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By
Andrew Michaels
- May 23, 2022
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Homicide defendant Donnell Johnson was denied bail on May 20 while awaiting his retrial in December following a mistrial last month.
The 30-year-old defendant is charged with the killing of Kenneth Bivens in September 2020 after what one witness, during the two-day trial, described as a drug deal. Johnson’s defense attorney, Brandon Mead, argued that DNA from the crime scene did not belong to his client and no weapon or fingerprint evidence was recovered.
Johnson was originally facing six charges, including first-degree murder and five weapons charges, which were later reduced to first-degree murder and firearm use during a felony violent crime by Baltimore City Circuit Court trial Judge Videtta A. Brown.
A mistrial was declared on April 4 when the jury could not reach a unanimous verdict, resulting in a hung jury.
During Friday’s bail review, Mead told Judge Melissa K. Copeland that his client was not a flight risk nor a danger to the community.
“Based on everything that came out at the trial, I believe we will be successful in the next trial,” Mead said.
No prosecutors from the Baltimore City State’s Attorney’s Office were present during Johnson’s bail review. However, pre-trial services informed the court of the defendant’s four prior convictions, including armed robbery and marijuana possession.
Judge Copeland denied Johnson bail based on the charges in the matter.
Johnson’s retrial is scheduled for Dec. 1.
Editor’s note: Baltimore Witness defines the length of a trial from the start of jury selection through the verdict.