“The government believes that the witness was killed in respect to this case,” said Assistant U.S. Attorney Michelle Jackson.
On Monday, as jury selection began, Jackson sought to introduce the testimony of Smith posthumously at trial. Jackson argued that the brothers’ defense attorneys would benefit unfairly if Smith’s testimony was excluded.
Jackson said she expected Smith to testify that he and another man were in the Northeast DC alley when Ervin Lamont Griffin was shot to death on May 13, 2011.
Charging documents, which are now under seal, state that detectives believe David Warren pulled Griffin from his car on 18th Place Northeast. Outside the car, Montez Warren and a third man followed David Warren as he forced Griffin to a back alley, documents say. In the alley, Griffin was shot once in the throat.
Smith, who had been labeled as Witness 4, and another man said that they were in the alley of 18th Place NE before the shots and saw someone run out of the alley, according to Jackson.
Judge Rhonda Reid Winston has not yet ruled on whether Smith’s account can be included in trial testimony.
Jury selection in the case is scheduled to resume tomorrow.