Prosecution in Murder Case Accused of Violating Disclosure Rules

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A DC Superior Court judge said he was “admittedly frustrated” after telling the prosecution they had violated the Jencks Act, which requires the prosecution to hand over reports made by government witnesses, several times throughout the course of a three-day preliminary hearing to determine if a murder case has enough evidence to go to trial.

Kirk Spencer, 26, is charged with first-degree murder while armed for allegedly shooting 49-year-old Marcus Covington on Feb. 23 at the Anacostia Metro Station on the 1100 block of Howard Road, SE.

Judge Michael Ryan found probable cause but said the prosecution violated the Jencks Act on four separate occasions with four different judges. He said this caused the hearing to go on longer than necessary.

On July 27, the second day of the preliminary hearing, Judge Ryan ended the proceedings early after defense attorney Jacqueline Cadman asked the Metropolitan Police Department (MPD) detective about documents and files he obtained throughout his investigation, and he referred to pieces of evidence she said she never got. Judge Ryan told the prosecution they “will have until midnight tonight to find every communication this detective has made.”

When proceedings picked back up on July 28, Cadman spoke to the detectives for approximately five minutes about his emails regarding the case, finishing the cross-examination.

During re-direct, the detective told the prosecution that, while executing a search warrant on the defendant’s home, he recovered two pairs of shoes which he said were similar to those shown in video footage.

The footage shows Spencer entering a dumpster enclosure through an alley in the rear of his home after Covington was killed. The suspect exits the dumpster enclosure soon after, wearing different clothing. He then leaves the view of the camera.

According to court documents, previous video footage shows that the defendant allegedly changed into the shoes and coat before the homicide in this same dumpster enclosure nearby his home.

After finding probable cause, Judge Ryan ruled that Spencer should remain held at DC Jail. He is scheduled for a status hearing on Aug. 12.