DC Superior Court Judge Jason Park released a defendant accused of her infant’s death to a halfway house on Sept. 15, but required she stay away from children under 10-years-old.
Valencia Duke, 25, is charged with first-degree felony murder and two counts of first-degree cruelty to children. The charges stem from Duke’s alleged involvement in the death of her 13-month-old daughter, Mazouri Jones, on Jan. 18 on the 4700 block of Southern Avenue, SE. Jones and her twin brother, who survived, experienced malnourishment and dehydration due to neglect.
At a Sept. 3 preliminary hearing, testimony revealed that the incident was first reported through a 911 call from Duke, in which she audibly cried and yelled.
Jones’ death was ruled a homicide on April 3.
Judge Park found probable cause for the charges against Duke, but determined the law favored her release. However, the judge expressed hesitancy without clear release conditions. The prosecutor communicated concerns because Duke is six months pregnant with another child.
At the Sept. 15 felony status conference, the prosecutor argued that “it’s pretty clear that [Duke] shouldn’t be around children.”
Duke’s attorney, Kevin O’Sullivan, disagreed and noted there was no direct physical or sexual abuse of his client’s children in the case. “There isn’t evidence that she poses a risk to children generally,” O’Sullivan contended.
O’Sullivan also argued the age limit set in the prosecution’s proposed stay-away order was overly restrictive. The prosecution asked that Duke stay away from children under 16-years-old.
Judge Park determined that the prosecution’s suggestion was too broad and ordered Duke to stay away from children under the age of 10-years-old.
The judge’s order will not prohibit Duke from communication with her own children, who she has permission to see with supervision from the Child and Family Services Agency (CFSA).
CFSA will determine Duke’s contact with her unborn child.
With the stay-away order, Judge Park ordered Duke’s release from the DC Jail and placement in a halfway house.
The parties also agreed upon details about how and when CFSA will be notified when Duke’s child is born.
The parties are slated to reconvene on Dec. 11.
