Prosecution Sends Criminal Investigators to Extract Bodily Fluids from Homicide Co-Defendants without Defense Counsel’s Knowledge

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Defense attorneys are outraged over the prosecution’s decision to collect co-defendants’ DNA without informing defense counsel beforehand.

Mark Fletcher, 22, Malik Bynum, 22, and Larry White, 21, are charged with first-degree murder while armed in connection to the fatal robbery of 21-year-old Rosendo Miller on July 2, 2021, on the1300 block of Brentwood Road, NE.

The Friday hearing began with the prosecution assuring DC Superior Court Judge Maribeth Raffinan that an indictment would be filed before December. Once filed, an arraignment date would be set.

As the hearing neared its end, defense attorney Pierce Suen, representing Bynum, announced that the prosecution had sent detectives to DC Jail where the defendants were held and collected their DNA.

In what Suen called “unethical” behavior, the prosecution provided no notice of this DNA collection and therefore left Bynum without counsel or representation, which he should have access to at all times.

Defense attorneys Lisbeth Sapirstein, representing White, and Thomas Healy, representing Fletcher, both concurred with Suen’s statements.

Judge Raffinan replied that at this point, the issue is moot and has already occurred. However, she advised the prosecution to remember that going forward it should not send forensic or criminal investigators, or any prosecution-hired personnel to defendants without notifying defense counsel beforehand.

According to court documents, the group was allegedly robbing Miller when the victim was shot eight times.

The next hearing is set for Nov. 21.