A Baltimore City Circuit Court trial was thrown into confusion when a prosecutor mistakenly presented the wrong defendant’s cellphone as evidence.
Dionte Cain, 31, is on trial for first- and second-degree murder, armed robbery, and multiple firearm violations for his alleged involvement in an April 2, 2024, shooting on the 3900 block of Greenmount Avenue. Darnell Johnson, 28, is also charged in this case.
During a police officer’s testimony, the prosecution accidentally introduced Johnson’s cellphone instead of Cain’s as evidence. After questioning the officer as if the phone had belonged to Cain, the officer eventually testified that the cellphone was Cain’s, even though it was not.
After realizing she accidentally swapped the cellphones, the prosecuting attorney agreed to strike both the testimony and Cain’s cellphone as evidence. She said her mix-up might mislead or confuse the jury.
The officer’s testimony was struck before defense attorney Natalie Finegar had the opportunity to cross-examine, raising concerns that the jury still heard unchallenged statements linking the cellphone to Cain.
The prosecution later requested the readmission of Cain’s phone as evidence, with Johnson testifying that the cellphone mistakenly presented did, in fact, belong to him, not to Cain. This admission would authenticate the evidence and allow the jury to use Cain’s cellphone during deliberations.
Judge Kimberly C. McBride denied the request, and the trial is continuing without this cell phone evidence.
