Parties in Murder Case Debate Protective Order

A DC Superior Court judge ordered parties in a murder case to resolve their disagreements over a protective order on Oct. 14.

Tony McClam is charged with first-degree murder while armed for allegedly shooting 11-year-old Karon Brown on July 18, 2019, on the 2700 block of Naylor Road, SE. McClam, 31, is also charged with possessing a firearm during a crime of violence, assault with intent to kill and carrying a pistol without a license outside a home or business.

Parties have been unable to come to an agreement over a protective order issued for Body Worn Camera (BWC) footage from a police officer. The protective order prohibits the footage from being shown to witnesses. The defense has argued that this infringes on McClam’s Sixth Amendment rights to participate in his defense and have effective counsel.

“The government has routinely, by the way of form, stock motions, requested, and been granted, overly restrictive and unconstitutional protective orders in D.C. Superior Court,” co-counsel Aubrey Dillon stated in a defense motion to vacate the protective order governing BWC materials. “The fact of the matter is that protective orders are not and should not be the norm.”

“I can’t believe that you can’t work this out,” said Judge Neal Kravitz. But the prosecution said it is unlikely they will be able to come to an agreement. 

“I don’t have a feeling that you have exhausted your efforts to work this out… I’m going to ask that you talk to each other,” Judge Kravitz said. 

McClam is scheduled to return to court on Nov. 5. His trial is set to begin on Nov. 29.

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