Defense in Catholic U murder trial can call detective pulled from case, judge says

A D.C. Superior Court Judge scolded members of the U.S. Attorney’s Office for not disclosing the misconduct of a D.C. police detective who had been assigned to the case.

The judge said not making that disclosure violated due process rights for the man accused of the murder, and the judge said the defense could call on that detective to testify.

Judge Neal Kravitz read his decision from the bench Tuesday morning and stopped just short of imposing the sanctions that the defense wanted. Instead, the judge said that the behavior from the U.S. Attorney’s Office was “very disturbing,” and he said something needed to be done to make sure it doesn’t happen again. And so he said the defense, if they wanted, could call Detective Thomas Roy to the stand and question him about his misconduct.

After that was made clear, opening statements were held. Kravitz said it was the cavalier attitude and laziness of supervisors in the U.S. Attorney’s Office that led to the withholding of information about the lead detective in the case, a clear violation of the Brady rule, which says prosecutors should turn over what’s called exculpatory information to the defense, meaning it could help the defendant.

Kravitz said the information did go to Roy’s credibility and the integrity of the investigation. In just the past two weeks, defense attorneys learned Roy was removed from the case after he was accused of having sex on the job with a fellow detective and recording it on a D.C. police-issued cell phone. Roy signed the affidavit for Jamie Macedo’s arrest and worked the case for several weeks until he was removed and placed under investigation.

Tuesday during opening statements, prosecutors played for the jury videos that were previously released to the public, showing what investigators say was Macedo encountering the victim, Max Emerson, outside the Brookland Metro station on July 5, 2023.

Prosecutors allege Macedo showed Emerson a gun in his waistband, and for the next 30 minutes, as the two walked down Michigan Avenue, Macedo was able to get Emerson to send him $300 to his Cash App before Emerson tackled Macedo in what appears to be an effort to get away and is then shot once in the abdomen.

But defense attorneys say the government’s theory is all wrong and what really took place was an accident and misunderstanding. They acknowledge Macedo had a gun for protection but told the jury common sense will show it was not a robbery and that Emerson was trying to help Macedo and that it was nothing more than a tragic accident.

There was a supervisor from the U.S. Attorney’s Office in the courtroom who was there to listen to the judge’s ruling.

The trial will continue 10 a.m. Tuesday at D.C. Superior Court.