Prosecution Is Slow in Handing Over Evidence, Defense Says

By D.C. Witness Staff - September 24, 2019
Court | Daily Stories | Homicides | Suspects | Victims |

A murder defendant’s defense counsel requested that the prosecution release all evidence to avoid delaying trial. 

Tony S. Aiken, 48, is charged with second-degree murder while armed for allegedly murdering 23-year-old Kendra Smith on the 4300 block of D Street, SE on Sept. 6, 2004. 

During a status hearing on Sept. 20, defense attorney Jason Tulley told DC  Superior Court Judge Todd Edelman that if the turn over process was delayed any longer, the upcoming trial, which is scheduled to begin on May 18, could be postponed.

“This case is already 15 years old, people on both sides need it resolved,” Tulley said. 

Tulley said the evidence should have been given to the defense sooner.

Judge Edelman ordered the prosecution to respond to the defense’s evidence request no later than Oct. 4.

Additionally, Aiken waived his right to independent DNA testing.

A status hearing is scheduled on Oct. 18.