A mistrial has been declared in the case of a Prince George County defendant charged with double murder. Image may be NSFW.
Clik here to view.
Our D.C. criminal defense attorneys understand that, as is so often the case with mistrials, a technical error was to blame. Specifically, the matter goes back to a suppression of evidence hearing, with a defense request granted, followed by a prosecution witness who then violated that agreement.
According to The Washington Post, the 30-year-old was on trial for two second-degree murder charges, accused of strangling to death two women - mother and daughter - during a home invasion robbery. Prior to the start of the trial, defense attorneys requested that evidence of other home invasions in which the defendant may have been involved should be suppressed, as it would unduly prejudice the jury against him and it wasn't necessarily relevant to the case at hand.
The judge agreed, but did say that prosecutors would be allowed to put forth evidence of one other home invasion involving the defendant - but that was it.
However, a federal agent who took the stand for the prosecution and under questioning mentioned multiple home invasions involving the defendant.
That was enough for the judge to declare a mistrial - something even prosecutors would later say was the right decision.
While none of this matters a whole lot to the defendant in this case - he's already been sentenced to more than 100 years in prison in connection with a separate federal case for the home invasions - such an incident could matter a great deal for you. It illustrates why it's critical for your defense attorney, when preparing for trial, to push for the blockage of as much information as possible.
First of all, the less prosecutors have to work with, the weaker their case. Secondly, approval of such motions give us better grounds on which to challenge prosecutorial overreach or sweeping statements by witnesses.
There a number of ways that your defense attorney might raise a request for evidence suppression.
One of those ways regards the way in which that evidence was collected in the first place. If law enforcement somehow illegally obtained the evidence being used against you, it would fall under the exclusionary rule. For example, if you officers continued to press you for a confession even after your clearly stated your desire for an attorney , it's likely we could have anything you said after that point suppressed. Likewise, if officers entered and searched your home without a warrant, anything they found there might be subject to suppression.
This is sometimes referred to as the "fruit of the poisonous tree" doctrine. That is, if an officer searches you illegally and finds drugs in your pocket, the "poisonous tree" is the illegal search and the drugs are the "fruit" - and your defense attorney should seek to get it tossed. That could mean dismissal of the entire case, depending on the circumstances.
Another way a judge might decide that evidence should be suppressed is if prosecutors intentionally or improperly hide it from the defense prior to trial. This is rare, but it does happen and it's a violation of the Fifth Amendment, which means it's likely to result in a mistrial.
Image may be NSFW.
Clik here to view. Image may be NSFW.
Clik here to view. Image may be NSFW.
Clik here to view. Image may be NSFW.
Clik here to view.
Image may be NSFW.
Clik here to view.
Clik here to view.
Our D.C. criminal defense attorneys understand that, as is so often the case with mistrials, a technical error was to blame. Specifically, the matter goes back to a suppression of evidence hearing, with a defense request granted, followed by a prosecution witness who then violated that agreement.
According to The Washington Post, the 30-year-old was on trial for two second-degree murder charges, accused of strangling to death two women - mother and daughter - during a home invasion robbery. Prior to the start of the trial, defense attorneys requested that evidence of other home invasions in which the defendant may have been involved should be suppressed, as it would unduly prejudice the jury against him and it wasn't necessarily relevant to the case at hand.
The judge agreed, but did say that prosecutors would be allowed to put forth evidence of one other home invasion involving the defendant - but that was it.
However, a federal agent who took the stand for the prosecution and under questioning mentioned multiple home invasions involving the defendant.
That was enough for the judge to declare a mistrial - something even prosecutors would later say was the right decision.
While none of this matters a whole lot to the defendant in this case - he's already been sentenced to more than 100 years in prison in connection with a separate federal case for the home invasions - such an incident could matter a great deal for you. It illustrates why it's critical for your defense attorney, when preparing for trial, to push for the blockage of as much information as possible.
First of all, the less prosecutors have to work with, the weaker their case. Secondly, approval of such motions give us better grounds on which to challenge prosecutorial overreach or sweeping statements by witnesses.
There a number of ways that your defense attorney might raise a request for evidence suppression.
One of those ways regards the way in which that evidence was collected in the first place. If law enforcement somehow illegally obtained the evidence being used against you, it would fall under the exclusionary rule. For example, if you officers continued to press you for a confession even after your clearly stated your desire for an attorney , it's likely we could have anything you said after that point suppressed. Likewise, if officers entered and searched your home without a warrant, anything they found there might be subject to suppression.
This is sometimes referred to as the "fruit of the poisonous tree" doctrine. That is, if an officer searches you illegally and finds drugs in your pocket, the "poisonous tree" is the illegal search and the drugs are the "fruit" - and your defense attorney should seek to get it tossed. That could mean dismissal of the entire case, depending on the circumstances.
Another way a judge might decide that evidence should be suppressed is if prosecutors intentionally or improperly hide it from the defense prior to trial. This is rare, but it does happen and it's a violation of the Fifth Amendment, which means it's likely to result in a mistrial.
Image may be NSFW.Clik here to view.
Image may be NSFW.Clik here to view.
Image may be NSFW.Clik here to view.
Image may be NSFW.Clik here to view.
Image may be NSFW.Clik here to view.
