Ill Prosecutors Causes Delays in Homicide Trials

By Andrew Michaels - August 22, 2022
Court | Daily Stories | Homicides | Non-Fatal Shooting | Shooting | Suspects | Victims |

Three co-defendants charged with the murder of 36-year-old Damon Bailey last year had their trial postponed on Aug. 22, requiring one of the co-defendants to be tried separately due to his counsel’s conflicting schedule.

This case was among two homicide trials that were postponed during Monday’s reception court in Baltimore City Circuit Court.

Justin Westbrook, 26, Theodore Richards, 36, and Antuan DuBose, 32, are facing charges of first-degree murder for fatally shooting Bailey on the 1800 block of West North Avenue on June 10, 2021. During Monday’s proceedings, however, the trio’s trial was postponed after the prosecutor fell ill.

Brandon Patterson and Robert Cohen, Richards and Dubose’s respective defense attorneys, informed Judge Melissa Phinn of their availability to try the case on Oct. 31. Judge Phinn confirmed this trial date, telling defense attorney James Rhodes that Westbrook would have to be tried separately due to Rhodes unavailability that day.

“I don’t think Richards and Dubose should be penalized for your schedule,” Judge Phinn told Rhodes.

Judge Phinn noted the prosecution’s objection to trying Westbrook separately after the prosecutor explained that the case has multiple witnesses, one of whom will travel from out of the state.

Judge Paul Cucuzzella will preside over Richards and Dubose’s trial in October, while Westbrook is expected to return for trial on Feb. 22, 2023, before Judge Erik Atas.

The trial of homicide defendant Lenny Epps was also postponed on Monday at the request of the prosecution as another assistant state’s attorney was reported ill. This marks the second postponement of Epps’ trial, the first occurring in February due to the suspension of jury trials amid the rise in COVID cases.

Epps is accused of shooting three people on the 600 block of Lakewood Avenue after a confrontation with the victims days before. A 17-year-old female victim was killed as a result of the shooting, and two men were injured.

Representing Epps, defense attorney Ann Marie Gering noted her client’s objection to the postponement.

The assistant state’s attorney standing in for the ill prosecutor also said it was unknown who in the state’s attorney’s office would be trying Epps’ case.

Judge Phinn asked the prosecution to return to reception court on Aug. 26 with an answer in order to schedule a new trial date.