Lawyers Questioning Jury Fairness During Covid Want Additional Information About Racial Balance

Lawyers for the DC Public Defenders Service (PDS) told DC Superior Court Judge Marisa Demeo on Oct. 13 they still need more information about the jury selection process. They want to determine if 84 cases tried during Covid weren’t decided by racially balanced juries. If not, the defendants’ right to a trial by a jury of their peers may have been violated.

The litigation pits the PDS against the DC Superior Court, which empanels the juries, and the US Attorney’s Office which tries the cases. If their argument succeeds it could open the door to retrying dozens of felony cases that might be invalidated on constitutional grounds.

Jason Tulley, the lead Public Defender, filed a motion in 2022, “to grant discovery of information relating to the selection of jurors during the COVID-19 pandemic to ensure that…jurors have been selected from a fair cross-section of the D.C. community.” Specifically, were there enough black people in proportion to the DC population?

Since then Judge Demeo issued an order allowing the PDS Office to receive the Superior Court’s master list but with personal identifiable information redacted to protect the confidentiality of those named.

However, Tulley is asking for more, especially data related to the ages of those on the list as well as information about why a 2022 list hasn’t been updated.

“Much of this is unwarranted and unnecessary,” said Richard Sobiecki, representing the DC Superior Court. He noted that PDS had already made 15 requests for voting records.

“There’s a giant discrepancy in the lists,” said Tulley.

The lead US Attorney sided with Sobiecki and the DC courts saying the litigation has “gone on for years. This process needs to reach an end.”

“The wheels of justice haven’t ground to a halt,” said Tulley in justifying his requests for additional material.

Sobiecki said PDS is not entitled to a “100 percent understanding of the process (jury selection.)” “They have everything they need.”

Judge Demeo wanted to know if the additional information was related to racial issues or simply a fault in the system. “Did that have a racial impact,” and if so what was it? She also said it appeared the case is not just about what happened during the pandemic but whether jury panels generally have sufficient black representation.

If the information would advance discovery, she said it’s worth pursuing, also indicating she’d like to wrap up that process by the end of the year.

Sobiecki has 30 days to respond to the new information requests. Meanwhile, the parties in the case are expected to introduce expert testimony which could push the proceedings well into 2024.

The next hearing in the case is scheduled for Dec. 15.

Homicide Defendant Waives Right to Independent Testing

On Oct.13, a defendant waived his right to independently test evidence for DNA recovered from a homicide case.

Christian Johnson, 33, is charged with first-degree murder while armed – an offense committed during release, possession of a firearm during a crime of violence, carrying a pistol without a license outside a home or business, and unlawful possession of a firearm by a prior convict, for his alleged involvement in the shooting of 25-year-old Lavonte McCould on Nov. 25 2021, on the 1600 block of Kenilworth Avenue, NE.

According to witnesses, McCloud and Johnson had a tense relationship in addition to a child with the same woman. Johnson is currently on release because the prosecution failed to file an indictment within the nine-month deadline.

The prosecution chose to have no DNA testing conducted.

Defense counsel, Dominique Winters, informed the court that Johnson waives his right to independent DNA testing. Parties are expected back to court before DC Superior Court Judge Robert Okun on Jan. 12, 2024.

Judge Denies Homicide Defendant’s Request for Release

On Oct. 13, DC Superior Court Judge Robert Okun denied a homicide defendant’s motion for release.

Morris Jones, 39, is charged with first-degree murder while armed, conspiracy, assault with intent to kill while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, and destruction of property of $1000 or more while armed, for his alleged involvement in the fatal shooting of 38-year-old Tiffany Wiggins, on April 17, 2022 at the 3800 block of Minnesota Avenue, NE.

Prosecutors called the Metropolitan Police Department’s (MPD) lead detective on the case. The officer was questioned regarding surveillance footage that allegedly captured the vehicle used in the incident, in addition to a cellular device thought to be used by Jones at the time of the crime.

The detective stated a Facebook account in the cellular device was allegedly linked to Jones’s name. According to the detective, a witness claimed that Jones did use the device. When asked about the surveillance footage, the detective stated that one of the individuals presented in the footage was Jones, saying he had the same complexion and features.

During cross examination, Jones’s defense attorney, Prescott Loveland, argued that there was inconsistent information provided, stating that there was “no DNA, [and] no fingerprints in this case”. Loveland questioned the evidence’s credibility, stating that the surveillance footage was unreliable due to its nature of being “blurry”.

However, Judge Okun found probable cause, stating that the evidence does show the defendant at the scene of crime. Judge Okun stated that the case against Jones is stronger than it was at his preliminary hearing based on the recent evidence provided.

Judge Okun denied the release motion.

Parties are expected back on Dec. 1.

First-Degree Murder Defendant Asserts Right to Independent DNA Testing

On Oct. 13th, defendant Jacobi Williams asserted his right to independently test evidence found at a crime scene for DNA in a hearing before DC Superior Court Judge Robert Okun.

Williams, 35, is charged with first-degree murder, armed carjacking, assault with intent to kill, and three counts of possession of a firearm during a crime of violence all while on release in connection with the alleged shooting of Phillip Roache, 38, that took place on Sept. 17, 2022, on the 7000 block of 5th Street NW.

According to court documents, after officers arrived at the scene they discovered two victims, one with a wound to the midsection of his body, who survived, and Roache, who sustained 10 gunshot wounds.

Wole Falodun, Williams’ defense attorney, alerted the court they plan on getting evidence tested through a lab of their choice.

The prosecution requested parties return to court early next year due to the lengthy time frame of DNA testing. Defense was in agreement.

Parties are expected back Jan. 19 for a status hearing.

Defense Will Contest Homicide Defendant’s Competency Determination

On Oct. 13, defense attorneys for Stephon Shields alerted the court they were planning to contest the results of a competency test by the Department of Behavioral Health (DBH).

Shields, 27, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 58-year-old James Samuels. The incident occurred on June 2 on the 2900 block of Nelson Place, SE.

According to court documents, Shields went to his ex-girlfriend’s apartment building demanding to know, “Who the f**k in your house?”. Then Shields allegedly confronted his ex-girlfriend’s fiance in his apartment and the two got into a struggle. In the heat of the argument, Shields reportedly shot Samuels many times. Police counted 22 wounds in Samuels’ body including one in his penis.

On Oct. 12, following a request from Shields’ attorney, Sylvia Smith, for a mental competency exam, DBH shared a forensic inpatient services report.

According to DC Superior Court Judge Rainey Brandt, the doctor at DBH that evaluated Shields found him competent to withstand trial.

Smith stated she had concerns about the report, arguing that, although they concluded he is competent, he clearly stated he didn’t understand the trial process, the role of the attorneys, witnesses, and judge, all of which, Smith argued, are “strikingly concerning”.

She also argued it is concerning they found him competent when he has discussed having auditory and visual hallucinations.

Smith alerted Judge Brandt they are planning to contest the report and requested additional time to find an expert that can evaluate Shields.

Smith also requested Shields continue in detention at St. Elizabeth’s Hospital to ensure that he remains stable and receives the medical treatment he would not get at the DC Jail.

Prosecutors deferred to the report, arguing that the doctor’s found him competent and it is not necessary to continue holding him at St. Elizabeth’s. They argued he should be sent back to the Department of Corrections (DoC) and if they deem it necessary for him to be held in the medical unit, that’s what they can do.

“This is very interesting,” said Judge Brandt, making an observation that this is one of many different mental evaluation reports that have mixed conclusions.

Judge Brandt stated she would continue to hold Shields at St. Elizabeth’s until the defense’s expert is able to interview him, but that if St. Elizabeth’s argues he needs to be removed because he was found competent, they’ll “need to have a tough conversation” about his confinement location.

Smith stated Shields had written a letter to the court, which she did not immediately have available, requesting he be released under home confinement. According to Smith, in the letter, Shields stated he is willing to comply with any conditions of release, and will request to read the letter in person at the next hearing.

Judge Brandt told Smith to file a motion for bond review with the letter to allow the prosecutors to file a response. They will be discussed at the next hearing.

Parties are expected back Nov. 17.

Judge Grants Defense Motion To Deliver Witness Names In Homicide Case

On Oct. 13, DC Superior Court Judge Rainey Brandt granted a homicide defendant’s motion to compel prosecutors to share names and contact information for witnesses.

Duron Hudson, 22, is charged with second-degree murder while armed – offenses committed during release, and robbery offenses committed during release, for his alleged involvement in the death of Nahzil Zaid Abdul Rahim on Nov. 29, 2019, on the 1200 block of U Street, NW.

On Sept. 20, Varsha Govindaraju and Mani Golzari, Hudson’s defense attorneys, filed a motion to compel production of witness names and contact information, arguing that the prosecutors have not disclosed any contact information or names for witnesses that were present during the incident in 2019, for which Hudson was not charged with until 2023, almost four years later.

Govindaraju and Golzari argued they are unable to thoroughly investigate the case if they don’t have witness names and contact information they need to represent Hudson fairly.

Prosecutors opposed the motion without publicly explaining why.

Judge Brandt argued that the defense is “starting off at a huge disadvantage” in this case because the incident occurred almost four years ago. She stated that “names are needed to be turned over for fundamental fairness,” arguing that the witnesses would not be endangered if their information is shared with the defense due to a protective order that requires the defense attorneys withhold the witnesses’ identifying information from Hudson.

Judge Brandt ordered prosecutors to disclose the names and contact information to the defense by the end of the business day on Oct. 13.

Parties are expected back for a detention hearing on Dec. 20.

Victims’ Families Express Grief at Homicide Sentencing

On Oct. 13, DC Superior Court Judge Robert Okun sentenced Jalen Browne to 67-and-a -half years incarceration in connection to a homicide.

On July 21, following a jury trial, Browne, 22, was convicted of two counts of first-degree premeditated murder while armed, four counts of assault with intent to kill while armed, and six counts of possession of a firearm during a crime of violence, for his involvement in the fatal shooting of 22-year-old Jovan Hill Jr and 19-year-old Tariq Riley on July 25, 2021, at the 100 block of Q Street, NW.

According to court documents, Hill and Riley sustained multiple gunshot wounds. Surveillance footage captured Browne hiding behind a bush for a shortly before the shooting occurred and as he was fleeing the scene in a vehicle. The motive, according to the prosecution, was retaliation for an attempted robbery of Browne’s car.

The prosecution requested a 120 year sentence, stating that the “level of sophistication in [his] crime” did not favor minimum sentencing under the guidelines. The prosecutor said there was an “absence of remorse”, based on the level of premeditation. According to court documents, Browne disguised himself using camouflage and brought a backpack to the scene.

The prosecution said Browne couldn’t claim he came from a disadvantaged background, because ,”He had all the positive things”. Further that Browne came from a good family, went to college, had a job, and was involved in the community.

Nor could he could not claim mental illness.

Hill and Riley’s family members appeared before the court to deliver victim statements.

Both expressed their grief and anger. Riley’s mother explained how “ [She] had to live with [her] child being dead”, urging the court “to impose the most severe sentencing.” She explained how Browne’s “cowardly” actions continue to “ripple” throughout her entire family. Riley was described as “adored by many”.

Hill’s mother said there are no words to describe the way she is feeling. “These past 810 days have been a roller coaster of emotion… you took my baby away from me..you took my son away because of your pride,” she directed towards the defendant.

Douglas Wood, Browne’s defense attorney, said the suggested sentence, was “over the top” and “inappropriate”. He described Browne as a “mature young man,” adding that he “comes from a very good family, overcame learning disability…always worked… well loved in this community”. Wood urged Judge Okun to take these factors into consideration, asking for a “reasonable and merciful sentence”.

“I can only pray that you can show mercy on me today,” said Browne as he addressed the court.

The court addressed the “seriousness of [the] crime” saying that it “cannot be overstated”.

Judge Okun sentenced Browne to 810 months of incarceration followed by a 5 year supervised release.

Browne is also required to register as a gun offender and pay a fine of 100 dollars to the Victim of Violent Crimes Fund.

Homicide Defendant Pleads ‘Not Guilty’ During Arraignment

On Oct. 13, a homicide defendant was arraigned before DC Superior Court Judge Robert Okun.

Juvan Alston, 21, is charged with premeditated first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license alongside his 20-year-old brother, Davon Alston, for their alleged involvement in the death of 17-year-old Dennis Simms. Simms was shot and killed on the 800 block of Yuma Street, SE on July 1, 2022. Davon Alston is charged with first-degree murder and awaits indictment.

Stephen Logerfo, Juvan’s defense attorney, alerted the court he was pleading not guilty and asserted his constitutional rights.

Alston’s brother and co-defendant, Davon, was also present in court for a felony status conference.

A trial date was set for April 2025.

Parties are expected back Dec. 1 for a status hearing.

Document: Man Dead After a Motorcycle Accident in Southeast, DC

The Metropolitan Police Department’s (MPD) Major Crash Investigations Unit is investigating a traffic fatality that killed a man on Oct. 12 on I-295 South at exit 1C.

According to MPD documents, in the early hours of the morning, a 2021 Harley Davidson Trike was traveling southbound on I-295, and attempted to take the 1C exit towards Martin Luther King Jr. Avenue and 11th Street, SE. While on the ramp, the motorcycle struck the guard rail, ejecting the man over the rail.

The man was pronounced dead at the scene. He was identified as 59-year-old Don Antonio Coleman.

Homicide Defendant Enters Alford Plea Asserting Conditional Innocence

On Oct. 13, a homicide defendant entered into an Alford plea meaning he maintains innocence, but acknowledges the government has enough evidence to convict him.

Roger Hamilton, 38, was indicted on second-degree murder, driving under the influence of alcohol or a drug, and reckless driving, for his involvement in a fatal car accident that occurred on March 3, 2018, at the 3200 block of Wheeler Road, SE. He was allegedly traveling at a speed of 68.6 miles per hour when he collided with Vincent Childs, 42, resulting in Childs’ death.

Witnesses on the scene stated that Hamilton’s breath smelled as though he had been drinking. Hamilton later agreed to a breath sample, which came back over the legal limit for operating a vehicle.

His decision to enter an Alford plea agreement before DC Superior Court Judge Anthony Epstein. means the defendant does not admit guilt but agrees there is enough evidence for a conviction. The defendant will still be sentenced as if he pleaded guilty but to reduced charges.

The agreement, offered by prosecutors, required Hamilton to plead guilty to negligent homicide, in exchange for a dismissal of all other counts.He faces a minimum of one year in prison and three years supervised release and be required to make a payment to the Crime Victims Compensation fund (CVCF).

Sentencing is scheduled for Dec. 4.

Defendant Waives Right for DNA Testing in Fatal Stabbing

On Oct. 13, a homicide defendant waived his right to independently test DNA evidence before DC Superior Court Judge Michael O’Keefe.

Charles Haythe, 32, is charged with second-degree murder, carrying a dangerous weapon outside a home or business, and possession of a prohibited weapon for his alleged involvement in the fatal stabbing of 26-year-old Aaron Langford on Oct. 25, 2021, on the 1600 block of 18th Street, SE

According to court documents, a witness alleged Haythe and Langford had been in a hostile relationship for approximately five years.

Prosecution said no DNA profile was recovered from the bloody knife found at the scene, and there was no evidence to test.

Haythe waived his right for DNA testing.

Parties are expected to reconvene on Jan. 12 for a status hearing to set a motions schedule.

Case Acquitted: Closing Arguments in Drug-Related Homicide Trial

This case has been acquitted.

On Oct. 12, parties delivered closing arguments regarding a 2017 homicide case about a possible drug deal gone wrong in front of DC Superior Court Judge Robert Okun and a jury.

Cedric Alexander, also known as Tony White, 52, is charged with first-degree murder while armed, robbery while armed, two counts of possession during a crime of violence, unlawful possession of a firearm with a prior crime of violence, and carrying a pistol without a license outside the home or place of business with a prior felony for his alleged involvement in the fatal shooting of 38-year-old Daquan Hooks on the 1900 block of 13th Street, SE on March 23, 2017.

The prosecutors started by quoting one of Alexander’s recorded jail calls with his ex-wife.

“I’m gonna have to answer to God for that,”Alexander said on the call, to which the prosecutor said one would only say this if “something extremely serious happened”.

The prosecutor discussed Alexander’s ex-wife’s testimony, and reminded the jury she explained that she heard significant information in Alexander’s phone call in the early morning hours the day of the crime.

She heard him saying to someone that he “needs a ride and a gun”. There are messages from that morning that have been deleted, most likely coordinating pickup with an accomplice, the prosecution said.

The prosecutor insisted this was Alexander’s way of “laying his trap” for Hooks, and getting him to meet up.

According to phone records, the last person to speak to Hooks on the phone was Alexander, and the prosecutor exclaimed that this was “the last phone call he will ever take for the rest of his life”.

The prosecutor then referenced the impact of Hooks’ death on his loved ones. According to prosecutors, when Hooks died, the news spread throughout the community. “His loss was felt.”

Prosecutors also discussed what occurred after Alexander returned home the morning of the incident.

His ex-wife testified he had a large ziploc bag, full of smaller ziploc bags possibly related to a drug purchase.

According to Alexander’s ex-wife, that same morning, she witnessed her husband go outside and throw things away in the dumpster, including the jacket he wore the day of the incident.

The prosecutors brought up jail calls possibly about getting rid evidence, and going to extra lengths to get drugs from Hooks.

“What did I have to do to get that s***? You seen me throw them clothes away? What did that mean? That mean I broke the law. I gotta answer to God for that s***!,” he reportedly said in the call.

The prosecution played another jail call with Alexander’s ex-wife where he says “It’s trying to come back and bite me”.

The prosecution ended by referencing a metaphor the defense used in their opening statement. The defense counsel referred to a puzzle, and how this case has many missing pieces. The prosecutor said, “Even with missing pieces in a puzzle, you can still see the picture”.

Judge Okun then called upon defense counsel to deliver their closing arguments.

“[Alexander] is here because of his calls and his texts”, Sellano Simmons stated.

Simmons explained that Hooks’ family members described him as a drug dealer, and that there could be many people who could had a motive to kill him.

“There’s been no evidence to show that [Alexander] shot and killed Hooks”, Simmons said. According to Simmons, there was no report of gunshots by any witnesses or by the Shotspotter platform, which has several detectors throughout the city to alert the Metropolitan Police Department (MPD) of shootings.

Simmons said testimony from Alexander’s family was questionable because the two of them were estranged and he was unlikely to confide in that individual about committing murder. Simmons also said the family member took drugs from Hooks’ dead body, claiming he did want Hooks to get charged with possession.

Simmons questioned the real motivation behind taking these drugs. asking, “How does a dead man catch a charge?”. He also pointed out that Hooks sold his drugs with pictures of the devil on the containers, something Alexander’s ex-wife didn’t mention.

Simmons also discussed Hooks’ stolen vehicle. “If [Alexander’s] DNA was in that car, we would have known,” Simmons said.

As for Alexander’s deleted texts, Simmons says Alexander was afraid he would wrongly be accused of Alexander’s murder.

“There was no DNA, no fingerprints, and no ballistics,” Simmons claimed.

The jury then began deliberations, which are expected to last for several days.

Document: Suspect Sought in a Northeast Shooting

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating a suspect connected to a non-fatal shooting that occurred on Aug. 23, on the 3900 block of Minnesota Avenue, NE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located an adult male suffering from a gunshot wound. He was taken to a local hospital for the treatment of non-life-threatening injuries.

The suspect was captured by surveillance footage and can be seen in the video below.

Murder Defendant Denied Release

On Oct. 12, DC Superior Court Judge Marisa Demeo denied a homicide defendant’s request for release.

Terrance Stoney, 30, is being charged with second-degree murder for his alleged involvement in the shooting death of Donte Tiller, 43. The incident took place on March 17 at the intersection of Naylor Road and Southern Avenue, SE.

Stoney’s attorney, Nikki Lotze, argued that because of his strong community support, compliance with release in an unrelated case, and dedication to his children, he should be released as he is not a danger to the community.

Prosecution argued that due to the violent nature of the crime, it would be a danger to the community to allow him to be released.

“He’s a complex person who does dangerous things in the community,” said Judge Marisa Demeo.

Stoney was denied release by Judge Demeo, who cited his severe criminal record and the severeness of the crime as the reasons.

A status hearing is scheduled for Dec. 11.

Double Homicide Defendant Arraigned on Nine Charges

On Oct. 12, Amarii Fontanelle was arraigned before DC Superior Court Judge Maribeth Raffinan in a nine count murder indictment.

Fontanelle, 20, is charged with first-degree murder premeditated, first-degree murder premeditated while armed, four counts of possession of a firearm during a crime of violence, possession of a firearm during a crime of violence while armed, assault with intent to kill while armed, and aggravated assault knowingly while armed.

These charges are for his suspected involvement in the murders of 19-year-old Reginald Lamont Cooper, Jr. and 19-year-old Davonte Berkley on Oct. 17, 2022 on the 1300 block of Congress Street, SE. He is also accused of shooting a third victim, who survived.

Fontanelle’s defense lawyer Kevin Mosley, alerted the court he is pleading not guilty to all charges, and asserted his constitutional rights, including the right to a speedy trial.

Parties are expected back on Nov. 14 for a status hearing.

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