Parties Schedule Preliminary Hearing in Sex Abuse Case

A month after a defendant was charged with child sex abuse, parties scheduled a preliminary hearing to determine if his case has enough evidence to go to trial.

The 49-year-old defendant was arrested and charged with first-degree child sex abuse more than 15 years after the alleged incident. He is accused of engaging in sexual acts with a girl who was 15-years-old at the time between September 2005 and June 2006.

The defendant was released after his arrest and a Pretrial Services Agency officer told the court during a Feb. 7 hearing that he has been fully compliant with his release conditions. The prosecution noted that they had recently sent over evidence and a plea offer to the defendant’s former lawyer. They are now working to get all of the information to his current attorney, Joseph Wright.

Given that this evidence is being exchanged, parties agreed to set a preliminary hearing date. Judge Maribeth Raffinan scheduled the proceedings to take place on April 19.

Plea Offer Pending for Child Sex Abuse Defendant

A defendant in a child sex abuse case is considering a plea deal as his defense counsel waits to receive new evidence.

The 52-year-old defendant is charged with second-degree child sex abuse for allegedly abusing his two preteen goddaughters last May. According to court documents, the defendant allegedly admitted to touching the victims inappropriately but says he does not know what happened beyond that. He was arrested two weeks after the alleged crime.

During his most recent hearing on Feb. 15, defense attorney Rachel Cicurel said she is waiting on more evidence to review before they made a decision on a recent plea deal offered by the prosecution.

Judge Maribeth Raffinan scheduled a status hearing for April. 1. In the meantime, the defendant will remain on pretrial release. An officer with the Pretrial Services Agency was present in the courtroom and said the defendant has been compliant with his release conditions.

Attorneys Struggle with Video Evidence in Murder Case

Attorneys are experiencing technical issues with video evidence in a murder case.

William Davenport, 29, is charged with first-degree murder while armed for allegedly shooting 27-year-old Leonard Turner to death on May 14, 2021, on the 1700 block of Trinidad Avenue, NE.

Evidence in this case includes video footage of the defendant being robbed the night before the homicide as well as footage of the incident itself.

The footage from the night before cannot be viewed by attorneys on either side. During a Feb. 15 hearing, defense attorney Jacqueline Cadman said this is a Brady issue, referring to a prosecutor’s obligation to turn exculpatory evidence over to the defense. However, the prosecution does not agree.

The defense is planning to file a motion on the video. In the meantime, the prosecutor will respond to a defense motion requesting Davenport’s release from DC Jail.

Video footage from the homicide itself has also had issues, with only the prosecution being able to view it.

The court is scheduled to reconvene on March 16 to discuss motions regarding the video footage.

Defense Requests More Time to Review Evidence in Child Sex Abuse, Kidnapping Case

A defense attorney requested a 60-day continuance to review evidence in a case with a 15-count indictment.

The 60-year-old defendant is charged with 14 counts of child sex abuse and one count of kidnapping for allegedly sexually assaulting his 11-year-old niece. According to court documents, in January 2021, an unknown individual alerted a school counselor that the victim disclosed the alleged abuse to them. The defendant was arrested shortly after and went on to be indicted in November.

During the most recent hearing for this case on Feb. 14, defense attorney Ronald Resetarits asked for the continuance so he could review the evidence he has and come back to court with a possible resolution for the case.

Parties are set to reconvene on April 21.

Missing Evidence Sparks Arguments in Case of Metro Station Murder

The prosecutor in a murder case has yet to send the defense certain evidence they requested, leading to arguments in court.

Kirk Spencer, 26, is charged with first-degree murder while armed in connection with the deadly shooting of 49-year-old Marcus Covington on Feb 23, 2021, at the Anacostia Metro Station located on the 1000 block of Howard Road, SE. He was arrested soon after and is currently awaiting indictment.

During Spencer’s most recent hearing on Feb. 8, defense attorneys Jacqueline Cadman and Rachel Cicurel said they have yet to receive two pieces of evidence- the original warrant from the lead detective and an email sent by the same detective containing the warrant as well as an affidavit.

The prosecution was adamant that they had sent an equivalent form to the defense. The form that they had sent had some additional notes attached to it but they could not find the exact original email signed by the detective.

“I do not see what you want me to do,” said DC Superior Court Judge Milton Lee. The defense explained that the email and document should be saved somewhere in the prosecution’s files and they simply want it sent to them. They had become frustrated as this is the third time they have asked for this information, yet the prosecutor insisted that the information they have sent should have been sufficient and this was unnecessary.

Judge Lee told the prosecutor they have to send the information to the defense and if they cannot, they must have a solid reason as to why. Judge Lee also asked the prosecutors to do their best to have the case indicted before the next hearing, which is scheduled for May 3.

Document: 20-Year-Old Fatally Shot in Southeast, DC

Metropolitan Police Department detectives are investigating the deadly shooting of a 20-year-old man on Feb. 15.

According to a press release, at approximately 8:28 p.m., officers responded to the 3800 block of 9th Street, SE, for the report of a shooting. There, they found Vincent Robison suffering from apparent gunshot wounds. He was pronounced dead on scene.

Co-Defendants Plead Guilty to Deadly Shooting in Northeast, DC

Two co-defendants pleaded guilty to voluntary manslaughter while armed in connection with a deadly shooting in Northeast, DC, on a spring night in 2020.

On April 29, 2020, Daquan Anglin and Derrick Kearney arrived at the 900 block of 19th Street, NE, in a dark blue Jeep Cherokee and attempted to steal Devonte Speight‘s dirt bike. The encounter ended with Speight being shot in the abdomen. The 26-year-old died later that night.

Anglin and Kearney, both 26, were arrested and eventually indicted on eight charges including first-degree murder while armed. The two pleaded guilty to voluntary manslaughter while armed during a Feb. 15 hearing.

As part of the plea deal accepted in this case, parties agreed to recommend a sentence of six to 11 years in prison for Anglin and eight-and-a-half to 11 years in prison for Kearney.

Judge Maribeth Raffinan scheduled the sentencing for May 20. Members of Speight’s family plan to be present in court for the hearing.

Attorneys Clash Over Evidence in Case of 2010 Homicide

DNA evidence in a murder case is now ”first in line” to be tested, according to a prosecutor.

The case in question stems from the deadly shooting of 66-year-old John Pernell more than 11-and-a-half years ago. He was killed on July 3, 2010, in what witnesses at the time said was an armed robbery that turned fatal. More than nine years went by before police arrested Kavon Young after DNA linked him to biological evidence obtained from the victim’s autopsy. A witness who agreed to cooperate with the government while serving time for a felony conviction also connected Young to the homicide, according to court documents.

Young, 31, is currently charged with first-degree murder while armed in Pernell’s death. During his most recent hearing on Feb. 11, a prosecutor said they were waiting on the results of DNA testing from Bode Technology, the private laboratory they have enlisted. However, they said they have been in contact with the laboratory and were bumped up to first priority for testing, so they are confident they will have it before the next hearing. They will then share it with the defense attorney Matthew Davies.

Davies was not satisfied with this and is requesting more discovery information, including videos of the witness statements and the identities of all witnesses. However, the prosecutor said witness safety would be endangered. They also said that witness statements were not recorded in 2010 and it is a newer practice to do so.

The defense asked Judge Milton Lee to require the prosecution to turn the evidence over, arguing that it would be an impediment to their investigations as well as the creation of a defense strategy if they did not. However, Judge Lee said he did not have the authority to do this. In other jurisdictions, they would have this ability, but in the DC Superior Court, a judge is not allowed to force prosecutors or defense counsel to turn over information that is not completely necessary to the case.

Judge Lee told the defense that if they can find relevant cases to support the notion that he is allowed to force the prosecutor’s hand he should file a motion soon.

Parties are expected to discuss this during the next hearing on April 1.

Murder Defendants Decline Plea Offer, Await Preliminary Hearing

Three co-defendants in a 2021 murder case declined a plea offer and are now awaiting a preliminary hearing, which will determine if their case has enough evidence to go to trial.

On the night of July 2, 2021, 21-year-old Rosendo Miller was found lying in the street with multiple gunshot wounds after he exited a store on the 1300 block of Brentwood Road, NE, and was allegedly robbed and gunned down by three individuals. The suspected gunmen, 22-year-old Mark Fletcher, 21-year-old Malik Bynum and 20-year-old Larry White were arrested that night. All three of them have been held at DC Jail ever since, facing charges of first-degree murder while armed.

During the most recent hearing for this case on Feb. 11, the defendants rejected a plea deal and DC Superior Court Judge Maribeth Raffinan scheduled a preliminary hearing for March 25.

Domestic Homicide Defendant Taken Off Home Confinement as He Awaits Indictment

A defendant charged with first-degree murder while armed in the death of his child’s mother was taken off home confinement.

On Dec. 30, 2020, 55-year-old Samuel Mack allegedly shot 35-year-old Erica Ward in an apartment on the 4700 block of Benning Road, SE. According to court documents, the two used to be in a relationship and began arguing that night after Mack brought their son over to visit. Mack was apprehended that same night. He was released into home confinement under the High Intensity Supervision Program (HISP) the following March.

Almost one year after his release, Mack remained on home confinement as he continued to await indictment. During a Feb. 14 hearing, parties discussed defense attorney Joseph Wong‘s recent motion to modify his client’s release conditions. In the motion, Wong pointed out that if Mack is taken off home confinement, he could still be subject to a GPS monitoring requirement and a 10:00 P.M. to 6:00 a.m. curfew.

Judge Robert D. Okun granted the defense’s motion.

The prosecution acknowledged the lack of an indictment in this case, noting that they usually put more focus on cases in which defendants are detained. They said they are trying to indict all detained cases from 2019 and 2020 first.

“We would like to ask for 60 days as we expect an indictment,” the prosecutor said.

A felony status conference is set for April 21, at which time the judge is expected to check on the status of the indictment.

After an Alleged Brass Knuckle Attack, Domestic Violence Defendant to Remain Jailed

After being arrested for allegedly assaulting a family member, a domestic violence defendant appeared in court asking to be released.

Defense attorney Sellano Simmons came into the Feb. 14 hearing with an optimistic attitude, giving several court attendees a thumbs-up as he entered. His client is charged with assault with a dangerous weapon for allegedly attacking a family member with brass knuckles that have a knife attachment. During the proceedings, Simmons asked DC Superior Court Judge Michael Ryan to release the defendant from DC Jail on GPS monitoring.

Simmons said his client could not live with his fiancé when released because she resides in Virginia, outside the court’s jurisdiction, but is planning on staying at a homeless shelter for the time being.

After looking over documents related to the case, Judge Ryan said he was shocked at the violent nature of the alleged crime. “This seems to be the action of someone who is out of control,” he said.

The family member suffered serious stab wounds and spent several days in the hospital, Judge Ryan continued. He denied the release request.

Simmons said he is waiting on the prosecution to offer a plea deal. The prosecutor said they should have one ready within the next few weeks so Simmons could go over it with his client.

The next hearing in this case is set to take place on March 9.

Parties Prepare for Murder Trial as DC Jail Re-Opens for Contact Visitation

As the DC Jail re-opens for contact visitation, detained defendants like 37-year-old Travis Russell can potentially gain more access to their legal counsel as they fight their cases.

Russell allegedly stabbed 44-year-old Michael Hooker to death with a sharp piece of glass on the 2700 block of Martin Luther King Jr. Avenue, SE, on May 26, 2019. When he was apprehended that same day, Russell had a noticeable cut on his left hand and his right arm was in a sling, according to court documents. The defendant was charged with first-degree murder while armed and has been held in jail ever since.

Defense attorney Mani Golzari requested a three-week continuance during the most recent hearing for this case on Feb. 9. The jail had not been allowing contact visitations to take place, and Russell said he cannot go over all the evidence with his client over the phone or with a glass barrier.

The DC Jail has set a Feb. 14 date for re-opening contact visitation.

DC Superior Court Judge Maribeth Raffinan scheduled parties to reconvene on March 31. Russell is scheduled to go to trial this coming June. In preparation for the trial, motions are due by March 21 with responses due by April 11.

Plea Negotiations Underway for 19-Year-Old Sex Abuse Defendant

Parties in a sex abuse case are negotiating a potential plea deal.

The 19-year-old defendant in this case is accused of pulling his classmate into a room and attempting to force himself on her while they were attending high school last December. The defendant was arrested and charged with assault with intent to commit first-degree sex abuse after the 16-year-old victim alerted a staff member. The defendant was 18-years-old at the time, according to court documents.

On Feb. 11, the defendant appeared in court for the first time since being charged. Defense attorney Steven Ogilvie asked Judge Maribeth Rafinan to continue the hearing so parties could have more time for plea bargaining. Judge Rafinan asked to receive plea paperwork before the next hearing if one is accepted.

The next felony status conference is scheduled for March 17. In the meantime, the defendant will remain released on his promise to return to court.

Murder Defendant Requests Alternative to PDS Representation

A murder defendant asked to be represented by counsel outside the Public Defender Service (PDS).

Terrell Poe is charged with first-degree murder while armed for his alleged role in the shooting of 33-year-old Christopher Washington on Sept. 23, 2020, on the 400 block of Southern Avenue, SE. During his most recent hearing on Feb. 10, the 35-year-old defendant requested new counsel.

When asked if he would like someone from the PDS or from the Criminal Justice Act (CJA) Panel, the defendant chose the latter. The CJA Panel consists of attorneys who provide pro-bono counsel to defendants who are unable to retain counsel. They are reimbursed by the government for their services.

Judge Milton Lee told Poe he would look for an attorney from the CJA Panel. An ascertainment of counsel hearing is scheduled for Feb. 25.

Judge Denies Murder Defendant’s Release Request, Schedules Trial

A DC Superior Court judge denied a request to release a 60-year-old murder defendant with a lengthy criminal history.

Kenneth Stewart is accused of stabbing 54-year-old Connecticut man Courtney Jones to death on July 23, 2020, on the 2300 block of Pennsylvania Avenue, SE. He was charged with first-degree murder while armed the next day and has been held at DC Jail ever since.

During the most recent hearing for this case on Feb. 7, defense attorney Dominique Winters argued for Stewart’s release. She also suggested dismissing the case entirely because her client has now waited for more than a year to be indicted while remaining detained the whole time. Winters said Stewart has contracted COVID while in custody.

Winters suggested moving the defendant to a sobriety and rehabilitation center based out of Maryland that will help with employment opportunities. Stewart, who requested the program, would receive housing and mentorship there.

In the alternative, Winters suggested putting Stewart into the High Intensity Supervision Program (HISP.)

The prosecutor opposed these ideas, saying the defendant’s criminal history is about 20 pages long due to his convictions and offenses in past years. Judge Marisa Demeo said that if Stewart was released into HISP and then violated his release conditions, the court may not be notified right away. Judge Demeo acknowledged the defendant’s good behavior while detained, but said that does not eliminate the concerns stemming from his criminal history.

“I just have no confidence at all,” said Judge Demeo. She denied the release request as well as the request to dismiss the case.

The prosecution said they need a later trial date because they are reviewing forensic evidence and waiting on DNA testing. Judge Demeo scheduled the trial to begin in October.

Parties are scheduled to reconvene for a felony status conference on March 17.

Makie Theodros wrote this article.

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