Witness’s mental state a concern in decades-old murder case

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The attorney questioned whether a witness diagnosed with dementia could testify in a murder case that was 30 years old. Complicating the matter further is that the witness is out of state and the attorney must travel to be present during the hearing.

Sheila Brown, 66, is charged with second-degree murder and obstruction of justice in the shooting death of Noman Rich, 34. The killing occurred on March 28, 1990, in the 500 block of M Street, NE. Court documents indicate the homicide was domestic in nature.

Brown was arrested in Annapolis, Maryland, on March 27 by local police and the U.S. Marshal’s Service, just one day before the 34th anniversary of Rich’s death.

Washington, D.C. District Court Judge Robert Okun ordered a new date for the deposition while a doctor determined how to support the mentally disabled witness.

During the hearing, the parties asked Judge Okun if they would be “falling into a legal hole” by trying to jog the memory of another witness from Rich’s autopsy 34 years ago.

The prosecution and the doctor assigned to the case said they do not know how quickly the witness is deteriorating mentally and physically. However, they did say they know she has been diagnosed with the condition since April.

Brown’s lawyer, Thomas Healy, said he found it “inappropriate” for the prosecution to request a different date for the upcoming testimony after extensive consultation on the matter.

“It is unfortunate,” Healy said, that the prosecution did not exercise the courtesy of informing him of this, as he had already scheduled travel dates for the testimony.

The judge will issue an order outlining the available timeline for the necessary travel.

The next hearing is scheduled for October 18.

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