Prosecution and Defense Clash over Rescheduling Homicide Trial

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Sylvia Smith, the defense attorney for homicide defendant Anthony Green, argued heatedly with prosecutors over the date for Green’s trial before DC Superior Court Judge Anthony Epstein on Nov. 1.

Green, 38, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the murder of 24-year-old Terrence Akindo on the 2300 block of 13th Place, NE, on July 30, 2023. Akindo died from gunshot wounds to his head and chest.

Judge Epstein said Smith had filed a motion to delay Green’s trial from March 3, 2025, to April 28, 2025, because of her new duties training PDS (Public Defender Service for the District of Columbia) attorneys. He said the prosecutor had filed a strongly worded objection.

“I don’t understand the intensity of opposition to what is a very modest request,” said Judge Epstein. He said attorney training is an important task and a valid reason to request scheduling changes.

“Frankly, I think PDS does a better job in training overall than the US Attorney’s Office does,” Judge Epstein said. He added, “I’ll give Ms. Smith an opportunity to respond to the personal attacks.”

“I don’t make misrepresentations to the court. I take my responsibilities seriously,” said Smith. “I don’t think there’s any real argument the [prosecution] made, so I don’t think I need to respond unless the court wants.”

Smith said she has several trial dates that were set before she was given training responsibilities. She’s trying to reschedule all the ones that conflict with her new duties.

The prosecutor from another case in which Smith is representing a defendant appeared in court virtually to object to Smith’s assertions.

“Ms. Smith just indicated that her goal is to keep the detained cases on track,” the prosecutor from the other case said. She argued that claim was inaccurate because Smith already has another trial scheduled for April 28, 2025. The defendant in that case is also detained, and his case is older than Green’s case. The prosecutor said the other defendant’s case could not be rescheduled sooner than April of 2026 if Green’s case displaced it.

The prosecutor urged Judge Epstein not to delay Green’s trial, saying Smith would tell the judge in the other case that the trial needed to be rescheduled because of Green’s new trial date.

Smith argued she was representing both Green and her other client according to their wishes. Her training schedule conflicts with Green’s current trial date, but Green wants his trial as soon as possible, so she is asking Judge Epstein to give him the first opening in Judge Epstein’s trial calendar.

“My representation of [my other client] is completely different,” Smith said. She said the prosecutor from the other case should make her arguments over the timing of that trial at hearings for that case, not during Green’s hearings.

Judge Epstein said his trial opening for April 28, 2025, came about unexpectedly because of the death of the defendant in the trial originally scheduled for that date. He doesn’t expect that opening to get filled because most attorneys are already fully booked for April of 2025.

Judge Epstein said he will set Green’s trial date for April 28, 2025, if Smith’s other client’s trial date gets moved. If that trial date doesn’t change, Judge Epstein will hold a status hearing to find a different date for Green’s trial.

The prosecutor said she had turned over evidence to the defense, including cartridge casings recovered from the scene of the crime and bullets recovered from the victim’s body.

“The [prosecution] did not do DNA testing in this case, but evidence was recovered,” the prosecutor said.

Green waived his right to conduct DNA testing on the evidence.

The next hearing in this case is scheduled for Nov. 25.