Sex Abuse Trial Closes 3 Days Earlier Than Expected

Three days earlier than anticipated, a sex abuse trial concluded with closing arguments on Feb. 1.

The case, which had been unsolved for years, involved a 47-year-old defendant who is charged with first-degree burglary, kidnapping, assault with intent to commit first-degree sexual abuse with force, robbery, and two counts of first-degree sexual abuse while threatening the victim in connection to a sex assault on June 12, 2010, on the 1700 block of Lanier Place, NW.

The prosecutor told the jury that the defendant broke into the victims home in the early hours of June 12, 2010, forced himself on the victim and a struggle ensued. The victim was able to scratch the attackers face.

The DNA profile identified the defendant, said the prosecutor.

She said the victim’s phone was also stolen during the offense, which also led back to the defendant since there were several calls made to known associates of the defendant.

The prosecutor said DNA testing was conducted on Nov. 5, 2010, which resulted in the tests coming back that a mixture of DNA was found from under the victims fingernails. The contributor was both the victim and one male, in which the defendant could not be excluded.

“It’s important to know the difference between evidence and argument,” defense attorney Thomas Healy told the jury.

He argued that the investigation in this case wasn’t thorough.

The victims ear was not swabbed for DNA, the book that slipped and hit the suspects head, the picture frame that also was claimed to have been touched, the bed sheets, and the cell phone cord where the phone was charging at the time of the offense were never swabbed, he said.

“Because of their poor investigation, we are here today,” Healy continued.

The jury began deliberations on Feb. 2.

Judge Grants Prosecution’s Request For Pretrial Hold in Murder Case

Even though evidence weighed in the defendant’s favor, DC Superior Court Judge Maribeth Raffinan granted the prosecution’s request for a pretrial hold to guarantee the community’s safety.

On Feb.12, 2020, Metropolitan Police Department (MPD) responded to a shooting on the 800 block of 51st Street, SE. Ky’lee Palmer is charged with first-degree murder while armed, assault to kill while armed, possession of a firearm, tampering with physical evidence, and destruction of property worth $1,000 or more for allegedly shooting 60-year-old Barron Goodwin. Palmer is also charged with kidnapping while armed and unlawful possession of a firearm with a prior conviction in another case.

Palmer, 23, was not connected to the shooting until 2022 after he was arrested regarding an armed kidnapping. He also rejected a plea offer on Jan. 25 for murder and two of the eight charges from the two cases.

During a felony status conference on Feb.1, Judge Raffinan changed Palmer’s $500 cash bond to pre-trial detention.

Judge Raffinan said she had serious concerns regarding Palmer’s criminal history and characteristics leading her to believe that pretrial detention is the right choice for the community’s safety even though the evidence provided is in Palmer’s favor.

Attorney David Akulian, on behalf of Palmer, requested for a trial date to be set as soon as possible.

Due to a conflict with Palmer’s other case, parties were not able to schedule a trial date. The defense will request a date after a pending trial for another case is resolved.

A status hearing is scheduled for May 19.

Sexual Assault Defendant Waives His Right to Preliminary Hearing, Case Bound for Grand Jury

On Feb. 1, a defendant in a sexual assault case waived his right to a formal reading of his charges, thus forfeiting his preliminary hearing.

The defendant, a home health aid, was charged with allegedly sexually assaulting his patient on Nov. 17 2022. The victim is an elderly woman who suffers from dementia and requires 24-hour care.

Later that night, the assault was witnessed over video footage collected by the patient’s daughter. The daughter was reviewing film on the home camera to find proof of her mother falling the night of the Nov. 16, but rather, found evidence of the assault.

At the start of the hearing, DC Superior Court Judge Anthony C. Epstein brought attention to the fact that the defendant’s attorney, Peter Odom, was supposed to step away from the case.

It was previously determined in a status hearing that Odom would be stepping down from the case and another attorney would take the role as case lead. However, due to the defendant’s financial situation he was unable to secure said attorney as counsel.

Also, Odom said the defendant requires an interpreter for all his legal interactions –– something he has experience with. Because of his familiarity with the issue, Odom said he would take the case pro-bono.

It is unknown if the alternative attorney will join the case periodically as co-counsel.

After the defendant and his legal team waived their right to a preliminary hearing the prosecution said they will extend a plea offer in the upcoming weeks.

The date of the next hearing has yet to be determined.

Defense Files Motion to Suppress Use of Defendant’s iCloud Data In Trial

A murder defendant appeared in front of D.C. Superior Court Judge Anthony C. Epstein on Feb. 1 to discuss a pending motion in his case.

Joshua Emmanuel Franklin was indicted on three charges including first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm, all committed during his release, in connection with the shooting of Andrew Session on Jan. 21, 2021, on the 4400 block of 3rd Street SE. He pleaded not guilty to all three charges.

Franklin, 37, and his defense attorneys, Steven Ogilvie and Jason Kalafat, appeared in court and brought their pending motion to suppress to Judge Epstein’s attention.

D.C. Witness previously reported that a detective on the case testified that Franklin’s cell phone was collected at the scene of the crime. The prosecution searched his cell phone, as well as the iCloud data from his current and all previously owned cell phones.

In addition, the prosecution searched the data of his daughter’s cell phone while accessing Franklin’s iCloud data. As a result, Ogilvie filed a motion to suppress the use of the iCloud data, both from Franklin’s devices and his daughter’s phone, arguing that it extended beyond the scope of the incident.

Ogilvie questioned if Franklin’s daughter consented to the search of her data.

In response, the prosecution questioned if Franklin has any standing to challenge the search as he has no legal custody of his daughter.

It is unclear whether or not the prosecution’s warrant to search Franklin’s device also included the right to search his iCloud data or information on his daughter’s account.

Judge Epstein did not rule on the motion, and the parties agreed to schedule an evidentiary hearing so the defense may bring in witnesses to demonstrate that the prosecution exceeded what data they were allowed to search.

Ogilvie said he estimates he will call two to three witnesses, one of them being Franklin’s daughter.

All parties are scheduled to return for the hearing on May 18.

Document: Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Feb. 1, on the 4500 block of Benning Road, SE.

According to a press release, at about 8:02 pm, officers located 45-year-old Marcus Jones suffering from an apparent gunshot wound. He was pronounced dead at the scene.

Document: Arrest made in a Southeast Homicide

Metropolitan Police Department detectives made an arrest that occurred on Feb. 1, inside of the Potomac Avenue Metro Station.

According to a press release, at about 9:19 am, officers responded to the report of gunshots at the Potomac Avenue Metro Station. Officers arrived and discovered two male shooting victims.

The suspect brandished a handgun and engaged in an altercation with a male victim on a Metrobus. After getting off the bus, the suspect fired his weapon at the victim. The victim was taken from the scene and brought to a nearby hospital.

The suspect then entered the Potomac Avenue Metro Station and fired the handgun again striking the second victim.

A WMATA employee made an effort to stop the suspect and intervene, but was fatally shot by the suspect.

The suspect was disarmed by passengers on the Metro rail car.

The decedent has been identified as 64-year-old Robert Cunningham.

On Feb. 1, 31-year-old Isaiah Trotman was arrested and charged with first-degree murder while armed, kidnapping while armed and assault with a dangerous weapon.

Co-defendants Appear for Motion Hearing in Preparation for 10 Year Old’s Murder Trial

Six of nine co-defendants in a murder case appeared in court on Jan. 31 in front of D.C. Superior Court Judge Robert Okun for a motion hearing to prepare for trial.

Marquell Cobbs, Darrise Jeffers, Gregory Taylor, Isaiah Murchison, Quentin Michals, and Qujuan Thomas are all charged with first-degree murder, and additional charges, in connection with the alleged shooting of 10-year-old Makiyah Wilson.

The motions discussed in this hearing were filed on behalf of Jeffers, 23, Cobbs, 21, and Murchison, 23.

Jeffers’s defense attorney, Philip C. Andonian, filed a motion to preclude the prosecution from allowing witness interpretation of words and phrases, not of common knowledge to the public, used by Jeffers and his co-defendants on an audio recording of a phone call that occurred around the time of the incident.

Andonian argued that because the witness has no personal association with Jeffers or the other defendants that any interpretation of their lingo would be inaccurate.

When questioned by Judge Okun, the prosecution assured the witness would not be asked to interpret the lingo in question but would simply be asked to identify the voices in the audio recording.

Judge Okun denied the defense’s motion.

Cobbs’ defense attorney, Kevin J. McCants filed two motions, one of which has two parts.

In regard to the first motion, the first part to disallow the prosecution from using a particular photograph of multiple firearms against Cobbs until they’re able to link the weapons either directly to Cobbs or to the incident in question.

The second part was included in an attempt to make the jury aware that Cobbs was a 17-year-old juvenile at the time of his initial charge.

The prosecution argued that the photo of the firearms is being used as evidence for Cobbs’ conspiracy charge. Additionally, she felt the second part was unnecessary as the defendant’s age could easily be presented to the jury during trial.

McCants filed another motion to try and sever Cobbs from the other defendants in this case. He argued that because Cobbs wasn’t at the scene of the crime on the day of the incident in question that he should be tried separately.

The prosecution argued against this by listing off the evidence they have against Cobbs to demonstrate that even though he wasn’t present during the incident he was just as involved as his co-defendants.

Judge Okun denied both of McCant’s motions.

The third and final motion discussed in this hearing was filed by Murchison’s defense attorney, Elizabeth J. Weller.

Unlike his co-defendants who were arrested in 2019, Murchison was not arrested for allegedly shooting Wilson until August 2020 and had an outstanding bench warrant for over a year after the incident.

Weller filed the motion so the prosecution couldn’t use any flight evidence they had against her client. She argued that the evidence relied too heavily on inferential data and that there is no evidence directly pointing to Murchison being aware of his bench warrant.

The prosecution argued that his immediate family as well as an alleged girlfriend knew of his warrant and that it is logical to assume that they relayed this information to Murchison.

In addition, the prosecution pointed out that Murchison didn’t give his legal name to the police when arrested. He only responded with a wink when the officers referred to him by his nickname. She argued that this was in an attempt to elude his arrest.

As of Feb. 1, Judge Okun has not reached a decision on this motion. He said he needed to review the evidence as both sides had compelling arguments.

All parties are scheduled to return to court on Feb. 6 for jury selection as they continue to prepare for the long-awaited trial.

Homicides and Non-Fatal Shootings Increase in January, Data Shows

Overall, January 2023 saw a 36 percent increase from December 2022 in the number of total homicides and non-fatal shootings. However, in terms of the number of homicides alone, January saw nearly a 17 percent increase from December.

Mondays appeared to be the deadliest day of the week in DC in January with 10 of the 34 total homicides and non-fatal shootings in the district. There were 14 homicides and 30 non-fatal shootings.

According to D.C. Witness data, the victims of January’s incidents range in age from 6 years old to 56 years old.

In January, nine homicides resulted from shootings, three homicides resulted from stabbings and two homicides resulted from trauma. .

There was also one mass shooting, which left three victims injured and one dead. The shooting occurred on Jan. 3 on the 6200 block of Georgia Avenue, NW. Two adult male victims and one juvenile male victim sustained non-fatal injuries, and 33 year-old Benjie Byers was pronounced dead at the scene.

The suspect of the mass shooting remains unknown, as do many of the suspects involved in January’s incidents as of March 7. Out of the three fatal and non-fatal shootings in January, only six suspects have been apprehended.

One of these suspects is 31-year-old Tyriq Williams, who is charged with first-degree murder for allegedly murdering Terry Clark, 20, on Jan. 7 on the 1200 block of Half Street, SE.

DC Superior Court Judge Anthony Epstein, who presided over Williams’s case, found no evidence of self-defense and no explanation for the calm demeanor Williams portrayed after the shooting.

There was surveillance footage from the Navy Yard Metro Station, showing the moments leading up to the shooting and after. However, the detective on the case said there was no actual footage of the shooting or of Williams possessing a firearm.

The detective also stated there had been no forensic evidence connecting Williams to the crime.

Despite Williams having no prior criminal history and being a positive role model in the community, according to his attorney Kevin Mosley, DC Superior Court Judge Robert Okun denied the defense’s home confinement request that was made on Jan. 31.

Williams remains in custody.

Judge Pushes Ruling on Release in 30- Year Old Homicide

In a Feb. 1 hearing, DC Superior Court Judge Maribeth Raffinan delayed ruling on a motion of release in a homicide from 1993.

William Ransford, 59, is charged with second-degree murder in connection to the strangulation of Debra McManus, 39, near Ballou High School on Oct. 23, 1993.

McManus was found near the woods by the high school with visible scratches and signs of strangulation. DNA testing in 1993 did not provide any definitive profiles, howeverthe evidence was retested in 2020 and DNA from McManus’s left sock matched with Ransford’s.

Defense attorneys Dana Page and Molly Bunke argued for the release of Ransford, outlining a plan, and emphasizing his weaker state due to an undisclosed medical condition..

“Due to his fragility, he is a low risk to the community,” Bunke said.

The prosecution opposed release because of Ransford’s criminal history. “It does not take much physical strength to sexually assault another person.”

The prosecution also discussed an open investigation into a rape in Maryland that has ties to Ransford.

Ransford has prior rape allegations in 1993, as well as sexual assault allegations in 2001, and has a failure to register as a sex offender conviction.

Judge Raffinan expressed concern for Ransford’s admittance back into the community and needed more time to look over all information before making a ruling.

The next hearing is scheduled for Feb. 7.

Judge Vacates Trial Date in Sexual Assault Case

During a Feb. 1 felony arraignment hearing, a sexual assault trial date was vacated to allow the defense time to reevaluate potential plea offers.

On July 9, 2022, the defendant allegedly entered an unlocked apartment on the 100 Block of I St., SE. Court documents state the defendant made his way through the apartment and into the victim’s bedroom.

Once inside, the defendant allegedly attempted to climb into bed with the victim and assault her. He was soon gridlocked by the witness, a 24-hour home nurse. The witness was employed to assist the victim who is a double amputee.

Upon implementing an official investigation, Metropolitan Police Department (MPD) officers questioned other residents in the apartment complex. It was discovered that the defendant had previously walked into an adjacent unlocked apartment uninvited and unannounced. After refusing to leave, the defendant was physically removed by the renter.

The defendant is being held in DC Jail for assault with intent to commit first-degree sexual abuse, burglary, and third-degree sexual abuse by use of force.

Since his initial arrest, court documents from the DC Jail have described the defendant as “unmanageable,” resulting in multiple mental health screenings and competency evaluations.

Todd S. Baldwin, the defense attorney, entered a plea of not guilty. He also requested a 30-day extension to inform his client of the available plea offers.

DC Superior Court Judge Anthony C. Epstein approved the request and vacated the trial date previously set for March 6 and scheduled a jury trial in its place for March 13.

A status hearing is now scheduled for the March 6 date.

Preliminary Hearing Date Set for Murder Defendant

During a status hearing on Feb. 1, DC Superior Court Judge Maribeth Raffinan scheduled a preliminary hearing for the second-degree murder case along with discussing a motion for release previously filed by the defense.

Thirty-one-year-old Julian Ruffin is charged with second-degree murder while armed for allegedly stabbing Alphonso Lee, 38, during an incident on Oct. 7, 2022, on the 1500 block of Butler Street, SE.

Ruffin previously rejected a plea back in November 2022 for voluntary manslaughter while armed, resulting in 6 years of incarceration and 5 years of supervised release.

A preliminary hearing is scheduled for Feb. 15

Defense Requests Later Status Hearing to Review Prosecution Data

Two months after he was officially arraigned, a murder defendant appeared in front of D.C. Superior Court Judge Anthony C. Epstein on Feb. 1.

Darrow Johnson, 38, was indicted on three counts, including first-degree murder while armed, unlawful possession of a firearm, and possession of a firearm during a crime of violence all while violating a gun-free zone in connection with the murder of Michael Whitehead. He pleaded not guilty to all charges.

Johnson’s defense attorney, Matthew Davies, told Judge Epstein that the prosecution had recently uploaded a significant amount of evidence, which he had not yet had the chance to review prior to the hearing.

To allow the defense time to review the evidence, Judge Epstein scheduled another status hearing for a later date.

The incident in question occurred on Feb. 27, 2021. After receiving a 911 call regarding the sound of gunshots, Metropolitan Police Department (MPD) officers were dispatched to the 100 block of N Street, NW where they found Whitehead with a single gunshot wound to the chest, according to court documents. He was taken to a local hospital where he was pronounced dead.

All parties are scheduled to return to court on April 7.

Judge finds Probable Cause in Shooting Case

DC Superior Court Judge Maribeth Raffinan determined there was probable cause in a Feb. 1 preliminary hearing for a murder case.

Desmond Gaskin, 37, is being charged with second-degree murder while armed in connection to allegedly shooting William Frederick Whittington, Jr., 40. The shooting occurred on the 400 block of Burbank Street, SE on July 19, 2022.

Defense attorney Jason Tulley cross-examined a Metropolitan Police Department (MPD) detective during the hearing. He also questioned an Investigative Specialist of the Public Defender Service about the building’s camera system in front of where the shooting occurred, phone records, self-defense, and the credibility of the witnesses to the crime.

Gaskin has multiple prior convictions, according to the DC Superior Court’s website. His convictions include possession with intent to distribute and unlawful possession of a firearm.

The next hearing was scheduled for Feb. 2.

Judge Sentences Defendant to 7 Years in Prison

During a sentencing hearing on Feb. 1, DC Superior Court Judge Robert Okun sentenced a defendant to 13 years in prison for an attempted sexual assault case.

Akiem Williams, 38, was initially charged with assault with intent to commit first-degree sexual abuse (force), first-degree burglary, kidnapping, two counts of lewd, indecent, or obscene acts, sexual abuse from a misdemeanor where the defendant was found guilty of committing sexual offenses against two or more victims, and third-degree sexual abuse where defendant was found guilty of committing sexual offenses against two or more victims for an instance that occurred on Sep. 6, 2020, on the 800 block of Quincy Street, NW.

Judge Okun sentenced Williams to 72 months and 10 years of supervised release for assault with intent to commit first-degree sexual abuse, 84 months for the burglary and kidnapping charges with five years supervised release. Williams is slated to serve the terms concurrently. He also has to register as a sex offender, and has a stay away order for the metro trains and stations.

In court the prosecutor read an impact statement made by a witness, stating that Williams should receive not only the “maximum sentence,” but that the witness is afraid to take public transportation due the incident.

“That has nothing to do with the case,” the defendant blurted out in court. He also said the victim in the most recent incident is “not his victim” and that his last victim was “deceased”.

The prosecution requested that Williams’ probation be revoked due to the occurrence happening when Williams was released on probation.

Judge Okun agreed and revoked Williams’ probation. meaning he would serve an additional 180 days after the initial sentencing.

Trial Moved in Sexual Abuse Case Due to Delay in DNA Testing

During a status hearing on Feb. 1, DC Superior Court Judge Robert Okun rescheduled a trial due to delays in DNA testing.

The defendant is charged with first-degree child sexual abuse when the victim was under the age of 12 at the time of offense with aggravating circumstances, attempted first-degree child sexual abuse when the victim was under the age of 12 at the time of offense with aggravating circumstance, and second-degree child sexual abuse when the victim was under the age of 12 at the time of offense with aggravating circumstances for allegedly sexually abusing a child.

Defense attorney Roderick Thompson stated that the defense was not prepared to go forward with a scheduled hearing, which would give the defense the opportunity to also test the DNA samples, due to delays on the prosecution’s side with DNA testing.

The prosecutor said it would take around a month to get results from the lab.

Thompson said the defense would need around three months to conduct their own DNA testing on the evidence.

Both the prosecution and defense agreed that a new trial date would be needed.

Judge Okun scheduled the trial to now begin on March 25, 2024, one year after the previous date.

The parties are scheduled to return March 24 for a status hearing.

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