Case Acquitted: Possibility of Withheld Evidence Continues Jury Selection

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Sutton was acquitted of murder and possession of a firearm during a crime of violence on March 23, 2023.

The jury selection for a murder defendant was continued for Feb. 27 because defense attorney, Jessica Willis, said the prosecution withheld evidence.

Kaevon Sutton, 21, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside of a home or business for allegedly shooting 22-year-old Aujee Tyler. The shooting occurred on March 19, 2018, on the 3500 block of Stanton Road, SE. 

During a Feb. 23 hearing, Willis said a portion of the lead detective’s notes were redacted when given to the defense.

She said the portion that was redacted included the notes that said a witness identified “Baby Arc from Potomac Yard” as the actual gunman and that the witness personally recognized “Baby Arc.”

“This is a classic invasion of Brady. There is no way we could investigate ‘Baby Arc’ the day jury selection is set to begin” Willis said.

The prosecutor stated that her and her colleague weren’t originally assigned at the start of this case, so she isn’t sure why there were portions that were redacted. Nevertheless, she said she would contact the detective and ask him to come in.

After an hour-long break, the prosecutor’s attempts at calling the detective failed.

In case the detective is unable to attend in person, she asked DC Superior Court Judge Michael Ryan about the possibility of setting up Webex so the detective could participate remotely.

Judge Ryan gave his approval.

After parties have concluded their discussions on this matter, jury selection is scheduled to begin on Feb. 27.

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