Parties discussed whether Public Defender Services (PDS) staffing issues will delay a murder trial again before DC Superior Court Judge Todd Edelman on Feb. 3.
Joshua Franklin, 40, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm for his alleged involvement in the fatal shooting of 27-year-old Andrew Session on Jan. 21, 2021 on the 4400 block of 3rd Street, SE. Session sustained 12 gunshot wounds.
All of Franklin’s charges face an aggravating factor of allegedly being committed during his release for a prior offense.
According to court documents, Franklin’s prior attorney, Prescott Loveland left PDS and the case in March 2024. As a result, the court granted Joseph Yarbough’s unopposed motion to reschedule the trial to allow PDS to appoint and prepare a second attorney.
Almost two years later, Yarbough left PDS on Jan. 23, and Franklin’s new attorneys, Emma Mylniec and Terrence Austin, filed a motion on Feb. 2 seeking to reschedule the trial again. Franklin’s trial is currently scheduled to begin on April 13.
At the hearing, the prosecutor said the situation was “a little ridiculous” and strongly opposed rescheduling the trial again for the same reasons. The prosecutor argued that the transfer of counsel within PDS was not procedurally effective and Yarbough should have filed a motion asking Judge Edelman to dismiss him from the case.
Judge Edelman asked Mylniec and Austin to have a PDS deputy trial chief present at the next hearing so he could determine when PDS knew about Yarbough’s departure and if they could have appointed a new attorney sooner.
Parties are scheduled to continue discussing the issue on Feb. 6.
