Judge Finds Prosecution in Violation of Court Order in Attempted Murder Case

By Amina Thiam [former] - September 23, 2022
Attempted Murder | Court | Daily Stories | Non-Fatal Shooting | Shooting | Suspects |

“When things are not disclosed properly, somebody else’s rights are being infringed upon,” said Baltimore City Circuit Court Judge Dana M. Middleton on Sept. 22.

Attorney Amanda Savage, who is representing attempted murder defendant Davon Coleman, told the court that the prosecution failed to disclose items pivotal to the defense, despite the rapidly approaching trial date.

These items include surveillance video of the incident, dispatch recordings of a 911 call, and a statement of probable cause relating to the gun allegedly used in the incident that the prosecutor failed to provide. Savage said that all of this evidence could potentially be exculpatory evidence for her client. She said her efforts to contact the prosecutors had gone ignored. 

Coleman, 23, is charged with attempted first and second-degree murder, conspiracy to commit first-degree murder, first-degree assault, conspiracy to commit first-degree assault, attempted armed carjacking, conspiracy to commit armed carjacking, using a firearm to commit a felony violent crime, conspiracy to use a firearm to commit a felony violent crime, having a loaded handgun on his person, conspiracy to have a loaded handgun on his person, and discharging a firearm in connection to an incident on Jan. 13. 

The prosecutor told the court that she had just acquired the case and unaware of the discrepancies within the prosecutor’s office relating to the disclosure of evidence. 

“The inner-workings of the office are not this court’s concern,” responded Judge Middleton. “The defendant’s rights cannot be abridged because of what is happening in the office.” 

The judge found that the state violated the discovery order for the probable cause statement relating to the gun by not providing it to the defense, which they were ordered to do in July of this year.

The judge ordered that the prosecution has fourteen days to release the evidence to the defense. If they fail to do so, the gun cannot be used as evidence against Coleman during trial. 

Coleman’s trial is scheduled to begin on Nov. 28.