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Trial to Begin, Despite Scheduling Conflict

A DC Judge said that jury selection would happen on Nov. 12 despite a scheduling conflict which will prevent one of the defense’s witnesses from testifying. Sean Baker, 40, is charged with second-degree murder while armed in the Jan. 31 stabbing of 35-year-old Robert Wiggins on the 300 block of 37th Street, SE. Baker was initially charged with assault with intent to kill. After continuing a motions hearing nine times DC Superior Court Judge Todd Edelman refused to delay Baker’s trial. According to one of the defense attorneys, Dominique Winters, Baker preferred to delay the trial until the witness was available to testify. “I understand that might be her preference but in a 2016 case we are past the point of preference,” said Judge Edelman. According to Winters the witness in question is someone who would only testify to the facts of the case, not someone who would offer their opinion as an expert on a particular subject. Judge Edelman said that he would rule on the remaining motions on Nov. 13 and order the jury to return either later that day or on Nov. 14, to begin hearing the prosecution’s theory.

Murder Co-Defendants Plead Guilty

During a status hearing on Nov. 8, two murder defendants plead guilty. Kevon Pinkett and Keith Johnson plead guilty to voluntary manslaughter while armed for their involvement in the stabbing of Edwin Richardson on the 2900 block of Martin Luther King Jr. Avenue, SE on April 5. Both Pinkett, 19, and Johnson, 26, chose to waive their rights to DNA testing and the right to a trial. They also opted not to have a preliminary hearing which was scheduled to take place on Oct. 18. Defense counsel Dominique Winter and Lisbeth Sapirstein informed the judge the plea agreements had a maximum sentence of 30 years of imprisonment and 5 years of supervised release. The prosecution told the court that both defendants were seen on surveillance video chasing Richardson with a group of individuals when they stabbed Richardson and continued to assault him even after his body went motionless. The prosecution added that the defendants were not acting in self defense. DC Superior Court Judge Dana Dayson accepted both defendant’s guilty pleas. Pinkett and Johnson were they only individuals apprehended for the murder. Sentencing for both Pinkett and Johnson is scheduled for Jan. 17, 2020.

Prosecution Must Disclose Witness Identities to a Murder Defendant’s Attorney

A DC Superior Court Judge ordered a prosecutor to hand over the identities of five witnesses to the defense attorney of a murder defendant. 

Tony S. Aiken, 48, is charged with second-degree murder while armed for allegedly shooting 23-year-old Kendra Smith on the 4300 block of D Street, SE on Sept. 6, 2004. 

According to Aiken’s defense attorney, Jason Tulley, an informant told Metropolitan Police Department officers that one of the witnesses said it was his brother who shot Smith.

The prosecutor said it was not necessary to hand over the identities of the witnesses because the information they provided to Metropolitan Police Department Officers “is not necessarily inconsistent with the government’s theory.”

DC Superior Court Judge Todd Edelman said that the prosecutor’s argument acknowledged that the accounts of the witnesses could be inconsistent with the government’s theory.  

Judge Edelman said that because there is possible inconsistencies, the prosecution must provide the identities of the witnesses to Aiken’s defense attorney, Jason Tulley.  

Aiken’s trial readiness hearing is scheduled for April 24, 2020. 

This article was written by Siena Rush.

Defense Asks for Continuance to Get DNA Results

During a status hearing on Nov. 8, a defense attorney requested a continuation. Robert Edward Green is charged with first-degree murder while armed for his alleged role in the shooting of 43-year-old Andre Junior on the 1500 block of Park Road, NW on March 15, 2018. Defense attorney, Mani Golzari, asked DC Superior Court Judge Dana Dayson to allow him to receive the results of a DNA test before proceeding forward with the case. The prosecution did not have an issue with the request to wait. Judge Dayson rescheduled the hearing for Dec 13. Paul Mullholland wrote this article.

Judge Continues Hearing for Defendant’s Former Attorney to Testify

A motion hearing scheduled for Nov. 7 was continued to Nov. 8 after a witness could not testify. Sean Baker, 40, is charged with second-degree murder while armed in the Jan. 31 stabbing of 35-year-old Robert Wiggins on the 300 block of 37th Street, SE. Baker was initially charged with assault with intent to kill. Baker’s former defense attorney, Janet Mitchell, was scheduled to testify in court about statements that Baker made to her in regards to the location of the knife that was allegedly used to murder Wiggins. Mitchell was unable to make it to court so the hearing was continued. DC Superior Court Judge Juliet McKenna presided over the hearing, after DC Superior Court Judge Todd Edelman temporarily recused himself because of a conflict of interest. Edelman said, during a hearing on Nov. 6, that because of his professional and social relationship with Mitchell he would pass the issue. Baker’s current attorney, John Fowler, said Baker’s statements to his former attorney should have been protected by attorney-client privilege, and should be suppressed. Mitchell is scheduled to testify in court on Nov. 8

Murder Defendant’s New Attorney Says He Will Be Ready for Trial

During a trial readiness hearing Nov. 7, a recently appointed defense attorney told a DC Superior Court judge that he would be ready for trial on Jan. 27. Keith Archie was indicted on second-degree murder while armed, carrying a dangerous weapon outside a home or business, tampering with physical evidence and threatening to kidnap or injure a person for allegedly stabbing 32-year-old Demond Marcel Rush on the 3600 block of 22nd Street, SE in 2017. Defense attorney Jason Tulley was appointed to represent Archie earlier this month. It is not clear why his previous attorney, Blase Kearney, was unable to continue representing him. Tulley told Judge Todd Edelman that he should be ready for the Jan. 27, 2020, trial date. On Nov. 5, Tulley filed a motion to suppress statements given to the Metropolitan Police Department. He said MPD arrested Archie without probable cause or reasonable suspicion, and they began questioning him before reading him his Miranda rights. Tulley requested that all evidence produced from the police search of Archie, as well as anything he said while under interrogation, not be used during trial. Tulley told Judge Edelman that when he observed the police body-worn camera footage, he noticed some officers were taking notes. He asked if the prosecution would be able to turn these notes over as part of discovery. The prosecution said they would try to get the notes to the defense. Judge Edelman gave the prosecution until Dec. 19 to turn the notes over. Tulley also requested any information on Rush’s criminal history. According to Tulley, Rush had a nickname “Deebo”, which is a reference to a 1995 film called “Friday”. Tulley described Deebo as being “large and knocking people out with one punch.” Tulley asked if the prosecution could turn over any information on the origins of the nickname, suggesting that it could be part of a self-defense theory. Archie is scheduled for a motion hearing on Dec. 20 This story was written by Paul Mullholland.

DNA Consumption is Scientifically Unnecessary, Defense Says

A murder defendant’s defense attorney said that he may oppose the prosecution conducting DNA testing which would destroy the sample. Torey Stockton, 21, is charged with first-degree murder while armed for his alleged role in the death of 23-year-old Jasmine Light on the 2000 block of 16th Street, SE  on Jan. 17, 2018. His co-defendant Kayla Thompson is charged with obstruction of justice. “It seems like something that isn’t scientifically necessary,” said Stockton’s defense attorney Justin Okezie. The prosecutor previously said he did not intend to order any DNA testing but, in a status hearing on Nov. 7, he told DC Superior Court Judge Danya Dayson that there was one item he wanted to test. The prosecutor has to file a DNA Consumption motion, since conducting the testing would destroy the evidence. Okezie accused the prosecution of testing the evidence without cause. Judge Dayson said the prosecution’s request did not seem out of the ordinary, but she plans to rule on whether she would allow DNA consumption at the next status hearing on Dec. 11. Before the evidence can be tested a new DNA sample needed to be collected from Stockton, according to the prosecutor. Okezie said that either he or Stockton’s other defense attorney, Gemma Stevens, needed to be present when the sample is collected in order to ensure it is done properly. Judge Dayson rescheduled Stockton and Thompson’s trial for July 6, 2020, in order to accommodate a conflict in her schedule. Siena Rush wrote this article.

Prosecution Wants to Use Murder Defendant’s Previous Statements to Attorney

A prosecutor asked a judge to rule on the admissability of statements made by a murder defendant in conversation with an old attorney. Sean M. Baker, 40, is charged with second-degree murder while armed in the January 2016 stabbing 35-year-old Robert Leroi Wiggins on the 300 block of 37th Street, SE. Baker is a transgender woman. During resumed trial on Nov. 6, two prosecutors told DC Superior Court Judge Todd Edelman they could not continue with trial until they resolved an evidence dispute. The prosecutor said Baker’s original attorney, Janet Mitchell, gave the prosecution information about a specific conversation with Baker in her cell block. She asked for Mitchell’s notes from the meeting as well as any information that Mitchell conveyed to Baker’s new counsel, John Fowler, about the conversation. After a conversation with the prosecution, the defense asked the judge to schedule a hearing to decide if the statements are admissible. Fowler said that Mitchell would testify that there was no waiver of client-attorney privilege. Judge Edelman said that Baker’s accusation of ineffective counsel waived client-attorney privilege. Judge Edelman also said that due to his professional and social relationship with Mitchell he would pass the issue on to DC Superior Court Judge Mckenna.  Baker filed a motion for ineffective counsel and replaced Mitchell in October of 2016. A motions hearing is set to continue on Nov. 7. Ellery Groth wrote this article.

Despite Being New, Counsel Requests a Trial Date

During a status hearing Nov. 6, a newly appointed defense counsel requested a trial date despite only being on the case for less than a month. Edward Hampton Brown, 57, is charged with first -degree felony murder while armed and robbery while armed for his alleged involvement in the murder of Michael Mahoney, 71, on the 2300 block of 11th Street, NW on Feb. 5, 2018. Defense attorney, Kevin Mosley, requested that a trial date be set for late 2020 because he said he felt that since the prosecution had not offered a plea deal yet, he should prepare for trial. DC Superior Court Judge Milton C. Lee granted Mosley’s request and set a trial date for Oct. 5, 2020. D.C. Witness previously reported that, Brown requested new counsel because his relationship with attorney Kevin Irving was not working. Judge Lee also asked Brown if he thought he could work well with Mosley. To which Brown answered yes. He also said that he would use the first day of trial to rule on the outstanding motions. Judge Lee gave Mosley until Jan. 3, 2020, to file motions and gave the prosecution until March 6, 2020, to file responses. Two prosecutors told the judge that they believe their case would last about six to seven days. A trial readiness hearing is scheduled on Sept. 11, 2020. Jaylin Hawkins wrote this article.

Judge Sends Murder Defendant to Hospital For Competency Restoration

During a motions hearing Nov. 5, the defense requested that statements made by a murder defendant to her previous attorney be suppressed.

Sean Baker, 40, was charged with second-degree murder while armed for allegedly stabbing 35-year-old Robert Wiggins on the 300 block of 37th St., SE on Jan. 31, 2016.. Baker was initially charged with assault with intent to kill.

The prosecution told DC Superior Court Judge Todd Edelman that they intend to use statements made by Baker to her former attorney, Janet Mitchell. Mitchell represented Baker from Feb. 2016 to Oct. 2016.

The precise content and relevance of the statements were not discussed in open court, but Baker apparently told Mitchell the location of a knife at the crime scene, which Mitchell then relayed to the prosecution.

Baker’s current attorneys, John Fowler and Dominique Winters, requested that the statement be suppressed since Baker never waived attorney client privilege.

Since Mitchell, Fowler and Winters all work for the Public Defender Service, and are therefore co-workers, a criminal justice attorney represented Baker in order to argue in court for suppression.

The prosecution requested another day to consult with supervisors about how to proceed with the case. Judge Edelman granted the request.

The jury trial, which was scheduled to begin today, was continued to Nov. 6.

Baker is also scheduled for a status hearing on Nov. 6.

Paul Mulholland wrote this article.

Suicides in the District

Between Jan. 1 and Oct. 15, there have been 45 suicides that have occurred in Washington, DC, according to the Office of the Chief Medical Examiner of Washington DC.

Of those 45 suicides 10 victims resided in Maryland, two people had no fixed address and two other victims resided outside the region. Twenty-eight victims resided in DC.

Most of the victims were between the ages of 30 to 39 years old at the time of death. There was only one victim over the age of 80. Five victims were between the ages of 13 to 19 year old.

Given the data, most people died of suicide by hanging. The most suicides, 8, occurred in July.

According to D.C. Witness data, there have been two suicides that were thought to be connected to homicides between Jan. 1 and Oct. 15.

On June 7, officers responded to the 4300 block of Windom Place, NW. Upon arriving ,officers gained entry to the front door of the residence where they saw an adult male with a hand gun. Officers then heard a single gun shot and found 51-year-old Jason Rieff suffering from an apparent self-inflicted gun shot wound. After searching the residence further the officers also found 45-year-old Lola Gulomova who displayed no signs consistent with life. The OCME ruled the manner of death a murder-suicide carried out by Rieff.

A few days later, on June 15, police found Richfield Chang shot to death in his apartment on Jenkins Row, a complex on Pennsylvania Avenue in Southeast DC. Peter Nhek Neth was wanted in connection to the murder.

Days later authorities found Neth’s body in a residence in Ashburn, Va. He suffered from a self-inflicted gunshot wound, changing the case to a murder suicide across district lines.

According to DC Police Chief Peter Newsham, the men had an “amicable relationship.” Apparently, the apartment the two men shared with a woman was used to sell marijuana. The police said they did not believe the shooting was drug-related.

Jaylin Hawkins wrote this article.

Document: Homicide on 16th Street, NW

The Metropolitan Police Department is currently investigating a fatal shooting that occurred on Nov. 4.

According to a press release, officers found two adult male victims suffering from multiple gunshot wounds on the 3100 block of 16 Street, NW. Both victims were transported to a local area hospital where 28-year-Christopher Shepherd was pronounced dead.

A third adult male victim suffering from apparent stab wounds was located in the 3100 block of Mount Pleasant Street, Northwest. Further investigation by detectives revealed, the victim’s injuries occurred at the offense location. DC Fire and Emergency Medical Services responded to the scene and transported the victim to an area hospital for treatment of non-life threatening injuries.

According to D.C. Witness data, Shepherd is the first homicide in the month of November.

Police are offering a reward of up to $25,000 for information that leads to an arrest and conviction in this homicide or any other homicide in DC. Anyone with information is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.



11 4 19 Homicide 3100 Block of 16th Street, Northwest (Text)

Murder Defendant’s Counsel Prepares For Trial Amidst LGBTQ Issues 

A judge ruled on several motions as well as gender and sexuality conflicts before a jury trial that is set to begin this week. 

Sean M. Baker, 40, is charged with second-degree murder while armed for allegedly stabbing 35-year-old Robert Leroi Wiggins on the 300 block of 37th Street, SE. Baker is a transgender woman. 

During motions hearings on Oct. 28 and Nov. 4, DC Superior Court Judge Todd Edelman heard arguments from both the prosecution and defense on a motion to suppress statements and a motion to suppress tangible evidence by the defense. 

Baker’s defense counsel, John Fowler, told the court that the Metropolitan Police Department (MPD) inappropriately questioned Baker. 

Fowler said MPD officers interviewed Baker at her home and then detectives interviewed her at the police station, giving her the impression that she was a witness to the crime. He said the police did not read Baker her miranda rights before they began the questioning. 

Fowler also said Baker was interrogated by five to six members of MPD for several hours until they decided she was a suspect and formally placed her under arrest.

He said Baker was in an emotionally volatile state after the death of her partner and felt she could not leave the station even though she was not formally under arrest nor in police custody for the first two to three hours.

According to Fowler, detectives kept saying they were helping Baker, however they were coercive and did not let Baker know that she could leave. 

Fowler said Baker asked several times to go to the hospital to see her partner and was ignored by MPD. She also asked to go outside and smoke a cigarette, but MPD would not let her. 

Finally, in an attempt to get the attention of the police, Baker pulled the fire alarm in the interrogation room and asked to leave once police came into the room. 

“Bullshit is bullshit, don’t worry about what you told us before you’re either a cold blooded killer or a victim,” said an MPD officer according to Fowler.

Fowler said he filed the motion to suppress tangible evidence because the police only obtained a search warrant to look at Baker’s cell phone for communication between her and Wiggins.

Fowler said the search warrant did not give the prosecution authority to look at Baker’s internet searches and locational services.

The prosecution said web searches and locational data provided information on the relationship between the victim and Baker. Adding that there were threatening text messages between Baker and the victim. 

Judge Edelman denied the motion to suppress the statements. 

He said that Baker voluntarily went to the police station with MPD officers and was allowed to keep her phone and purse. Judge Edelman said Baker was not restrained, the officers never raised their voices, and she was allowed to sit in a padded desk chair as opposed to metal chairs in the interrogation room. 

“The manner in which the meeting was conducted would not have conveyed to a reasonable person they are under arrest,” he said.

Judge Edelman said he would make a decision on the motion to suppress tangible evidence before jury selection on Nov. 5. 

During jury selection, fowler also requested that Judge Edelman ask multiple questions to the jurors about their opinions on transgender people in order to maintain a fair trial.

However, the prosecutor raised concerns about asking potential jurors too many questions about possible transgender bias.

Judge Edelman told counsel that he would like to focus jury questions on gender identity as opposed to sexual orientation.

Judge Edelman also said he would allow the defense to brief the prosecution and jurors on the correct pronouns to refer to Baker before trial. 

A jury trial is set to begin on Nov. 5.