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By
Jeff Levine
- August 30, 2024
Daily Stories
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stabbing
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Suspects
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A stabbing trial that was supposed to start on May 14 has been delayed again because of a “hamster wheel” miscommunication between the US Attorney’s Office and the US Marshals preventing the victim from testifying in court.
The prosecutor asked for the latest postponement in a hearing before DC Superior Court Judge Robert Okun on Aug. 26.
Samuel Robinson is charged with assault with a dangerous weapon in connection to a Feb. 6 incident at the Mt. Vernon Square Metro Station on the 700 block of M Street, NW.
According to court documents, a Metropolitan Department Police (MPD) officer heard a commotion on the train platform and was told by a special police officer that an individual, identified as Robinson, had allegedly stabbed a victim in the back of his head with a knife.
The stabbing was the result of a physical altercation between Robinson and the victim. Both were injured and after receiving medical treatment both parties were arrested.
During the hearing the prosecutor said he was not prepared to go to trial and asked for a 45-day extension so the victim could testify. The individual is being held in Prince George’s County related to the stabbing. However, the prosecutor said there was a paperwork problem in transporting him back to the District.
DC Superior Court Judge Robert Okun queried, “Who’s talking to Prince George’s County?” He noted this was the second time the prosecution had failed to produce the witness.
The prosecutor compared the situation to a “hamster wheel” because of the time required by the US Marshals to execute a writ enabling the transfer within the mandatory deadline. While the prosecutor said there was “good cause” for the procedural delay, he was still “a little unclear why [the witness] has not come back”.
Defense attorney Michelle Lockard said the prosecution has “failed to be diligent in this matter” and asked Judge Okun to either dismiss the case or release Robinson who’s been jailed since the incident.
Although Judge Okun said it was a “close call,” he was not going to dismiss the case. However, he said the “trickier issue,” had to do with the delayed trial date. Judge Okun criticized the prosecution for failure to exercise due diligence even though they were acting under “the mistaken belief” they were doing the right thing.
Regarding Robinson’s release, Judge Okun said it was “concerning” given the serious nature of the offense. That decision was delayed until it was determined if Robinson would be eligible for home confinement.
Meanwhile, a trial date of Sept.10 was set before DC Superior Court Judge Lynn Leibovitz.