Prosecutors ‘Don’t Care About the Delay,’ Says Defense in 2010 Murder Trial

By Sofia Feigelson [former] - May 10, 2024
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

DC Superior Court Judge Anthony Epstein delayed a homicide trial, which was slated to begin May 20, by almost a year due to pending motions. 

Kavon Young, 33, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of John Pernell, 66, on July 3, 2010. The incident occurred at a cookout near the 3000 block of Nelson Place, SE.

Young, who was charged with the killing in 2019, would have been 19-years-old at the time of the incident. 

According to court documents, Young’s DNA profile was allegedly found in the victim’s right hand fingernail clippings, and on August 13, 2019, detectives interviewed Young about the shooting incident while he was serving time for an unrelated case in an Atlanta prison. He stated to have no knowledge of the killing or the victim.

At the hearing, Mani Gozari, Young’s defense attorney, discussed a previously filed motion to exclude a doctor’s testimony regarding Young’s DNA in Pernell’s nails, on the basis that the prosecution gave deficient notice. Gozari added that if the motion was granted, the defense would not be seeking a trial continuance. 

According to Gozari, the prosecution was in possession of the doctor’s report on February 9, and did not submit it as evidence until March 22. Hence, he argued that the prosecution was aware of this evidence and elected to not give prior notice to the defense, despite the notice being filed by the required deadline.

Judge Epstein requested further briefing to go over the difference between two reports by the doctor although their content was unspecified.

Gozari also requested Young be released, stating that he has a family that is willing to support him to become a productive member of society. 

Gozari added that Young has served his debt to society by being in custody for an incident that occurred after the 2010 shooting, adding he would not pose a flight risk if released.

Furthermore, the attorney emphasized that Young has the right to a fair trial, stating that the case has not been properly handled by the prosecution.

“It is not fair for this man to sit in jail for six years,” Gozari stated, claiming the year-long delay would violate his client’s rights.

According to Gozari, the prosecution lost an extract of critical DNA evidence from the victim that reportedly had the defendant’s DNA profile, which the defense could have retested. The defense also complains the prosecution lost important surveillance footage, and has not been transparent about information about significant witnesses – for instance, not communicating promptly with the defense that a witness from the 2010 incident is now deceased.

Additionally, the prosecution’s key witness suffered a traumatic brain injury, according to the prosecution. The prosecution says they found out in late March after speaking with a private investigator who had knowledge of the witness, adding they were not planning to rely heavily on the witness’ testimony at trial.

“They don’t care about the delay. They just want him to be locked up.” proclaimed Gozari. 

In response, the prosecution urged Judge Epstein not to release Young as he would pose a danger to society given his history of gun possession, and an outstanding parole violation in Maryland.

Pernell’s daughter gave a statement via WebEx, encouraging the judge to not grant Young’s request for release.

Young’s counsel insisted to the court that the entirety of the prosecution’s case revolves around DNA evidence and general descriptions by witnesses, and claimed some descriptions don’t match Young’s appearance.

Judge Epstein needed more time to think about the case, but he acknowledged Young, saying, “I hear you loud and clear.” 

Parties are slated to return May 17 to further discuss the motions.