Murder Defendant Asks for Bench Trial in Spite of Attorney’s Push for Jury Trial

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A Baltimore man elected to proceed with a bench trial on Dec. 14 for a 2020 homicide before Baltimore City Circuit Court Judge Yolanda Tanner.

In what was supposed to be a hearing regarding a request for postponement by defense attorney Brandon Mead, defendant Epenetus Henriques waived his right to a jury trial despite Mead calling it a “significantly bad idea.”

“It’s his call, not yours,” Judge Tanner explained to Mead.

During Thursday’s hearing, Henriques said he felt like he and his attorney were not “on the same page,” which was evident by the many break-out discussions the two required before the judge.

Another point of contention was the defendant’s choice to withdraw his not criminally responsible (NCR) plea. Judge Tanner explained to Henrique that if a jury found him guilty but not criminally responsible, he would not be released but would be admitted into a health facility.

Mead informed the court that medical reports deemed his client competent and not criminally responsible; however, if given the time, he would work to find another doctor.

In March, Henriques was found competent to stand trial by Baltimore City Circuit Court Judge Gale E. Rasin following the results of a medical evaluation. There have been no attempts to have the defendant reevaluated since this decision was made, according to Mead.

Henriques, 31, is charged with first-degree murder and having a deadly weapon with the intent to injure in connection to the murder of 29-year-old Isaiah Drummond on Jan. 23, 2020.

Judge Tanner patiently yet meticulously questioned the defendant to ensure his understanding of the legal proceedings before moving forward with his requests. She ultimately accepted his request to withdraw his NCR plea as well as his request to have her preside over his bench trial.

The judge ordered all parties to return on Monday, Dec. 19 at 10:30 a.m. to move forward with the bench trial.