Defense Claims Double Jeopardy in Motion to Dismiss Attempted Murder Case

By Mackenzie Wright [former] - February 18, 2022
Attempted Murder | Court | Daily Stories | Non-Fatal Shooting | Suspects |

A joint defense motion to dismiss the case against two co-defendants charged in connection to a shooting that left a 13-year-old girl paralyzed from the waist down was heard in Baltimore City Circuit Court on Feb. 18 with  Judge Dana M. Middleton presiding. 

Antwan Newton, 21, and Lasheena Stewart, 39, are alleged to be responsible for the Nov. 22, 2019, shooting that occurred on the 700 Block of East 20th Street. Newton and Stewart face charges of attempted first-degree murder, conspiracy to first-degree murder, attempted second-degree murder, conspiracy to attempted second-degree murder, first-degree assault, conspiracy to first-degree assault, second-degree assault, conspiracy to second-degree assault, reckless endangerment, and firearm use during a felony-violent crime. Newton is also charged with carrying or wearing a handgun on person. 

The trial was originally scheduled for Oct. 4, 2021, before Judge Cynthia H. Jones and took place as scheduled. However, on Oct. 6, Judge Jones declared a mistrial based on procedural issues related to discovery. 

According to defense attorney Roya Hanna on Feb. 18, the prosecution failed to make 15 pages of discovery available to the defense. Hanna said that the missing pages contained witness statements given to Detective Valentine Nagovich, who was the lead investigator on the case. Hanna and co-counsel, Chris Purpura, realized they had not been given this information during Nagovich’s testimony in court on Oct. 6, prompting a recess. 

Hanna and Purpura told Judge Middleton that these notes indicated someone besides the defendants was responsible for the shooting.

The evidence could be exculpatory for the co-defendants and withholding it constituted a potential Brady violation. According to Brady v. Maryland 373 U.S. 83, prosecutors must give any information that is potentially favorable to the defendant to the defense. 

However, the motion to dismiss was not based on prosecutorial misconduct and was instead rooted in the possibility of falling under double jeopardy.

The mistrial was declared by Judge Jones despite both the defense and prosecution agreeing to other remedies, saying the jury had not been compromised by any of the testimony given and any contradictions could be dealt with through jury instructions or admitting additional evidence. But, Judge Jones disagreed that these remedies were sufficient.

Upon learning of the mistrial declaration, Judge Middleton questioned defense counsel on whether or not the Circuit Court was the appropriate place to hear the motion to dismiss, as it would require her to say Judge Jones had erred in her decision. Hanna told Judge Middleton that she had consulted with the Office of the Public Defender Appellate who said this court was appropriate.

The prosecution cited several Supreme Court cases to support Judge Middleton’s jurisdiction over the motion, saying there must be a “high degree of deference” to require appellate action at this stage.

In addition to the discovery issues and declaration of mistrial, Hanna argued that Newton and Stewart should have their case dismissed due to a bad faith effort on behalf of the Baltimore City Police Department and the Office of the State’s Attorney to adequately investigate the incident before bringing it to trial.

Judge Middleton said she needed time to review the entire case file and transcripts from the original trial before rendering her decision. After consulting counsel, Judge Middleton decided she would offer her ruling in writing on or before Feb. 25. 

Stewart, who is on home detention,  and Newton, who is being held without bail, are scheduled for retrial on March 3. If their case is not dismissed next week, it will need to be rescheduled due to ongoing COVID-19 restrictions which have temporarily halted jury trials.

Editor’s note: A jury found Antwan Newton not guilty on July 14. Lasheena Stewart’s case was dismissed on July 14.