Prosecution, Defense Exchange Barbs During Murder Case Hearing

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Attorneys for both sides asked DC Superior Court Judge Robert Okun to penalize opposing counsel for their actions during a motions hearing in a fatal shooting case on July 19.

Tyree Irving, 27, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, and two counts of obstruction of justice. The charges stem from his alleged involvement in the death of Davane Williams, 22, on Jan. 15, 2019, on the 1200 block of North Capitol Street, NW.

The motions hearing originally scheduled for 11:00 a.m. was delayed until noon by Madalyn Harvey’s absence, one of Irving’s defense attorneys.

The prosecution alleged that Harvey caused the delay by double-booking the motions hearing to coincide with the sentencing of another client. They asked Judge Okun to require Harvey to finish her cross-examination of their witness by 1:00 p.m., since he needed to leave for a childcare issue.

Harvey alleged the prosecution had kept her from preparing for cross-examination by withholding information about past misconduct by the witness until after close of business on the day before the hearing. As a result, she asked Judge Okun to sanction the prosecution.

“Stop. This is not the way. The court reporter needs to take down people speaking one at a time,” Judge Okun instructed the attorneys as they interrupted each other’s arguments.

Denying the requests of both parties, Judge Okun ordered the prosecution to conduct direct examination of the witness immediately. He scheduled Harvey’s cross-examination for Aug. 8.

The witness, a Metropolitan Police Department (MPD) detective, had previously conducted a photo array with a witness who identified Irving as the perpetrator.

“I seen him walk up and shoot multiple times,” the detective reported the witness saying when he saw Irving’s picture in the photo array.

Harvey argued in support of a motion to require the prosecution to turn over all communications with a cooperating witness whom Harvey earlier said could be seeking advantage in return for providing testimony.

The prosecution said that the defense is entitled to receive only false or inconsistent information provided by the witness.

Harvey alleged that the witness is desperate after having cooperated with prosecutors for 11 years without receiving a reduction in his 63-year prison sentence for unspecified charges.

Harvey said the communications she’s requesting are necessary to show his state of mind and what he might resort to.

“I feel our office wastes a lot of time fighting for evidence that should just be turned over,” Harvey said. “I think we’re at a point in the law where the appeals court is saying this is no longer acceptable.”

Judge Okun said he would review both parties’ written arguments before ruling on the motion.

The prosecution argued in support of a motion to admit recordings of phone calls between the defendant and his girlfriend as evidence. The phone calls were made on the day preceding and the day of the girlfriend’s testimony before the grand jury.

The prosecution alleged that the defendant was trying to persuade his girlfriend not to cooperate with prosecutors.

Harvey argued that the phone calls were merely attempts to work out relationship issues.

Judge Okun said he would issue a ruling after listening to the recordings more carefully.

Parties are scheduled to reconvene on July 26.