Uncooperative Witness Admits to Testifying While High in Murder, Conspiracy Trial

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On April 11, the mother of an individual linked to a homicide defendant wavered when asked to identify a murder suspect during testimony before DC Superior Court Judge Rainey Brandt. The individual claimed she was under the influence of drugs while on the witness stand.

Koran Jackson, 23, Tyiion Kyree Freeman, 24, and Stephen Nelson, 33, are three of five individuals charged with multiple counts of conspiracy, assault with the intent to kill while armed, first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in connection to the fatal shooting of 13-year-old Malachi Lukes on March 1, 2020 on the 600 block of S Street, NW. The shooting also left a second juvenile victim located in the vicinity suffering from an apparent gunshot wound to the right leg.  

The case also involves alleged co-conspirators Reginald Steele, 24, and Aaron Brown, 27.

Throughout the trial, the prosecution has attempted to connect Jackson, Freeman, and Nelson to additional shootings that occurred on Feb. 22, Feb. 24, and a second shooting on March 1, 2020. The prosecution alleges a firearm conspiracy of the defendants, in which they aimed to obtain and use specific weapons in Lukes’ homicide. 

The prosecution called the mother of an individual allegedly connected to Nelson and Steele to positively identify Nelson as “Boogie”–a nickname the jury heard an unidentified woman use earlier referring to Nelson in a jail call.

The prosecution wanted the witness to identify her son and Nelson and Steele in various videos and photos to demonstrate a strong friendship among the three.

However, the witness was uncooperative.

 As the prosecution pressed the witness for “yes” or “no” answers more aggressively, the witness grew increasingly non-committal.

Finally, when the prosecution pressed the witness on whether Nelson came to see her son in 2020, she exclaimed, in apparent reference to drug use, “I don’t recall, I smoked.” 

The witness said she smoked “yesterday and this morning.” When the prosecution asked what time the witness smoked, she responded “I’m supposed to count the time?” 

After responding, “I guess,” to the prosecution’s question of whether her testimony was impaired, the witness conferred with her personal attorney who said the witness wasn’t impaired.

Though Judge Brandt stated the witness’ “answers indicated that she’s under the influence,” the judge agreed to have her take the stand later in the afternoon. 

After affirming she was sober, the prosecution showed the witness various photos of her son and Nelson together.  

Despite positively identifying Nelson with her son in four of five photographs presented in court, the witness repeatedly stated that she knew him as “Boogie,” and that she had only learned his real name from her initial grand jury subpoena. 

However, the witness failed to identify Steele in images of her son, Nelson, and Steele listening to music in a car together.

The prosecution presented an Instagram photo of Steele and the witness’ son together on an Instagram post with two name tags. The witness admitted that one of the  user names was “fullygordo.” According to past witness testimony, Steele is associated with the rap name “Gordo.” 

The prosecution also recalled a forensic scientist who was employed with the Department of Forensics (DFS) and documented evidence from Lukes’ homicide in March of 2020 to finish her testimony. 

The witness’ testimony included verification of photos, fingerprint testing, and DNA testing performed on two firearms allegedly involved in Lukes’ homicide– a  Glock 19 and a Glock 22.  

The witness stated that no latent fingerprints or ridge patterns were found on either firearm or magazine. 

Similarly, the witness testified that in swabbing both sets of firearms and magazines, no DNA was found. 

The prosecution then brought in a senior forensic analyst from Bode Technologies, an independent DNA analysis lab, to testify on a report she had reviewed of DNA analysis on evidence associated with defendants in the case of Lukes’ homicide. 

In cross examination, Jackson’s defense attorney, Brian McDaniel, asked the witness if unknown DNA which was found inconsistent with any of the defendants had been uploaded to the Combined DNA Index System (CODIS)–a national DNA database of past offenders.

The witness testified that while there was a request, she had “no reason to believe” that Bode sent to material another lab to compare results to CODIS records. 

In redirect, the prosecution asked if there had been a request by the prosecution to compare the DNA results to CODIS prior to testing. The witness affirmed that there had been a request, however, the tests done by Bodie were incompatible with the tests needed to compare the case DNA to CODIS. 

Parties are slated to return April 22.

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