Judge agrees with child witness testimony in stabbing trial

By Kelsey Ball
– October 11, 2024
Daily Stories | data | Domestic violence | piercing | Suspicious |

On October 10, D.C. Superior Court Judge Rainey Brandt ruled that testimony from a witness who was five years old at the time of the incident would be admissible to the jury in a stabbing case.

Devan Green, 30, is charged with assault with intent to kill, armed kidnapping, armed kidnapping of a minor, knowingly aggravated assault with a weapon, assault with a dangerous weapon and simple assault. The charges stem from his alleged involvement in a domestic stabbing on September 19, 2023 in the 500 block of 58th Street, NE, in which one person was seriously injured.

During the hearing, the parties argued the admissibility of the statements of the juvenile witness, the victim’s child and the audio recordings of six 911 calls made the night of the incident.

The prosecution argued that it would show the jury body-worn camera footage from police officers that captured statements from the five-year-old. Judge Brandt commented that the minor’s statements at the crime scene were excited statements, an exception to the hearsay rule. This allows the testimony to be presented to the jury even if the juvenile does not testify in court.

Judge Brandt explained that most 911 calls could be reported to the jury as long as the callers were testifying witnesses. She ruled that portions of the calls were irrelevant to the trial and prosecutors needed to redact them.

The parties are expected to meet for a jury trial on October 30.