Attorneys Clash Over Evidence in Case of 2010 Homicide

By Jakob Rios [former] - February 15, 2022
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

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.