2nd trial of Darrell Ewing, Derrico Searcy begins Monday, March 25, 8 am, Frank Murphy Hall, Gratiot at St. Aubin, Judge Kiefer Cox courtroom #602
Public encouraged to attend
Ewing to be represented by attys. Christopher Sinclair & Adam G. Clements due to Cox’s trial restrictions; Searcy by attys. Blase Kearney & Glen Oh
Defense has moved to dismiss all charges. In limine motions will be addressed prior to jury selection March 25.
Cox will also address defense requests regarding jury voir dire, witnesses
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Darrell Ewing (l) and Derrico Searcy (r) during earlier pre-trial hearing.
By Diane Bukowski
March 23, 2024
DETROIT–During a pre-trial hearing March 19, Darrell Ewing invoked his right to counsel at his and co-defendant Derrico Searcy’s retrial, set to begin Monday, March 25 at 8:30 a.m.
Third Circuit Wayne County Judge Kiefer Cox had ordered crippling restrictions on the trial conduct, rights and privileges of defense and prosecution representatives, calling them his “rules of the road.”
“Due to the rulings that you [Cox] put in, I’m going to let my stand-by counsels be my voice at trial,” Ewing told Cox. “I’ll let these guys do what they do, so we can have a good trial, without any disruption or security risks. The trial has to be done in a proper and orderly fashion.”
He alleged that Cox’s restrictions targeted him as a pro se defendant, deriving from “security matters” about his approaching and impeaching witnesses, and other matters.
Attys. Christopher Sinclair and Adam G. Clements will now represent Ewing at trial March 25. They appeared in court March 19.
Also appearing to monitor proceedings were Searcy’s attorneys Blase Kearney and Glen Oh of Neighborhood Defense Services Detroit. They consulted with Ewing’s attorneys during breaks in the proceedings.
Ewing and Searcy are being re-tried for the Dec. 2004 murder of J.B. Watson on Detroit’s east side and other charges, after multiple state and federal courts overturned their convictions.
On March 19, Cox said the restrictions applied to both sides, but appeared to focus primarily on Ewing.
“With respect to any sort of disruptions in the court—previously there was floated information that there may be a disruption or there was a disruption in the past trial,” Cox said. “One warning outside the presence of the jury will be given. . . after that, the defendant will have the remainder of trial [outside courtroom], be provided with a laptop, and [stand-by] counsel will be provided with opportunity to step into the back to consult with defendant.”
Ewing’s stand-by Counsel Sinclair earlier countered Cox’s claim about disruptions during a previous pre-trial hearing, noting that he had not witnessed any such problems. That involved murmurs from the audience, not any act by Ewing.
Judge Kiefer Cox at hearing March 19, 2024.
Cox ordered restrictions severely limiting witness selection and approach by the parties, confining attorneys to the podium for opening and closing statements and examination of witnesses.
“Just know that I’m going to need an offer of proof for any individual you want to call, if there was no involvement with facts and circumstances of the 2009 incident,” Cox said. “I can’t imagine they have anything relevant to say.”
Ewing has filed numerous motions citing violations of Brady v. Maryland (failure to disclose evidence favorable to the defense) before, during, and since his trial in 2010. Kearney, on behalf of Searcy, joined in many of those motions. They cite many post-trial occurrences, including a Mirandized confession to the murder of J.B. Watkins by Tyree Washington, given to a state trooper in 2017.
Defense attorney cross-examines witness at trial.
Cox said March 19 that he will address “in limine” motions from both sides before jury selection March 25.
Cox ruled that defense and prosecution representatives will be confined to the podium during their opening and closing statements, and during examination of witnesses. He said the Wayne Co. Sheriff’s deputy assigned to his court would give witnesses any documents needed during testimony.
He barred attorneys from conducting voir dire of prospective jurors, which he intends to do, including any issues submitted by attorneys.
Atty. Clements countered, “I have done voir dire during three trials held before you with no problem.” Atty. Sinclair obtained an assurance from Judge Cox that he will address the matter again before jury selection.
During the hearing, Ewing clarified to the Court that there were two separate files on the case kept during and after the 2010 trial, one by the state, and one by the federal government, which was dealing with a separate case involving witnesses in the state case. Ewing said his defense had to go through a “Touhy” hearing with the U.S. to get various pieces of evidence in their possession.
Toward the hearing’s conclusion, Cox said, “I’m not satisfied with the responses I’m getting from the people. I would like the people to follow up specifically with not only the OIC (DPD Officer in Charge Lisa Johnson), but the federal contact they’ve been using . . .I’m asking the people to present an order in consultation with the stand-by counsel, for the court to sign today to the extent that there’s any documentation in the federal (file).” He said he will possibly hold an evidentiary hearing on the matter March 25.
He highlighted issues of concern to him including, alleged statements by Tyree Washington and William Beal on the J.B. Watson murder; recording of trial OIC DPD officer Theophilus Williams allegedly telling Ewing that he knew he wasn’t guilty, but that he would charge him with the murder anyway if he didn’t identify the real killer; and other recordings by Williams; the recording of a conversation between Beal and Ewing’s mother LaSonya Dodson.
Tyree Washington has confessed in multiple venues, including to a Michigan State Trooper which was videotaped, a video by private investigator Scott Lewis, and affidavits. He is currently serving a federal sentence at the Oklahoma City FTC, with a release date in 2068.
Previously in this case, Wayne Co. Criminal Court Chief Judge Pro Tem Donald Knapp denied Darrell Ewing’s motion to disqualify Judge Kiefer Cox due to his employment in the Wayne County Prosecutor’s Office for four years directly prior to his assuming the bench, and other matters.
Judge Kiefer Cox previously denied motions filed by Searcy’s defense attorneys objecting to the presentation of original trial witnesses including Raymond and Jendayi Love, and others related to the testimony of expert witnesses, after three days of “Daubert” hearings.
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