A retrial for Darian McFarland, 37, was postponed on June 9 before Baltimore City Court Judge Melissa K. Copeland.
Defense attorney Augustine Okeke requested the postponement in front of Baltimore City Court Judge Charles H. Dorsey lll on Tuesday morning, citing a need for further time to review newly disclosed jail calls and tablet messages with McFarland.
McFarland was originally sentenced to 60 years in prison on June 11, 2024, after a jury convicted him of the murder of 28-year-old Michael Morrison. Morrison was shot on the 1600 block of E. Eager Street, following a Dec. 23, 2022 dispute involving McFarland’s ex-girlfriend. Morrison had reportedly been seeing the woman at the time. He was convicted of second-degree murder, firearm use in a felony violent crime, committing a crime of violence in the presence of a minor, and five related gun offenses.
The conviction was overturned after the Appellate Court of Maryland found that the jury should not have been made privy to evidence that McFarland was seeking an attorney the day of the shooting. The court ruled that this violated McFarland’s due process right to a fair trial, and Okeke called the affair a “bad, bad, bad trial.” As a result, the court vacated the conviction and ordered a new trial.
The prosecutor objected to the postponement request, arguing the case relies on civilian
witnesses and that additional delays would force them to relive traumatic events.
While Copeland said she “100 percent” agrees with the state as it pertains to the victims, she ultimately granted the postponement.
A new scheduling hearing is set for June 12.