Pre-Trial Motions Still Pending One Day Before Homicide Case Jury Selection

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On Oct. 25, DC Superior Court Judge Marisa Demeo addressed several motions submitted by defense counsel in a co-defendant homicide case but did not make any definitive rulings. 

Delonta Stevenson, 28, and co-defendant Vorreze Thomas, 25, are both charged with first-degree murder while armed, conspiracy, two counts of assault with intent to kill while armed, and three counts of possession of a firearm during a crime of violence for their alleged involvement in the fatal shooting of 32-year-old Terrance Allen on the 3000 block of Stanton Road, SE on Jan. 18, 2021.

Stevenson is also charged with two counts of unlawful possession of a firearm committed during release with a prior conviction, and Thomas is also charged with carrying a rifle or shotgun outside a home or place of business and unlawful possession of a firearm committed during release with a prior crime of violence. 

Brianca Phillips, 26, was previously a co-defendant, but her case was severed from both Thomas and Stevenson’s cases in May. Phillips was charged with conspiracy in connection to this case. 

According to court documents, Allen and two other individuals were in a car when they were hit with gunfire in an apartment building parking lot. Allen was struck multiple times in the head, shoulders, back, and torso area. The additional passengers sustained non-life-threatening injuries. 

Judge Demeo heard arguments from the defense and prosecutors on defense motions to preclude the prosecution from opening with what the defense sees as unapproved hearsay statements, inflammatory statements, or exhibits, and to preclude the government from introducing evidence of Stevenson’s alleged nickname and to compel discovery of so-called Brady evidence favorable to the accused.

Stevenson’s defense counsel, Elizabeth Weller, argued that the prosecution should be required to turn over the PowerPoint to be shown during opening statements so defense lawyers could review the exhibits, but the prosecution said, “We object to pre-showing our hands.” The prosecution felt it was an “unfair burden on the government” to share their argument. 

Defense Counsel Weller continued her argument saying that unapproved hearsay statements from witnesses made outside of the courtroom used to assert the facts of the case should be restricted. 

Judge Demeo did not rule on this motion.

Defense counsel Stephen Logerfo spoke on the motion to preclude Stevenson’s alleged nickname, “Shoota,” from being introduced at trial on grounds it’s more prejudicial than probative, stating the only reason the name is being used is to “make him look bad.”

Prosecutors argued the nickname is needed for identification purposes, specifically to show “collaboration and connection” to social media, witnesses, and the co-defendant, Thomas. 

Judge Demeo agreed with the defense, saying, “Let’s take off our law hat and use our common sense” in reference to the prejudicial aspects of the nickname, and the prosecution will need to establish a more substantial argument as to why the nickname is essential to their case. 

Defense counsel also expressed concern regarding the lack of disclosures from the prosecution, but the prosecution said they feel they “gave more details than typically provided.” 

Judge Demeo has not yet ruled on this motion to compel more evidentiary disclosure. 

Lastly, the prosecution requested defense counsel submit their DNA expert notice prior to opening statements, but the defense counsel is unsure if that is possible. Judge Demeo will rule on this request at the next hearing.

All pending pre-trial motions will be discussed after jury selection on Oct. 26.

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