Prosecution Not Granting Access to Evidence, Defense Says

By D.C. Witness Staff - February 5, 2020
Court | Daily Stories | Documents | Homicides | Suspects | Victims |

During a motion hearing on Feb. 5, counsel argued over evidence the defense says they are entitled to. 

Michael Fahnbulleh, also known as Mike Mike, 26, is charged with first-degree murder while armed for allegedly shooting Michael Andre Francis, 28, on Nov.30, 2019, on Unit block Danbury St., SW.

Fahnbulleh’s attorney, Madalyn R. Harvey, said the evidence she was given was video surveillance. She was denied other materials, including witness identification.  

Harvey said that the video is contradictory. She said it does not incriminate Fahnbulleh, as the prosecution said it does. Instead, it questioned the witnesses’ credibility by showing images that did not reflect the statements.

Harvey said the video should not be shown in trial at all. 

Witness identification cannot be given and the defense is not entitled to it in order to protect the integrity of the investigation and the witnesses, said the prosecution.

The prosecution continued to say that the video itself is helpful to their case and therefore should be admitted into trial.

“I take everything at face value, if it shows he’s not the one it impacts what is relevant and important,” said DC Superior Court Judge Todd. E. Edelman. The judge said he would decide if the evidence is necessary to share or not.

During the next motion hearing, Judge Edelman is expected to decide whether the prosecution needs to share certain pieces of evidence with the defense. 

The next motion hearing is slated for Feb. 7. 

This article was written by Jailynn Caraballo and Lea Gianasso.