Sexual Assault Defendant Awaits The Decision Of His Case

By Alesar Harfoush [former] , Aerial Lopez [former] - February 8, 2023
Court | Daily Stories | Domestic Violence | Sex Abuse | Sexual Assault |

On Feb. 7 a judge decided to continue a non-jury trial despite counsel’s requests to dismiss a sexual assault case. 

On Aug. 13, 2018, the defendant allegedly sexually assaulted the victim in his apartment on the 5000 block of Washington Avenue, SW. 

The request for dismissal includes deleted body-worn camera footage of the initial investigation.

During the trial on Feb. 7, the prosecution called a former Metropolitan Police Department (MPD) officer, a retired MPD officer, and a retired sexual assault MPD detective as their witnesses, all of whom participated in the case on Aug. 13, 2018. 

A MPD sexual assault detective was called by officers following their initial conversation with the victim. On a recording, the detective is seen asking  the victim if she wanted to file a sexual assault complaint, however, she responded that she was tired and just wanted to go home. 

During their interview, the detective asked twice if the victim had been sexually assaulted. She said no to both inquiries. 

After leaving the hospital two of the officers failed to title their body-worn camera footage, according to the order. 

On Aug 14, 2018, the day after the victim left the hospital, she called the detective and asked to file a sexual assault complaint. According to witness testimony, the case was then updated from a sexual assault allegation to first-degree sexual assault. 

According to court documents, the footage was deleted on Feb. 16  and 17  2019, which is more than 90 days after the incident happened.

As a result of the missing footage, defense attorney Jacqueline Cadman asked for the case to be dismissed. She was able to question the credibility of the prosecution’s evidence, which was a summary of officers’ body-worn camera footage written by a detective. She stated that the victim’s  tone and demeanor on camera while she was in the hospital are crucial to this case. 

She also stated that due to the MPD sexual assault department and the prosecutor’s failure to retrieve the body-worn camera footage when the complaint was filed, the defendant’s due process right to a fair jury trial was violated. The only evidence he has is not available, which Camdan said was bad faith and gross negligence.

The prosecution claimed that neither bad faith nor gross negligence are valid. The prosecution also added that the defendant’s due process rights were not violated and that there is a medical record and more witnesses who can testify.

Camdan previously filed a motion to exclude the defendant’s testimony at the hospital from evidence because it was a violation of the defendant’s Marinda rights. 

But, the prosecution said the testimony wouldn’t be used as evidence. 

The defense also filed a motion to suppress part of a nurse’ testimony, stating that she will be only explaining why she does her job. The prosecution agreed. However, both motions were later withdrawn.

According to court documents, the defendant and the victim got into an argument prior to the incident as a result of cheating allegations.While waiting for their vehicle in a local auto body shop, the victim looked through the defendant’s phone. The victim claimed he was cheating because she found that the defendant had her number saved as “mom” in his phone. 

After they arrived at the defendant’s apartment their argument continued.The victim stated that she informed the defendant that she was having an asthma attack however, he did not believe her, picked her up, threw her on the bed, and started to kiss her chest. Then, she asked him to stop, but he did not. 

While crying and screaming, the victim  allegedly asked the defendant if he was going to rape her and he responded it was not rape. Then the defendant forced his penis inside her vagina while he was choking her which led to her vomit, according to court documents. The defendant then took the victim to the hospital for  her asthma attack, which is when the police were contacted by hospital staff.  

The defendant’s wife, mother, mother in law, sister, brother and brother in law were all there to support him. 

DC Superior Court Judge Jennifer Anderson asked for the trial to continue, allowing the prosecution to call their witness to testify. 

The non-jury trial  is scheduled to resume on Feb 8.