Judge Herbert Dixon moved forward with Ellsworth Colbert’s trial Wednesday morning, denying a motion to continue the trial and insisting that it go forward as scheduled next week.
Colbert is charged with first-degree murder while armed, assault with intent to kill while armed, and three weapons charges in connection with the stabbing death of Robert Wright.
The motion to continue the trial against Colbert was sent by email last night. Defense attorney James Beane Jr. pleaded with Judge Dixon to continue the trial Wednesday, stating that the trial exhibits have not yet been prepared and will probably not be ready by trial. Beane further stated that the defense investigator has not yet served subpoenas to all of the witnesses.
Prosecutors opposed the continuance citing several key witnesses who reside outside the D.C. area that may not be able to attend a new trial date.
Last month, Judge Thomas Motley granted a motion to disqualify Damon Colbert, Ellsworth Colbert’s son, as co-counsel. According to Beane, Damon Colbert is restricted from participating as his father’s counsel at trial. However, Damon can consult Ellsworth outside the courtroom.
Currently at issue is whether or not Ellsworth’s cell phone contains information exchanged between he and his son that is protected by attorney-client privilege. Prosecutors are awaiting the evaluation by an outside attorney to determine if certain information is in fact privileged. Prosecutors expect to have a determination by Monday.
Pre-trial motions are also expected to be presented Monday.
