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By
Andrew Michaels
- September 5, 2024
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Nearly seven years after a shooting that claimed the life of Daniel Brinkley, his accused killer, Tyrone Gerald White, began his third retrial on Sept. 5 in Baltimore City Circuit Court, where the prosecution’s sole eyewitness is expected to testify.
The murder, robbery, assault and weapons charges against White stem from a shooting on Oct. 2, 2017, when Brinkley was found gunned down on the 1300 block of Myrtle Avenue. The 41-year-old defendant was initially found guilty of first-degree murder and two weapons charges in 2019 before the conviction was overturned on appeal. After a second trial in 2022, a mistrial was declared as the result of a hung jury.
Judge Jennifer B. Schiffer is presiding over the latest trial.
On Thursday morning, the prosecutor told jurors that White and Brinkley were arguing when the defendant shot the victim at least three times. A man waiting at a nearby bus stop told Baltimore Police that he saw the shooter wearing a brown jacket, which police later found inside a book bag in a dumpster along with black shoes and cartridges.
The prosecutor noted that White’s DNA was likely found on the recovered jacket.
Defense attorney Brad MacFee argued that the evidence, or lack thereof, would speak for itself as it’s presented at trial. However, MacFee told the jury to weigh the credibility of the prosecution’s eyewitness.
Prior to the start of White’s latest trial, Judge Schiffer briefly discussed the prosecutor’s motion to use a crime scene technician’s recorded testimony from White’s first trial—a motion that claims the witness is “legally unavailable” to return for another round of testimony. The witness, identified in news accounts, has had a history of evading court orders to return for White’s first and second retrials.
The judge who presided over Morse’s second trial allowed the prosecution to use the witness’ recorded testimony due to such complications.
The prosecutor told Judge Schiffer that law enforcement repeatedly visited the witness’ home and attempted to contact her, but believe she now resides in South Carolina. The judge said she would review the case law presented by the prosecutor, while saying she needed additional justification for using the previously recorded testimony.
Testimony began shortly after opening statements and is expected to continue through next week.