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Prosecution Shifts Attitude Towards Releasing Murder Defendant 

On Nov. 1, a prosecutor told a DC Superior Court judge that he thinks a murder defendant should be released. 

Jordan Smith, 32, is charged with first-degree murder while armed and two firearm offenses for his alleged role in the shooting of Yashika Green, 42, on the 200 block of  Wayne Place, SE in 2017.

The prosecutor said he changed his mind and no longer thinks Smith is a danger to the community under the high intensity supervision program (HISP).

“This is a profound change in the government’s assessment. What has changed?” DC Superior court Judge Craig Iscoe asked.

The prosecutor did not explain the reason for his change of mind in open court.

During the trial readiness hearing, Smith’s defense counsel, Mani Golzari, told Judge Iscoe  that the prosecution and defense agreed to request Smith’s release under HISP. 

Golzari said he received excellent reports from the staff at the halfway house Smith has been held at for the last two months.

Golzari said he does not think Smith would fail to appear in court. Golzari also told Judge Iscoe that Smith’s mother, who attended the hearing, has a residence where he can stay.

Judge Iscoe ordered Smith to be released under HISP. Smith is required to wear an ankle monitor, stay away from witnesses and abide by a 7 a.m.-9 p.m. curfew. 

A jury trial is scheduled to begin on Nov. 12.

Defense Counsel Criticizes Prosecution’s Disclosure Process

During a status hearing on Nov. 1, a defense attorney for a murder defendant said the prosecution has yet to disclose anything that is “really of any substance.” 

Jerome Myles, 20, is charged with second-degree murder while armed for allegedly shooting 19-year-old Antonio Dixon on the 900 block of 5th Street, SE on Oct. 20, 2018.

Myles’ defense attorney, Brandi Harden, argued that the prosecution has been slow to turn over materials relevant to the case.

The prosecutor argued that the only things needed to be disclosed were footage from a body camera and the transcript of Grand Jury testimony, which the prosecutor had just received herself and needed time to redact. 

She said she would disclose the Grand Jury transcripts by the end of the week. 

The prosecutor also said that she was not planning on testing the evidence, but there are a number of items which could be tested including a water bottle, earbuds and a hat.

During the status hearing, Harden said that while she anticipates ordering evidence testing, she needs at least a month to decide what items, if any, would be tested since the prosecution did not disclose the existence of the evidence until two days ago.

During the status hearing, DC Superior Court Judge Todd Edelman set a trial date for Myles despite the defense’s argument that a trial date should be set after disclosure was completed. 

Judge Edelman said there would be plenty of time to finish disclosure and scheduled the trial on Dec. 7, 2020.

Judge Edelman said the date was so far away because Myles was placed under the High Intensity Supervision Program in September. Judge Edelman said he wanted to give priority to defendants who are incarcerated. 

Myles is scheduled to have another status hearing on Jan. 31, 2020.

Judge Removes Mandatory Drug Testing for Manslaughter Defendant

A DC Superior Court judge removed mandatory drug testing as one of the conditions of release for a man charged with involuntary manslaughter.

Markel Ford, 20, is charged with involuntary manslaughter for allegedly killing 51-year-old Sherron Pressley on Aug. 30, 2018. Both the victim and the suspect resided in Northeast DC at the time.

Both the prosecutor and defense attorney, John Fowler, agreed that drugs had nothing to do with the case and that drug testing is not necessary. 

Ford’s last drug test, which was on May 2, indicated that he wasn’t using any narcotics. 

The prosecutor said that plea negotiations were ongoing. The nature of those negotiations was not discussed in open court. 

Ford is released under the High Intensity Supervision Program.

A felony status conference is scheduled on Dec. 11.

Still Waiting Medical Records, Defense Says

During a status hearing on Oct. 28, a defense attorney said she was still waiting for a victim’s medical records.

 Brian Wooden, 29, is charged with first-degree murder while armed and first-degree cruelty to children for allegedly killing his girlfriend’s son, 1-year-old Carter Sanders, on the 4700 block of Benning Rd., SE on May 16, 2018.

D.C. Witness previously reported that Wooden’s defense attorney, Marnitta King, requested that the prosecution turn over all of the medical records from the infant because she suspected there were prior injuries that Carter may have gone to the doctor for.

The prosecution said she still has not contacted Carter’s mother to get the records.

DC Superior Court Judge Milton C. Lee continued the case while parties wait for the child’s medical records. 

Wooden is currently released under the High Intensity Supervision Program.

HE is scheduled for a status hearing on Jan. 23, 2020. 

Judge Postpones Trial to Rule on Motions

During a trial readiness hearing a DC Superior Court judge decided to delay the jury selection process by one day in order to rule on pre-trial motions.

Leonard Smith, 33 is charged with second-degree murder for allegedly stabbing Leonte Butler, 26, on the 4000 block of South Capitol Street, SE in 2017. According to the Metropolitan Police Department, Smith and two other individuals  were seen on surveillance footage, covered in blood and changing clothes after the incident.

Smith’s jury trial was scheduled to begin on Nov. 12. However, Judge Danya Dayson said that instead of calling in a jury panel she would rule on the pre-trial motions filed by both the prosecution and defense. Judge Dayson said jurors would be called on the following day.

She said her reasoning was because she needed to think over the motions making a final decision

The prosecution filed four motions to be considered including, a motion to preclude a self-defense argument, a motion to limit cross examination of a witness, a motion to admit consciousness of guilt and a motion to preclude the defense from introducing hearsay statements from the defendant.

The prosecution said the defense should not be able to question a particular witness about an unrelated domestic offense that occurred two years after the homicide.

The prosecutor said that Smith demonstrated consciousness of guilt when he missed drug testing and a check-in with his parole officer after the murder occurred. According to court documents, Smith was on parole for a weapons charge in 2015.

The prosecutor also said he put forth a general motion to stop the defendant from giving hearsay statements if he decided to take the stand and testify.

Smith’s defense attorney, Anthony Matthews, said that he did not plan on using a self defense theory.

He said he would question the witness about the domestic offense because he felt as though the witness may have a bias. He also said the witness was important because not only was he with Smith and Butler at the time of the murder, but the witness could also be a potential suspect.

Matthews also told Judge Dayson that Smith has missed several probation meetings and drug tests. By missing meetings and tests around the murder was not indication of guilt, just a pattern of behavior, Matthews said.

Matthews also said that he was not sure if Smith would testify at the trial.

The trial readiness hearing was scheduled to resume on Nov. 12.

Jury selection is slated to begin on Nov. 13

Murder Defendant Will Likely Gain Competency to Stand Trial, Report Says

A report stated that even though a murder defendant is not competent to stand trial now, she  will likely gain competency after treatment.

Alisa Randall, 31, is charged with second-degree murder while armed for allegedly stabbing 59-year-old Ronald Jones in an apartment on the 1300 block of Euclid Street, NW on July 15.

The Department of Behavioral Health report stated that there was a “substantial probability” that Randall would regain competency to stand trial in the future.

Randall is currently being held at St. Elizabeth’s Hospital, DC’s psychiatric hospital.

Randall’s defense attorney, John Fowler, did not dispute the report. However, during the mental observation hearing Oct. 31, he requested that the prosecution would turn over contact information for witnesses in the case.

Fowler said the witnesses had information on Randall’s state of mind on the day of the homicide. He said the testimonies could provide a basis for a not guilty by insanity defense.

The prosecutor said he would provide the information as long as Fowler does not disclose how he obtained information about the testimonies.

DC Superior Court Judge Craig Iscoe told Fowler that if any witnesses ask how he obtained information about them, he could say he received the information from a court order.

Judge Iscoe also denied a motion to prevent the prosecution from destroying DNA evidence in the process of testing it.

Judge Iscoe explained that the lab should try to preserve biological evidence, so that the defense could also test it. But if it is necessary to consume all of the material, then the prosecution could do so.

Randall is scheduled for another mental observation hearing on Dec. 3.

Judge Denies Murder Defendant’s Release While He Waits for Trial

On Oct 30. a judge denied release of a murder defendant who has been held in jail for over a year while he waits for his trial to begin. 

Tondrick Murphy, 29, is charged with first-degree murder while armed committed during release, possession of a firearm during a crime of violence during release, and unlawful posession of a firearm during release with a prior conviction for allegedly shooting 26-year-old Marquis Jones on 2000 block of Martin Luther King Jr. Avenue, SE on Oct. 6, 2018. Murphy said the shooting was in self defense. 

DC Superior Court Judge Todd Edelman said that the nature of the offense was very serious. He also said that in a video of the altercation, the moment leading up to the shooting did not look like self defense despite the defense’s claim.  

Judge Edelman said the defendant had prior bench warrants, and he could not be sure Murphy would return to court for trial. 

During a felony status conference, Murphy’s defense counsel, Ronald B Resetarits, said new discovery shows Murphy was robbed by the victim. 

Resetarits said that, according to a witness, the victim had threatened to kill Murphy during the days leading up to the altercation.

Resetarits reiterated that Murphy did not have a history of violent offenses.

Murphy has been held in jail since November of 2018. 

His trial is scheduled to begin on July 13, 2020. 

A status conference is set for Jan. 17, 2020.

 

Murder Defendant Disappears from Halfway House

During a pretrial show cause hearing a DC Superior Court judge issued a bench warrant for a murder defendant who disappeared from a halfway house.

Edward Leroy Brown, 55, is charged with first-degree murder while armed for allegedly stabbing 29-year-old Kenneth Poindexter on the 4700 block of Benning Road, SE in January of 2018. Twenty-eight-year-old Charles Young, 23-year-old Steven Robin and 22-year-old Sean McKenzie are co-defendants in the case. All three co-defendants are also charged with first-degree murder while armed. In addition to the murder charge, Young and Robin are charged with possession of a firearm during a crime of violence.

“I spoke to him last week,” said Brown’s defense attorney, Howard McEachern. “He seemed to be doing well.” Brown was ordered to stay in the halfway house in July. 

Young and McKenzie are scheduled for a felony status conference on Nov. 22. Robin is scheduled for a status hearing on the same day.

Prosecution Requests Second Competency Exam

A prosecutor requested that a murder defendant go through another competency exvaluation because the first one was unsatisfactory. 

Daryl Thompson, who is also known as Darryl Tomkins, is charged with first-degree murder while armed, assault with intent to kill while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, carrying a pistol without a license outside of a home or business, obstructing justice and threat to kidnap or injure a person  for his alleged involvement in the deaths of Edward Roberts Jr. and Tyler McEachern. Roberts, 29, was killed on the 3500 block of 14th Street, NW on July 30, 2016. McEarchern, 23, was killed on the 3100 block of Beuna Vista Terrace, SE on Aug. 29, 2016.  

During a mental observation hearing on Oct. 25, the prosecutor said the second evaluation was requested because he wanted to address Thompson’s mental health with another expert.

D.C. Witness previously reported that Thompson has already undergone three mental competency evaluations. All three evaluations were inconclusive.  

DC Superior Court Judge Craig Iscoe granted the prosecution’s request for an additional mental competency evaluation. 

However, Thompson’s defense lawyer, Suen Pierce, said he intends to challenge the competency finding. 

Pierce also requested that Thompson, 30, be released to a halfway house instead of held in DC Jail. 

Judge Iscoe denied the request, citing his inability to keep the community safe and ensuring Thompson will appear at his next court date. 

Another mental observation hearing is scheduled on Dec. 2.

 

Judge Finds Substantial Probability In Murder Case Against Veteran

A DC Superior Court judge ruled that there is substantial probability that a veteran murdered a stranger in what the judge called a “completely random act of violence.”

Lance Ammons, 42, is charged with second-degree murder while armed for allegedly stabbing 62-year-old Robert Bolich on the Frederick Douglass Memorial Bridge on Aug. 22.

During the investigation, Ammons said he was homeless and “lived in the forest,” according to the lead detective. 

Ammons defense attorney, Ieshaah Murphy, argued that her client may not be fit to stand trial, citing potential mental health problems. 

Judge Todd Edelman said he wasn’t sure if Ammons would ultimately be fit to stand trial, either.

Judge Edelman also said there was substantial probability that Ammons killed Douglass based on accounts fro several witnesses who observed parts of the assault.

Judge Edelman ruled that Ammons would be held without bond despite arguments from Murphy, requesting that her client should be placed in a halfway house.

Murphy said that if Ammons was placed in a halfway house he could take advantage of mental health services offered by the United States Department of Veterans Affairs (VA). 

“Releasing him into the community at this point would pose a significant risk to members of the community,” said the prosecutor. 

Ammons is scheduled for a mental observation hearing on Nov. 6.

Judge Continues Motion Hearing in Murder Case for Fourth Day

A DC Superior Court judge decided Oct. 30 to continue a motion hearing again for further witness testimony. The hearing began on Oct. 28. 

Sean Baker, 40, was charged with second-degree murder while armed in the Jan. 31 stabbing death of 35-year-old Robert Wiggins on the 300 block of 37th St., Southeast. Baker was initially charged with assault with intent to kill,

Judge Todd E. Edelman denied the defense’s motion to dismiss blood and urine samples because the agencies that collected the evidence were not biased towards the prosecution, as the defense claims, when they collected the samples.

The defense also motioned to suppress a witness’s testimony and phone record that would incriminate the defendant.

Phone records show Baker making threats after heated arguments with the victim. According to another witness, Baker was chasing Wiggins with a knife the day before the alleged stabbing.

However, Judge Edelman says he would wait to rule on the motion to suppress  until he hears the witness’s testimony in court. 

The defense said the witness’s statement is hearsay and that there is no evidence to corroborate that the defendant chased anyone with a knife.

The witness’s testimony and further motions are scheduled to be addressed on Nov. 1.

According to court documents, Baker said she stabbed Wiggins in self defense. Baker, who has been released from jail while awaiting trial, allegedly stabbed Robert Wiggins in the heart during a fight in their apartment last year. 

A jury trial is scheduled on Nov. 4.

 

Defense Motions to Pause DNA Testing in Juvenile Murder Case

The defense asked the court to halt DNA testing to stop consumption in a juvenile’s murder case.

The juvenile is charged with first-degree murder and assault with the intent to kill for allegedly stabbing 15-year-old Jaquar McNair to death on the 300 block of 1st Street, SE on Oct. 12.

The juvenile’s defense attorney, Matthew Davies, requested the lab be permitted to begin testing on biological materials, but not test all the evidence.

Davies did not argue for specific items of evidence. Instead, he said he did not want the prosecution to test all the evidence, requesting that the process be stopped in the middle of testing. He said he wanted to discuss testing to decide if the defense would test materials as well.

The prosecutor told the judge that testing would be conducted on stains from a sweatshirt and a screw driver that may have been used during the murder.

He also said the lab needed court orders to begin testing and would not stop in the middle of the process.

DC Superior Court Judge Lynn Leibovitz said there was no way possible to begin testing and then stop in the middle of the process in order to litigate what evidence the defense would like to test.

She denied the defense’s motion to preclude consumption.

A status hearing is scheduled on Nov. 14.

Prosecution Not Working to Level They Are Supposed To, Judge Says

On Oct. 28, a judge considered the prosecution’s motion to continue a murder case after discussing why counsel is taking so long to prepare for trial. 

Jordan Smith, 32, is charged with first-degree murder while armed and two firearm offenses for his alleged role in the fatal shooting of Yashika Green, 42, on the 200 block of  Wayne Place, SE in 2017.

“The government has not worked on this case in the extent they are expected to do so,” said DC Superior Court Judge Craig Iscoe

During a status hearing, Smith’s defense counsel, Mani Golzari, told Judge Iscoe that he does not think the prosecution should be allowed to continue the case.

Golzari said the prosecution wants to bring in multiple experts to test a footprint left in blood. He said the testing could have been done beforehand and it is taking an unusual amount of time. 

“It’s become clear that the government has not tried to prosecute in a good faith effort or in a good faith way,” he said.

Golzari added that if prosecution were granted a continuance Smith would be kept in a halfway house for even longer.

“The halfway house is a glorified jail he can’t leave,” Golzari said. 

Golzari requested Judge Iscoe dismiss the case for delaying the trial. 

The prosecution asked Judge Iscoe for a one to two month continuance to meet with experts.

Judge Iscoe said that he did not think the prosecution gathered or analyzed evidence in a timely fashion. He said the preliminary hearing was almost two years ago and the prosecution has had time to test evidence.

“It appears to me a great deal that could have been done wasn’t done,” he said.

Judge Iscoe did not comment on the motion to dismiss. 

Judge Iscoe denied the motion to continue. 

A pre-trial readiness hearing is scheduled on Nov. 1.

 

Defendant Rejects Plea Deal

During a felony status hearing Oct. 29, a murder defendant rejected a plea deal. 

Tony McClam, 29, is charged with  first – degree murder for allegedly shooting and killing 11-year-old Karon Brown on the 2700 block of Naylor Rd, SE, DC on July 18, 2018. 

The prosecutor offered a plea deal to McClam, which he said was due to expire today. The details of the deal were not discussed in open court. 

McClaim decided to reject the offer. 

The prosecution said an indictment is expected to be ready within the next few weeks. The prosecutor requested more time to secure it. 

DC Superior Court Judge Craig Iscoe said he would reschedule the felony status hearing to Dec. 13. He also granted the extended time.

Surveillance footage, from a BP gas station, shows a shirtless McClam and four individuals, entering the 2700 block of Naylor Road. McClam is captured pointing and firing a gun into a vehicle. 

 

Miranda Rights were Violated, Attorney Says

During a continued motions hearing Oct. 29, a defense attorney said his client’s Miranda Rights were violated.

Sean Baker, 40, was charged with second-degree murder while armed in the Jan. 31 stabbing death of 35-year-old Robert Wiggins on the 300 block of 37th St., Southeast. Baker was initially charged with assault with intent to kill.

Defense attorney, John Fowler, cross-examined a Metropolitan Police Department (MPD) detective in an attempt to argue that Baker was being forcefully held prior to being read her Miranda Rights.

The witness made claims in open court that were not consistent with video surveillance evidence from the initial interrogation on Jan. 27.

The defense also motioned to have a voir dire jury, in which jurors are carefully selected to prevent any bias. In the case, the defense wants to ensure that no jurors are biased against a transgender woman. 

The defense also motioned to exclude a GPS expert’s testimony.

This motion hearing has been scheduled to continue on Oct. 30.

Baker who is a transgender woman said she stabbed Wiggins in self defense. Baker, who has been released from jail while awaiting trial, allegedly stabbed Robert Wiggins in the heart during a fight in their apartment last year, according to court documents.