Prosecution Fears Defense is Seeking to Postpone Murder Trial

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On April 18, the prosecution requested the defense waive their claim, so the trial for Ernest Cleveland would not be postponed, again.

Cleveland, 29, is charged with first-degree murder while armed, three counts of possession of a firearm during a crime of violence, assault with intent to kill while armed, aggravated assault knowingly while armed, and unlawful possession of a firearm for allegedly shooting 39-year-old Edward Pearson and another person. According to court documents, MPD responded to a call regarding an unconscious person on Nov. 26, 2020, on the 2900 block of Connecticut Avenue, NW.

During Tuesday’s hearing, the prosecution requested the original trial date be moved up from July 10 to May, to keep the defense from postponing proceedings with their claim.

Defense attorney Madalyn Harvey scoffed and assured the court that she would not be requesting for a delay in the trial.

The claim in question was submitted to the court on April 12. The defense moved the court to grant evidence material related to jury selection methods during the COVID-19 pandemic from January 2021, onward.

According to court documents, the defense argued jury selection in the District of Columbia is, historically, non-representative of the district’s population and they wish to ensure Cleveland is being tried in the most fairest of conditions.

However, the prosecution said these claims were used as a tactic to postpone the trial, again.

Two delays were found in the court docket: during a Feb. 10 hearing. The defense said they would not proceed with trial until they received three evidentiary items pertaining to the case. Then, on March 3 a new trial date was set to compensate for the defense’s motion to reopen a preventative detention hearing.

Much to their dismay, DC Superior Court Judge Robert Okun denied the prosecution’s request to move the trial date, and refrained from advising the defense to waive their claim.

However, Judge Okun set a trial readiness hearing for May 25 to keep parties on track.

A motions hearing was also scheduled for June 23 and jury selection will be conducted July 10.

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