Filed
`
`D.C. Superior Court
`02/24/2024 00:43AM
`Clerk of the Court
`
`SUPERIOR COURTOF THE DISTRICT OF COLUMBIA
`Criminal Division—Felony Branch
`
`UNITED STATES OF AMERICA
`
`Case No. 2024 CF3 001195
`
`Vv.
`
`Judge Lynn Leibovitz
`
`SAMUEL ROBINSON
`
`Felony Status: February 29, 2024
`
`NOTICE OF FILING
`
`The government requests that the attached discovery letter, dated February 24, 2024, be
`madepart of the record in this case.
`
`Respectfully submitted,
`
`Matthew M. Graves
`United States Attorney
`
`Katherine Earnest
`Chief, General Crimes Section
`
`By:
`
`/s/Katrenia Shelly
`Katrenia Shelly
`Assistant United States Attorney
`U.S. Attorney’s Office, District of Columbia
`601 D Street NW
`Washington, D.C. 20530
`(202) 445-8340
`
`CERTIFICATE OF SERVICE
`
`Thereby certify that a copy of the foregoing Notice of Filing and attached Discovery Letter will be
`served by email upon the attorney for the defendant, Susan Borecki, Esq., on February 24, 2024,
`with the listed attachments provided through a shared folder on USA File Exchange on the same
`date.
`
`/s/Katrenia Shelly
`Katrenia Shelly
`Assistant United States Attorney
`
`

`

`
`
`VIA EMAIL
`Susan Borecki, Esq.
`Counsel for Defendant
`
`U.S. Departmentof Justice
`
`Matthew M. Graves
`United States Attorney
`
`District of Columbia
`
`Judiciary Center
`601 D Street N.W.
`Washington, D.C. 20530
`
`February 24, 2024
`
`Re:
`
`United States v. Samuel Robinson, 2024 CF3 001195
`
`Dear Counsel:
`Iam writing to update you on the discovery provided by the Governmentto date, to provide
`additional information in response to your requests for discovery, and to provide expert notice.
`
`L
`
`Plea Offer
`
`A plea offer will be extended at a later date.
`
`Il.
`
`Discovery
`
`A. Newly-Disclosed Discovery
`
`The following documents and electronic materials were uploaded on February 24, 2024,to the
`shared USAfx folder entitled “U.S. v. Samuel — 2024 CF3 001195”:
`
`e=2.24.2024 — Discovery Disclosures
`
`o barodes,81s
`="
`9884 DEA-7001 (1).pdf
`="
`9884 DEA-7001.pdf
`=»
`9884001.pdf
`"
`doc.pdf
`
`The following documents and electronic materials were uploaded on February 23, 2024,to the
`shared USAfx folder entitled “U.S. v. Samuel — 2024 CF3 001195”:
`
`e=2.23.2024 — Discovery Disclosures
`
`o Mount Vernon Square Station CCTV
`2
`
`

`

`
`
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-K-
`001 FridayFebruary23 20242244407e98fSf.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-K-
`004FridayFebruary23 2024225811 9bf3d6a.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-K-
`004FridayFebruary23 2024225811 9bf3d6a_2.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-K-
`004FridayFebruary23 2024225811 9bf3d6a_3.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-K-
`007FridayFebruary23 2024225801 a65c2b3.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-M-
`002_Friday_February_23 2024225800_a7ee8b7.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-M-
`003_Friday_February_23 202422443718c6d00.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-M-
`005_Friday_February_23 2024224426b9a0125.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-M-
`006FridayFebruary23 2024224414b8e93a2.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-M-
`009_Friday_February_23_202422580394b96ee.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-M-
`010FridayFebruary23 202422575872b5a74.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-M-
`011 FridayFebruary23 20242244395c6f2a7.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-M-
`012FridayFebruary23 20242244275lee3e4.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-M-
`013FridayFebruary23 2024224418b26f33a.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-M-
`015FridayFebruary23 202422580493f6f13.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-M-
`016FridayFebruary23 2024225757b5e82b4.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-M-
`017Friday_February_23_2024224429a0al488.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-M-
`020FridayFebruary23 20242244207af3c6b.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-M-
`022FridayFebruary23 202422580649e0a02.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-M-
`023Friday_February_23_2024225756_3671b8e.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-P-
`030FridayFebruary23 2024224433087ac90.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-P-
`031 Friday_February_23 20242244426f8687c.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-P-
`032_Friday_February_23 202422443052bc0dc.avi
`MVSQ_02-6-20241525hrs-1625hrs_C-E01-P-
`3
`
`
`
`

`

`033_Friday_February_23_2024224422490dc81.avi
`=" MVSQ_02-6-20241525hrs-1625hrs_C-E01-P-
`034FridayFebruary23 2024230148e6e098e.avi
`=" MVSQ_02-6-20241525hrs-1625hrs_C-E01-P-
`035_Friday_February_23 2024225807c8be4f5.avi
`=" MVSQ_02-6-20241525hrs-1625hrs_C-E01-P-
`036FridayFebruary23 202422575415c07f8.avi
`=" MVSQ_02-6-20241525hrs-1625hrs_C-E01-P-
`037Friday_February_23_20242257496a28bdb.avi
`=" MVSQ_02-6-20241525hrs-1625hrs_C-E01-P-
`038FridayFebruary23 20242244241bfdd70.avi
`=" MVSQ_02-6-20241525hrs-1625hrs_C-E01-P-
`039Friday_February_23_2024230151 27b4dde.avi
`=" MVSQ_02-6-20241525hrs-1625hrs_C-E01-P-
`040FridayFebruary23 202422580942fdfa2.avi
`=" MVSQ_02-6-20241525hrs-1625hrs_C-E01-P-
`041 FridayFebruary_23 2024225752d9d5S5ad.avi
`=" MVSQ_02-6-20241525hrs-1625hrs_C-E01-P-
`042FridayFebruary23 2024225751 6ed4891.avi
`=" MVSQ_02-6-20241525hrs-1625hrs_C-E01-P-
`043_Friday_February_23 202422443507dbf86.avi
`" Tableof_Contents.xlsx
`
`
`
`B. Previously-Provided Discovery
`
`The following documents and electronic materials were uploaded on February 15, 2024,to the
`shared USAfx folder entitled “U.S. v. Samuel — 2024 CF3 001195”:
`
`e=2.15.2024 - Discovery Disclosures
`
`o Evidence.com - Metro Transit Police Department
`#
`20240106-AGGRAVATEDASSULT_TRANSPORT-MVSQ.mp4
`=
`20240206-ASSAULTSTABBING-
`_MOUNT_VERNONSQUARESTATION.mp4
`20240206-AGGRAVATED_ASSAULT-MVSQ.mp4
`20240206-AGGRAVATEDASSAULT-MVSQ-2.mp4
`20240206-AGGRAVATEDASSAULT-MVSQ-3.mp4
`20240206-Allied_Interview-MVSQ.mp4
`20240206-FIGHT-MVSQ.mp4
`20240206-HOSPITAL_TRANSPORT-HOWARD.HOSPITAL.mp4
`20240206-STABBINGG-MVSQ.mp4
`20240206-Stabbing-MVSQ.mp4
`20240206-STABBING-MVSQ-2.mp4
`20240206-Stabbing-MVSQ-3.mp4
`20240206-STABBING-MVSQ-4.mp4
`20240207-FAREEVASION-SUIT mp4
`
`=
`=
`=
`=
`=
`=
`=
`=
`=
`=
`=
`=
`
`4
`
`

`

`CAH_4491.JPG
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`CAH_4517.JPG
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`CAH_4519.JPG
`CAH_4520.JPG
`Det.MontesinoDVR_Review_SummaryRedacted.pdf
`Det.Twentymon_InititalCaseResumeSummaryRedacted.pdf
`Det.TwentymonReport_ofInvestigationRedacted.pdf
`MTPD_Offense_Report_2024-01897-001 Redacted.pdf
`PropertyPaperwork_-Ofc.FrancoisRedacted.pdf
`TableofContents.xlsx
`
`1_24-019024Redacted.pdf
`1 ml jpg
`1METROPOLITAN POLICE DEPARTMENTRedacted.pdf
`2Pratt Citation Document_Redacted.pdf
`1CCN _ 24019024 - Combined ReportsRedacted.pdf
`
`Someof these items may have been redacted. If you have questions about the redactions,
`please contact me.
`
`

`

`Please note that USAfx is a file-sharing system and all content is automatically deleted
`after 60 days from the date in which the materials were uploaded. Please make arrangements to
`download the following materials within the next 60 days for storage in your ownfiles.
`
`Additionally, please note the following:
`
`a. Evidence
`
`1.
`
`Identification Procedures
`
`Attrial, the Government may seek to introduce any identification procedures conducted in
`this case.
`
`2.
`
`Physical Evidence
`
`At trial, the Government may seek to introduce the physical evidence described in the crime
`scene reports. This evidenceincludes:
`
`Photographs of the scene, evidence, and yourclient
`Diagrams or maps ofthe location where the incident occurred
`Knife
`
`Clothes
`
`narcotics
`
`
`
`1.~—s-:9911 calls and radio runs
`
`The governmentis not aware of recorded communicationsrelevant to this case. However,
`any relevant recordings will be provided consistent with the government’s obligations under the
`Jencks Act. Should we determine that we may use the recorded communications as evidence at
`trial, we will provide you a copy of the recording upon review and redaction.
`
`ii.
`
`Body worn camerafootage
`
`There may be body worn camera (“BWC”) materials that were generated in connection
`with this case. If you consent to the entry of the standard Consent Protective Order Governing
`Discovery of Body Worn Camera Materials (the “Order”), the assigned AUSA will share with you
`the BWC materials of which they aware along with any plea offer. If you do consent to the Order,
`contact the assigned AUSAandexpress your consent in writing. A copy of the Orderis attached
`to the initial discovery email.
`
`iii.
`
`Photographs/Video Evidence
`
`In addition to crime scene photographs, the Government may also seek to introduce at
`surveillance video, jail calls and video visitations, diagrams or maps ofthe location of the crime
`scene andarrest location. The Government mayalso seek to introduce photographsof yourclient
`obtained from social media, probation offices, and/orarrests.
`
`6
`
`

`

`iv.
`
`Biological Material
`
`The United States has not conducted any DNAtestingat this time.
`
`It is possible that some of the evidencelisted above, or described on the police reports and
`other materials provided to you in discovery, may contain biological material that could be
`subjected to DNAtesting. Until that evidence is submitted for analysis it is not possible totell
`whether genetic material is present and whether any of it can be identified as belonging to the
`perpetrator or, under circumstances probative of the perpetrator’s identity, can be identified as
`belongingto the victim.
`
`You may havea pre-trial right to request independent DNAtesting on those items of
`evidence which may contain biological material as defined in D.C. Code Section 22-4131(2) under
`the following circumstances:
`
`a. where DNAtesting has resulted in the inclusion of the defendant as a source of the
`biological material or, under circumstances that are probative of the perpetrator’s
`identity, DNA testing has resulted in the inclusion of the victim as the source of the
`biological material, and there is sufficient biological material to conduct anothertest;
`and/or
`b. where the biological material has not been subjected to DNAtesting. Please be mindful
`that, underthe statute, the right to request an independenttest is triggered only when the
`material apparently derived from the perpetrator of a crime, or, under circumstancesthat
`may be probative of the perpetrator’s identity, apparently derived from the victim of a
`crime.
`
`Please see the discovery for the results of the DNAtesting in this case. Upon receipt,
`redaction, and review, the Government will provide the casefile for the DNAtesting in this case.
`
`If you are seeking independenttesting of items containing biological material, you should
`file a motion with the court requesting DNA testing. The motion should identify the specific
`evidence for which DNAtesting is requested and the biological material the DNA examinershould
`look for. If the court orders the testing, we will make arrangements for the evidence to be
`transmitted at your expenseto the laboratory specified by the court or the defense. The cost of any
`independent testing must be paid by you or the court. You should be aware that DNAtesting takes
`several weeksor longer and that yourclients’ trial may be delayed by the amountoftime necessary
`for the testing to be completed and reported to the parties. See D.C. Code Section 23-1322(h)(1)
`& (3).
`
`3.
`
`Inspection
`
`Upon request, you are entitled to inspect and copy or photograph certain books, papers,
`documents, photographs, tangible objects, buildings or places that are within the possession,
`custody or control of the government. See Super. Ct. Crim. R. 16(a)(1)(C). If you would like to
`view any of the evidence listed above or described on the attached police reports, please contact
`me and we can make arrangements for you, or your certified investigator, to inspect the evidence.
`These arrangements will include a condition that you not raise any objection to the admissibility
`7
`
`

`

`of such evidence at trial because of the break in the chain-of-custody occasioned by your
`inspection. Note that any material
`that is undergoing DNAtesting will be unavailable for
`inspection until after the testing is completed.
`
`Please be aware that the method by which youinspect the evidence mayaffect the ability
`to obtain DNA testing of any biological material that is recovered. Handling and viewing the
`evidence in an uncontrolled environment may lead to contamination of the evidence and render
`any DNAtesting unreliable.
`
`4.
`
`Reports of Examinations or Tests and Experts
`
`Separate expert notice will be provided at a later date pursuant to Rule 16.
`
`a. Other Crimes Evidence
`
`At trial, the government may introduce evidence that the defendant committed other,
`uncharged crimes, or seek to introduce evidence from the defendant’s prior convictions. That
`evidence, if sought to be introducedattrial, will be detailed in a separate Drew/Toliver/Johnson
`notice.
`
`If the Government learns of any other crimes evidencethat it intends to introduceattrial,
`we will notify you.
`
`b. Defendant’s Rule 16 Statements
`
`Atthis time, other than any statements contained in the police paperwork or on body- worn
`camera, the governmentis not aware of any discoverable statements made by yourclient to law
`enforcementofficers. If the government becomes aware of any such statements, I will notify you
`in writing of the content and circumstances in which they were made.
`
`If the Government learns of any other relevant statements your client made to law
`enforcement, we will notify you.
`
`c. Criminal Records of Defendant
`
`Please see the Pretrial Services Report for your client’s criminal record.
`
`d. Other Information
`
`The Governmentis aware of its continuing duty to disclose Brady or Giglio information
`should it become known. Lewis or PPMS information for the Government’s witnesses will be
`provided to youat or nearthe timeoftrial.
`
`e. Government’s Discovery Requests
`
`The Government hereby makes the following discovery requests:
`
`8
`
`

`

`notice of documents and tangible objects the defendant expects to
`°
`introduce pursuant to Super. Ct. Crim. R. 16(b);
`
`a Jencks request forall prior statements of any defense witness
`°
`(excluding the defendant) pursuant to Super. Ct. Crim. R. 26.2;
`
`a Lewis request (for which we request the name, date of birth, sex,
`°
`and social security number of each defense witness priorto trial); and
`
`a request for information pertaining to any expert orscientific
`°
`testimony or evidence pursuant to Rule 16(b)(1)(B) and (C).
`
`Pursuant to Super. Ct. Crim. R. 16(b)(2), we note our continuing request to receive any
`material pursuant to Rule 16(b) as the case proceeds.
`
`f. Cell Phone, Social Media, and Video Evidence
`
`Surveillance footage has been provided in this case.
`
`h.
`
`Alibi Demand
`
`The governmentis not making an alibi demand pursuant to Super. Ct. Crim. R. 12.1.
`
`Ill.
`
`DFS Disclosures
`
`To the extent that the D.C. Department of Forensic Sciences (DFS) played any role in
`this case, a discovery letter providing information related to DFS and the materials referenced
`therein have been uploaded to USAfx for your review.
`
`This information falls broadly into the following categories: (1) materials related to the
`government’s investigation of alleged misconduct by employees of DFS and the Metropolitan
`Police Department (MPD); (2) correspondencerelated to the government’s investigation and the
`government’s subsequent request that DFS participate in an outside audit process; (3) materials
`related to a review and audit of selected casework of the DFS Firearms Examination Unit (FEU)
`and overall quality assurance process;! (4) materials related to DC-OIG criminalinvestigation and
`related audit report; (5) Quality Corrective Action Reports (Q-CARs) generated by DFS, provided
`to the government; (6) an ongoing internal DFS investigation of 10 members of the Crime Scene
`Sciences Division, and (7) materials related to a DFS case review and audit of selected casework
`of the DFS Latent Fingerprints Unit (LFU).
`The discovery letter and the materials themselves are available for download from
`USAFxat “DFS Disclosures.” To access the USAFx folder, please navigate to the following link
`(preferably using a Chrome browser): https://usafx.app.box.com/folder/122689159983.
`
`Please note that the folders on USAFx are organized by topic and a copy ofthe index is
`available on USAFx. If the government comesinto possession of additional materials related to
`
`9
`
`

`

`DFS after the date of this letter, the government may makethose materials accessible to you by
`uploading the materials to USAFx and adding them to the index available on USAFx. The index
`reflects the date that the materials were uploaded to USAFx.
`
`If you require assistance accessing the materials, please contact the assigned Assistant
`United States Attorney.
`
`IV.
`
`Contact Information
`
`If you have any questions about the information provided above, you may contact me by
`telephone or email:
`
`Katrenia Shelly
`U.S. Attorney’s Office for the District of Columbia
`601 D Street, N.W.
`Washington, D.C. 20530
`Office #: (202) 445-8340
`E-mail: Katrenia.Shelly@usdoj.gov
`
`Sincerely,
`
`Matthew M. Graves
`United States Attorney
`
`By: 4/Katrenia Shelly
`Katrenia Shelly
`
`! As of March 22, 2021, this Omnibus DFS Disclosure Letter has been updated to include the materials related to the
`DC-OIG criminal investigation and related audit report. The accompanying source materials were added to the DFS
`Disclosures folder on USAfx on March 22, 2021. On April 2, 2021, additional source materials were added. On
`April 4, 2021, a document was added showing that on April 2, 2021, the ANSI National Accreditation Board
`suspended DFS’s certificate of accreditation.
`
`Assistant United States Attorney
`cc: Superior Court Case File (without attachments)
`
`1C
`
`