Prosecution Wants to Use Murder Defendant's Previous Statements to Attorney

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A prosecutor asked a judge to rule on the admissability of statements made by a murder defendant in conversation with an old attorney. Sean M. Baker, 40, is charged with second-degree murder while armed in the January 2016 stabbing 35-year-old Robert Leroi Wiggins on the 300 block of 37th Street, SE. Baker is a transgender woman. During resumed trial on Nov. 6, two prosecutors told DC Superior Court Judge Todd Edelman they could not continue with trial until they resolved an evidence dispute. The prosecutor said Baker’s original attorney, Janet Mitchell, gave the prosecution information about a specific conversation with Baker in her cell block. She asked for Mitchell’s notes from the meeting as well as any information that Mitchell conveyed to Baker’s new counsel, John Fowler, about the conversation. After a conversation with the prosecution, the defense asked the judge to schedule a hearing to decide if the statements are admissible. Fowler said that Mitchell would testify that there was no waiver of client-attorney privilege. Judge Edelman said that Baker’s accusation of ineffective counsel waived client-attorney privilege. Judge Edelman also said that due to his professional and social relationship with Mitchell he would pass the issue on to DC Superior Court Judge Mckenna. Baker filed a motion for ineffective counsel and replaced Mitchell in October of 2016. A motions hearing is set to continue on Nov. 7. Ellery Groth wrote this article.

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Prosecution Wants to Use Murder Defendant’s Previous Statements to Attorney