Missing Evidence Sparks Arguments in Case of Metro Station Murder

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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.