Witness’ Mental State an Issue in Decades-Old Murder Case

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Counsel questioned whether a witness diagnosed with dementia could testify in a murder trial from three decades old. Complicating matters, the witness is out of state and counsel will need to travel to be present for the interview.

Sheila Brown, 66, is charged with second-degree murder and obstruction of justice in the shooting of Noman Rich, 34. The homicide took place on March 28, 1990, on the 500 block of M Street, NE. According to court documents, the killing was domestic in nature.

Brown was taken into custody in Annapolis, Md. by local police and the US Marshal’s service on March 27, just one day short of the 34 anniversary of Rich’s death.

DC Superior Court Judge Robert Okun issued an order for a new deposition date while a doctor determined how to support the mentally impaired witness.

During the hearing, the parties asked Judge Okun if they would “fall in a legal hole” by trying to refresh the memory of another witness to Rich’s autopsy from 34 years ago.

The prosecution and doctor assigned to the case said they don’t know the exact rate of mental and physical decline for the impaired witness. However, they said they do know that she has now been diagnosed with the condition since April.

Brown’s defense attorney, Thomas Healy, said he found it “inappropriate” that the prosecution was asking for another date for the pending deposition after extensive discussion of the matter.

“It’s a shame” said Healy that the prosecution didn’t extend the courtesy of letting him know since he already scheduled travel dates for the deposition.

The judge is slated to issue an order outlining available timeline for necessary travel.

The next hearing is scheduled for Oct. 18.