Counsel Debates Witness Protective Order in Case with 3 Murder Defendants

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Limited progress was made in a hearing on June 28 following a motion to rescind a protective order for two witnesses in a homicide case against three co-defendants.

Defendants Martez Frye-Cuff, Reubin McFadden, and Dneah Smith are facing charges in connection to a homicide on Dec. 3, 2019. 

On Monday, Baltimore City Circuit Court Judge Robert K. Taylor, Jr., the prosecution and the defendants’ respective counsel discussed rescinding a witness protective order, which was motioned by McFadden’s defense attorney, Catherine Flynn.

Assistant Public Defender Stephanie Salter, representing Frye-Cuff, also weighed in on the decision, along with panel attorney Natalie Finegar, who represents Smith. 

The prosecution requested to keep the witness protective order in place, but an agreement was not reached. Following their discussion, Judge Taylor recommended that the prosecution, Flynn, Salter, and Finegar negotiate the need for the protective order in the coming weeks.

In the meantime, Judge Taylor said a hearing will be scheduled in approximately six weeks unless all parties reach a decision before then.

All three defendants are charged with first-degree murder, conspiracy to commit first-degree murder, firearm use in a violent crime, conspiracy to use a firearm in a violent crime, and carrying a handgun on their person.

Unlike Frye-Cuff, 22, both McFadden, 21, and Smith, 20, are additionally charged with robbery and conspiracy to commit robbery.

The trial date for the three co-defendants is tentatively set for July 21. However, Judge Taylor noted the trial will likely be pushed to a later date.

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