Pre-Trial Motions in Attempted Murder Case Conclude, Jury Selection Set to Begin Thursday

By Andrew Michaels - August 11, 2021
Court | Daily Stories | Non-Fatal Shooting | Shooting |

Baltimore City Circuit Court Judge M. Brooke Murdock denied several motions on Aug. 11 in a Baltimore man’s attempted murder case, including motions to exclude victims’ identification of the defendant.

James Phillips, 20, is charged with two counts of first and second-degree attempted murder, first and second-degree assault, firearm use in a violent crime, and reckless endangerment as well as one count of illegal possession of a firearm, minor in possession of a firearm, having a handgun on his person, carrying a handgun over 100 yards, discharging a gun in the city, and illegal possession of ammo.

The incident occurred on Nov. 11, 2019. Phillips allegedly shot two people.

The mother of Phillips’ child and Phillip’s sister were present during Wednesday’s proceeding, which was originally scheduled in courtroom 636 but moved to courtroom 400 in the Mitchell Courthouse.

During the pre-trial motions, defense attorney Jonathan Kerr presented two separate motions to exclude each of the two victims’ identifications of Phillips. Kerr said one of the victims only identified Phillips through video surveillance, not a photo array, and only did so because of the detective’s commentary while the victim was watching the footage.

Kerr said the second victim never provided a description of the defendant and, therefore, shouldn’t be included in the prosecution’s arguments.

Judge Murdock denied both motions.

Although the defense’s motions to sequester witnesses and alternate strikes were quickly granted, motions involving other pending cases against the defendant as well as evidence were heavily discussed.

Kerr motioned to exclude Phillips’ pending gun possession charges in two other cases. The defense attorney said a warrant was issued for Phillips’ arrest regarding those charges when he was arrested in connection to the alleged attempted murder.

The prosecution said they did not intend to mention Phillips’ pending cases, therefore, Judge Murdock said it was “a non-issue.”

The majority of time was spent discussing Phillips’ jail calls as evidence for the prosecution, who played excerpts from six calls spanning from December 2019 to August 2020.  

Kerr frequently described the excerpts as “prejudicial,” adding that the context would be “messy” and “confusing” for the jury.

Judge Murdock later ruled that the prosecution can only present excerpts from two of the six calls to the jury.

At the conclusion of Wednesday’s proceeding, the mother of Phillips’ child and the defendant’s sister told Baltimore Witness that they believe he is innocent.

“The whole family is innocent,” the mother of Phillips’ child said. “We just want to get James home.”

Jury selection is expected to begin on Aug. 12 at 9:30 a.m. in courtroom 400 in the Mitchell Courthouse, with the possibility opening statements will be given in the afternoon.