Baltimore City Circuit Court Judge Dana Middleton initially allowed prosecution evidence to be introduced against murder co-defendants Kamya Stratton, 18, and Noah Diggs, 21, in an Aug. 7 motions hearing.
The request was to present ballistics evidence, specifically a bullet, obtained from another case. After responding in the affirmative, the judge reconsidered after learning that a prosecution witness is a co-defendant from the other case and not the one being tried.
On Feb. 3, 2024, surveillance footage showed a black vehicle driving near Edmonson Avenue and N. Longwood Street when a muzzle flash appears. The footage then shows victim Melvin White, 55, stumbling back to his home, and later was pronounced dead at the scene by police.
The current hearing started with the prosecution asking to introduce ballistics evidence from a previous case in which Diggs pleaded guilty, because they say it would help identify the suspect.
Prosecutors stated that 19 hours after White was shot, a non-fatal shooting and carjacking in Baltimore County happened and Diggs pleaded guilty to assault and gun possession for that crime.
A 9mm bullet was found in Baltimore County near that crime scene, and a 9mm bullet was found on Edmonson Ave and N. Long Street, and both bullets likely came from the same gun. The prosecution stated this evidence is crucial for identifying Diggs as an accomplice for the crime in Baltimore City.
Diggs’ defense attorney Donald Wright stated that evidence use from previous cases is typically not allowed, and that it could prejudice the jury against the defendant implying he is guilty of violent acts.
Wright also stated that the prosecution does not need this ballistics evidence to prove Diggs’ identity because they had other evidence they could use, including witnesses, DNA, and fingerprints on the scene that likely matched Diggs.
Though Judge Middleton initially allowed the evidence to be used she reconsidered given that the information was linked to a witness in the county case, not the one currently being argued in Baltimore City.
This story will be updated when the judge makes a final ruling.
