Defendant Accused of Sexually Assaulting Woman in Apartment Complex Lobby Given Earlier Trial Date

By Mark Lu [former] - March 9, 2022
Court | Daily Stories | Sex Abuse | Sexual Assault | Suspects | Victims |

A DC Superior Court judge rescheduled a sexual assault trial to begin at an earlier date.

The defendant is accused of attacking a woman in the lobby of a Petworth apartment building. A witness alleged he saw the defendant beat the victim and try to force himself on her. He said he called out to the defendant, who got up and then left in a matter of minutes, according to court documents.

The 37-year-old defendant is now indicted on charges of assault with intent to commit first-degree sexual abuse, third-degree sexual abuse, misdemeanor sexual abuse, first-degree burglary, kidnapping and lewd, indecent or obscene acts. The third-degree and misdemeanor sex abuse charges include the aggravating factor of the defendant having previously been found guilty of sex offenses against two or more victims.

During the defendant’s most recent hearing on March 8, parties discussed moving up the trial, for which jury selection had been scheduled to commence at the end of January.

Defense attorney Howard McEachern said he would not be available for trial in August and instead suggested an October date. In the alternative, he suggested the defendant receive a different lawyer who would be available to represent him in an August trial.

Judge Robert Okun said he also wasn’t available in August but could potentially set an earlier trial date under a different judge. At this time, the defendant addressed the court.

“I’m not on y’all’s time. I’ve been locked up for 17 months. I have a right to a speedy trial,” the defendant said. “My trial shouldn’t be prolonged or pushed further because of your calendar.” 

Judge Okun explained the issue was availability and that the defendant will get his trial in accordance with his speedy trial rights. According to parties, the court’s scheduling conflicts are the issues, not the prosecutor’s failure to meet a deadline.

Jury selection was pushed up from Jan. 31, 2023, to Oct. 12, with a trial readiness hearing scheduled for Aug. 23 and a motion hearing scheduled for Oct. 11. 

The defendant is set to appear in court next on May 20 for an Innocence Protection Act hearing.