that Green is “wrongly accused” and acted in self-defense. He said the victim attacked Green first by biting him on the leg and the defendant feared for his life once the victim’s family arrived because he thought they were going to attack him.
Prosecutors called the first officer to respond to the scene. The officer testified that the victim was “barely alive” when she arrived on scene and was lying on the floor covered in blood. She said the scene was “brutal” and “violent.”
Prosecutors played the officer’s body-worn camera which showed officers responding to the multiple stab wounds on the victim’s chest, back, and neck.
Another officer who responded to the scene testified that the victim said, “He tried to kill me” while he was tending to her wounds.
An additional officer who responded said she went into a back bedroom and found a child. Prosecutors played her body-worn camera which showed the officer talking to the little boy. In the video, the boy said his dad’s name was Devan.
“He tried to kill my mom,” the boy said in the video.
A murder defendant was denied modified release conditions to pursue job and education opportunities in a hearing before DC Superior Court Judge Robert Okun on Oct. 31.
Jahi Settles, 23, is charged with attempted robbery, felony murder while armed, three counts of possession of firearm during a crime of violence, premeditated first-degree murder while armed, and second-degree murder while armed for his alleged involvement in the fatal shooting of Langston Sharps, 33, on July 3, 2023 on the 2800 block of Hartford Street, SE.
According to court documents, an argument about between Settles and Sharps precipitated the killing. Settles allegedly reached into a car to steal a backpack from Sharps sparking a physical fight that ended in Settles’ allegedly shooting and killing Sharps before fleeing the scene.
During the hearing, Jason Tulley, Settles’ attorney, motioned to modify Settles’ release conditions to allow him to pursue employment and schooling. Settles was originally placed on electronic monitoring Aug. 30, but remains under home confinement.
Judge Okun denied the motion without prejudice, stating that if the defense would like to file a motion in writing with more details he would review it.
D.C. Witness data shows that plea agreements accepted between Jan. 1 and Oct. 12 this year as the pandemic receded, increased by 92 percent, in comparison to Jan. 1 through Oct. 18, 2023.
From Jan. 1 to Oct. 18, 146 plea deals were accepted — including 28 for homicide cases and 48 for non-fatal shooting cases — and 71 were rejected. Of the rejected plea offers, 21 were in relation to homicide cases and 22 were in non-fatal shooting cases.
That’s compared to the 2023 timeline where 76 plea deals were accepted — including 26 for homicide cases and 13 for non-fatal shooting cases — and 20 were rejected. Of the rejected plea offers, five were in connection to homicide cases and six were in non-fatal shooting cases.
This indicates a 92 percent increase in all plea agreement acceptances and a 308 percent increase in plea agreement acceptances in non-fatal shooting cases. Homicide plea agreement acceptances only increased by seven percent between 2023 and 2024.
The increase may in part be the result of resolving a pandemic-related case backlog.
“While the data indicates an overall post-COVID-19 return to normal criminal justice operations in the District, it is crucial to consider the lingering effects of COVID-19,” according to an April report by the DC Sentencing Commission.
Notable examples of plea deal negotiations in 2023 and 2024 include:
On Feb. 7, Chanel Clinton, 28, accepted a deal to plead guilty to assault with a dangerous weapon for her involvement in a non-fatal shooting on Jan. 18, outside of a 7-Eleven on the 4800 block of Nannie Helen Burroughs Avenue, NE. One individual sustained injuries.
By pleading guilty, her other charge, possession of a firearm during a crime of violence, was dismissed.
On April 22, DC Superior Court Judge Erik Christian sentenced Clinton to 5 years, with two years suspended, followed by a five year probation. In addition, she is required to serve three years of supervised release, undergo mental health evaluation and treatment and stay away from the victim.
On May 3, Tyree Sanders, 24, pleaded guilty to second-degree murder while armed for his involvement in the fatal shooting of 34-year-old Michael McKinney on Sept. 17, 2023, on the 1200 block of Brentwood Road, NE.
Sanders was originally charged with first-degree murder.
On May 14, Jaykell Mason, 22, rejected a second plea offer which would have reduced his charges to two counts of second-degree murder while armed and felony assault on a police officer while armed.
Mason is being charged with first-degree murder while armed and assault on a police officer while armed for his alleged involvement in the death of 29-year-old Terrance Dantzler on Feb. 13, 2020 on the 700 block of 8th Street, NW. Mason was taken into custody after an exchange of gunfire with MPD officers.
He is scheduled to go to trial in September of 2025.
On July 7, 2023, Delonta Stevenson, 28, and Vorreze Thomas, 26, rejected a plea deal that would require them to plead guilty to one count of second-degree murder while armed and two counts of assault with a dangerous weapon. If they accepted the plea, Stevenson would have to serve 27 years and Thomas would have to serve 15.
Both were convicted of conspiracy, first-degree murder while armed, two counts of assault with intent to kill, three counts of possession of a firearm during a crime of violence, for their involvement in the fatal shooting of 32-year-old Terrance Allen. The incident occurred on Jan. 18, 2021, on the 3000 block of Stanton Road, SE, and left two other individuals suffering from gunshot wounds.
Stevenson was additionally convicted of two counts of unlawful possession of a firearm by a prior convict during offenses committed during release. Thomas was additionally convicted of carrying a rifle outside a home or business.
On Sept. 6, 2023, Basil Thomas, 20, accepted a deal to plead guilty to one count of armed carjacking, possession of a firearm during a crime of violence, robbery, and unlawful possession of a firearm. Thomas was originally charged with two counts of armed carjacking, one count of assault with a dangerous weapon, five counts of possession of a firearm during a crime of violence, and one count of carrying a pistol without a license for his involvement in two incidents, including a shooting on March 3 on the 4400 block of 8th Street, NE, and the 4800 block of North Capitol Street, NE.
On November 19, 2023, Demetrius Void, 36, was sentenced to six years of incarceration after accepting an agreement to plead guilty to one count of possession of a firearm during a crime of violence.
Void was originally charged with first-degree murder while armed, assault with a dangerous weapon while armed, three counts of possession of a firearm during a crime of violence, unlawful possession of a firearm, and armed carjacking, for his involvement in fatal shooting of 24-year-old Anthony Lawson, on Sept. 25, 2018, on the 6200 block of Eastern Avenue, NE.
A homicide defendant waived his rights to independently test DNA evidence, despite it showing a strong likelihood that blood belonging to the defendant and the victim was found in multiple areas of the crime scene, before DC Superior Court Judge Robert Okun on Oct. 31.
Lavaughn Barnes, 33, is charged with first-degree premeditated murder while armed for his alleged involvement in the death and dismembering of Abdulio Arias-Lopez, 59, on Nov. 3, 2023, on the 1300 block of Kearny St NE.
According to court documents, Arias Lopez’s body was found in a mummified state and missing multiple extremities when it was discovered on Feb. 3, 2024 in the backyard of Barnes’ house.
The prosecution read from the DNA report and stated that DNA collected from at least ten locations in the basement of Barnes’ home were conclusively blood stains. Of those blood stains, all had strong inclusory evidence of belonging to either Arias-Lopez or Barnes, three reported evidence of including both.
Under counsel of Jason Tulley, Barnes’ attorney, Barnes waived his right to independent DNA testing.
On Sept. 9, James Williams, 41, pleaded guilty to attempted assault with a dangerous weapon for his involvement in a stabbing on Aug. 7, on the 1300 block of Missouri Avenue, NW.
Through the deal, parties agreed to a sentencing range of ten-to-28 months of incarceration.
According to court documents, the stabbing stemmed from a verbal altercation between Williams and his daughter’s boyfriend, when Williams stabbed the victim twice in the ribcage from the back.
In William’s statement, he said that this was a family matter, adding “I am not happy for what I’ve done… I apologize your honor.”
The prosecution argued for the higher end of the sentence of 24-month incarceration due to the seriousness of the crime, stating that “the victim is lucky to be alive.”
They added that Williams’ old, yet long, criminal history of drug distribution, several unprosecuted arrests, and violation of prior probation pose a threat to the community.
Defense attorney Susan Ellis noted the prior probation violation was due to Williams’ father’s death, as well as the defendant’s being shot, and a bad ending for a serious relationship. Since then, the defendant has turned to family and God, and he is employed at a church, according to Ellis.
Ellis requested a short split sentence which would have included 10 months of incarceration followed by a longer probationary period where he would do community service with his home improvement skills.
She argued that this was the only violent crime that Williams had committed and that he took responsibility immediately. She noted how his mother and daughter have supported him throughout this process and he would like to go into anger management programs.
Judge Park reviewed conflicting narratives of self-defense in documents after the plea, concluding that the defendant was shifting blame onto the victim.
Judge Park said a short split sentence was not appropriate for the seriousness of the crime. He ruled for a total time of 28 months, with 14 months suspended, as well as 18 months probation with three years of supervised release.
Williams’ will probation conditions include substance abuse assessment, mental health screening, anger management classes, maintaining or seeking employment, and continuing the stay-away order from the victim.
Chauncey Myers, 31, is charged with aggravated assault knowingly while armed for his alleged involvement in a stabbing on July 13 at the 1600 block of Marion Barry Avenue, SE. One individual sustained injuries during the incident.
Myers’ defense attorney, Sara Kopecki, requested he be transferred to a bed-to-bed mandatory, in-patient treatment program for underlying drug abuse issues.
Judge Di Toro denied this request based on a separate underlying drug case against Myers – the Judge stated they should wait to make that request once the drug case goes proceeds with a preliminary hearing. According to court records, the incident occurred on the same day as the stabbing offense.
Judge Di Toro reiterated that there were no conditions which would ensure the safety of the community if Myers is released.
Kopecki then requested a bond hearing, set to be held Nov. 18.
An attorney for a carjacking suspect decided not to argue for his client’s release after he waived a preliminary hearing before DC Superior Court Judge Heide Herrmann on Oct .30.
Jordan Grice, 17, is charged with armed carjacking and possession of a firearm during a crime of violence, for his alleged involvement in three carjackings.
According to court documents, Grice was allegedly involved in a carjacking incident on Aug. 15 on the 300 block of T Street, NW. The records show a victim left a parked car parked overnight and upon returning in the morning it was gone.
Woods was also allegedly involved in a carjacking which occurred on Aug. 16 on the 1700 block of 10th Street, NW. According to court documents, the victim was parked on the street when a black SUV pulled up next to him and he was ordered to get out. The stolen vehicle was later found using a hidden Apple Air tag hidden inside.
Grice is also charged in connection to a carjacking incident that occurred on Aug. 17 on the 1100 block of 6th Street, NW. According to court documents, the victim’s car was parked in the street and he was sitting inside when a SUV pulled up. Then when two armed suspects approached him he fled.
During the hearing, defense counsel Craig Ricard presented a waiver of preliminary hearing on behalf of Grice. Ricard wavered about arguing for his client’s release but abandoned the idea.
The prosecution presented a report by the Pretrial Services Agency (PSA), which they said proves Grice is a danger. Judge Herrmann agreed there were no conditions which could ensure the safety of the community upon his release, and he will continue to be held awaiting his next hearing.
Eric Woods, 17, is charged with three counts of armed carjacking, three counts of robbery while armed, and three counts of possession of a firearm during crime of violence, for his alleged involvement in multiple carjackings.
Woods was allegedly involved in a carjacking on May 8 at the intersection of 7th and A Streets, SE. According to court documents, the three victims were delivering newspapers when one stepped out of a vehicle and was approached by a suspect from behind with a black rifle. The suspect demanded the other two exit the vehicle and proceeded to drive away.
Woods was also allegedly involved in a carjacking on May 13 on the 2100 block of Suitland Terrace, SE. According to court documents, the victim reported that he was carjacked at gunpoint by two suspects. He had just exited his parked car when one of the suspects, armed with a gun, approached him and demanded his keys, phone, and other belongings.
Woods is also charged in connection to an Oct. 11 carjacking incident that occurred at North Capitol and O Streets, NW.
During the preliminary hearing, Seth Schrager, Woods’ attorney, asked for a continuance as he has not had enough time to talk with Woods prior to the hearing. Judge Herrmann granted the motion.
Schrager also asked for Woods’ release which was opposed by the prosecution. Ultimately the request was denied by Judge Herrmann, who stated Woods cannot be released until a preliminary hearing is held or a waiver for the hearing is filed.
The Metropolitan Police Department (MPD) announced the arrest of 26-year-old Tariq White, who is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 16-year-old Devon Sharp. The incident took place on May 18 on the 1200 block of V Street, NW.
Upon responding to reports of a shooting, officers discovered Sharp, who was pronounced dead at the hospital on May 20.
DC Superior Court Judge Maribeth Raffinan ruled that the prosecution failed to establish a formal identification of two codefendants who were charged with a jail stabbing. The finding came during a hearing on Oct. 29.
Koran Gregory, 20, and Byron Matthews, 19, were charged with assault with intent to kill while armed for their alleged involvement in stabbing an inmate at the DC Jail on the 1900 block of D Street, SE, on Sept. 12.
Gregory and Matthews have additional charges against them in other cases.
Gregory is currently facing charges for his alleged involvement in a fatal drive-by shooting that killed 10-year-old Arianna Davis on May 14, 2023 on the 3700 block of Hayes Street, NE.
Matthews is facing charges for his involvement in a mass shooting that occurred on April, 21, 2023 on the 500 block of LeBaum Street, SE and the 2900 block of 2nd Street, SE. Eight individuals sustained injuries.
Matthews took a plea deal for his involvement in the mass shooting in August which dropped counts against him from fifty down to three. Sentencing is pending for the case.
According to court documents, the jail stabbing victim had been transferred to the defendants’ residential unit. In just 15 minutes after arrival,, he was attacked by “three to four” individuals whom he could not identify. The victim was taken to the hospital to treat several injuries.
Ruling for probable cause was delayed to review all of the evidence that the prosecution provided — testimony from the lead detective from the Metropolitan Police Department (MPD) and surveillance footage from the day of the incident was provided on Oct. 29.
Before ruling, Judge Raffinan mentioned that the prosecution did provide sufficient evidence to prove that an incident occurred at the DC Jail on Sept. 12.
However, she added the prosecution failed to provide sufficient evidence proving Gregory and Matthews were the perpetrators. No formal identification process was conducted among witnesses or the victim.
Judge Raffinan found no probable cause for the charge of assault with the intent to kill while armed, dismissing the case. However, she informed the defendants the prosecution can pursue a grand jury indictment.
Defendants are not released due charges in other cases. No further dates were set.
DC Superior Court Judge Michael Ryan delayed a defendant’s probation revocation on Oct. 30 following a pending conviction, in order for his new defense attorney to make arguments on his behalf.
On Nov. 30, 2020, Tyquell Fields, 29, pleaded guilty to assault with a dangerous weapon and carrying a pistol without a license outside a home or business, for his involvement in a non-fatal shooting incident on the 1300 block of Clay Terrace, NE, on March 18, 2020. The shooting left a victim suffering from minor injuries to his back.
According to court documents, Shot Spotter alerted the Metropolitan Police Department (MPD) to a potential shooting, and officers were dispatched to the location. MPD officers located the victim who was suffering from a gunshot wound to the upper back.
Video footage showed that two Black males got into a black Mercedes vehicle and drove off after the shooting. A “be on the lookout” (BOLO) was released, and an officer familiar with the incident scene and those who frequent the area recognized the suspect as Fields.
During the hearing, Fields’ defense attorney, Steven G. Polin, asked the Court for a continuance.
Polin stated Michael Bruckheim was the attorney representing Fields in a case in which he pleaded guilty to possessing a firearm despite being a convict. That caused the probation revocation in this matter and Polin wants to argue against the revocation.
According to Polin, Fields is expected to be sentenced in that on Dec. 13.
DC Superior Court Judge Maribeth Raffinan denied a murder defendant’s request for release on Oct. 25, and delayed a ruling for one of his co-defendants after he refused to come to court.
Steven Metts, 19, Keondre Carroll, 21, and Jovontae Wallace, 19, are charged with first-degree murder while armed, four counts of possession of a firearm during a crime of violence, robbery while armed and two counts of kidnapping while armed for their alleged involvement in the fatal shooting of 59-year-old Raymond Ballard on Jan. 23 on the 3000 block of Martin Luther King Jr. Avenue, SE.
They are also charged in connection to an armed robbery on a Metrobus at the intersection of Galveston Street, SW, and South Capitol Street, SE, on Jan. 24.
Carroll also faces charges of carrying a pistol outside a home or business, assault with a dangerous weapon and possession of a large-capacity ammunition feeding device.
Metts also faces charges of assault with a dangerous weapon, carrying a rifle or shotgun outside a home or place of business, possession of a large-capacity ammunition feeding device and an additional count of possession of a firearm during a crime of violence.
During a hearing on Oct. 25, Metts’ request for release while awaiting trial was denied by Judge Raffinan.
Meanwhile, Wallace’s attorney, Megan Allburn, argued that Wallace should be released, stating he has no criminal history, a supportive family, and has no evidence against him that proves he was a shooter.
The prosecution disagreed, and argued that Wallace was involved in “particularly dangerous offenses and two days of offenses,” making him a danger to the community.
The prosecution also argued that Wallace has shown a willingness to tamper with evidence because he deleted his Instagram account, which featured evidence of his alleged involvement in the incident. According to the prosecution, there are two outstanding weapons linked to the incident, raising the issue of potential tampering if Wallace is released.
Judge Raffinan stated that the defense must rebut the presumption of dangerousness for Wallace to be released, and that while the weight of the evidence against Wallace is weaker than against Metts and Carroll–still the judge said, not enough to rebut the presumption of dangerousness
Judge Raffinan argued that Wallace is connected to the vehicle involved in the incident and to his co-defendants, citing an Instagram live video of Wallace with his co-defendants 40 minutes before the murder of Ballard.
Judge Raffinan also cited that guns were recovered during Wallace’s arrest, and there are pictures of Wallace with guns.
According to US Marshals who transport prisoners, Carroll refused to come to court.
His lawyer, Gemma Stevens, alerted the court that she would inquire why he refuses to come to court as he did on Oct. 25.
Judge Raffinan refrained from ruling on Carroll’s request for release and set a continued date for Carroll’s hearing on Nov. 26.
DC Superior Court Judge Marisa Demeo granted a murder defendant’s request to suppress specific parts of an interrogation on constitutional grounds during a hearing on Oct. 29.
Warren Tyson, 53, is charged with second-degree murder while armed, carrying a dangerous weapon, and enticing a child for his alleged involvement in the fatal stabbing of Michael Johnson, 21, on Oct. 22, 2021, on the 4900 block of East Capitol Street, SE.
According to court documents, the stabbing followed an altercation about Tyson’s allegedly sending inappropriate material to a minor.
According to case records, Johnson sustained two stab wounds to the abdomen and cuts to his left arm, ultimately succumbing to his injuries.
During the hearing, a homicide detective from the Metropolitan Police Department (MPD) testified regarding his interview with Tyson. He testified that the interrogation was consensual, and the defendant was forthcoming.
Defense attorney Julie Swaney argued that the interrogation violated the defendant’s Fifth Amendment right against self-incrimination. In the interrogation footage, the defendant said he did not want to discuss text messages, in spite of the detective’s repeated inquiries.
Judge Demeo noted that Tyson selectively invoked his Fifth Amendment rights during questioning, often refusing to discuss the text messages. She affirmed that Tyson appeared mentally capable of understanding his rights, was responsive throughout the interview, and ruled to suppress parts of the interrogation transcript.
Information on a phone SIM card containing potential evidence has reportedly been missing since Oct. 25–another issue for the defense.
Judge Demeo granted the defense’s request for a jury instruction defining “beyond a reasonable doubt” and set additional instructions on provocation for further consideration pending review of the suppressed texts. Both parties agreed to comb through interview transcripts to clarify the extent of suppressed text messages.
