Judge Deals with Conflict of Interest, Suppression of Evidence in Armored Car Case

By Maggie Rhoads
– June 28, 2024
Car theft | Daily Stories | Suspects | Victims |

On June 27, District of Columbia Superior Court Judge Lynn Leibovitz addressed possible attorney conflicts of interest and motions to suppress evidence in the trial of an armed car theft defendant, which is scheduled to begin next week.

James Borum, 21, is charged with two counts of armed carjacking for his alleged involvement in two incidents that occurred at 1500 30th Street NW and 4700 Alton Place NW on January 11 and 12, 2021 .

During the hearing, Judge Leibovitz questioned Borum’s defense attorney, Quiana Harris, about a possible conflict of interest on her part.

Harris is employed by the District of Columbia Public Defender Service (PDS). Before Borum had Harris as his defense attorney, he had another defense attorney from PDS. Judge Leibovitz said that likely means Harris may be acting in the interests of PDS, which could prevent Borum from getting a fair trial.

She explained that Harris may be trying to cover up her colleague’s “mistakes.”

Harris said Borum could sign what amounted to an ineffective legal aid waiver, meaning he would deem Harris not to be working on behalf of PDS. By signing the waiver, Harris could not appeal, citing a lack of due process.

Judge Leibovitz appointed attorney Lisbeth Sapirstein as independent counsel to investigate why attorney Borum had a potential conflict of interest with the goals of PDS and what signing an ineffectiveness waiver meant.

However, after discussion, Borum signed a waiver of effectiveness.

During the second half of the trial, Harris filed a motion to suppress evidence relating to Borum’s statements at the scene and at the hospital.

Meanwhile, prosecutors called two Metropolitan Police Department (MPD) officers to testify about their response to the incident, using mostly body cameras, which included Forum’s comments about the location of his private phone and comments about possible suspects.

Court documents show that on the night of the incident, Borum and two other suspects stole two cars. The first was a black Audi at 1500 30th Street NW and a blue Toyota at 4700 Alton Place NW. Borum also allegedly stole phones, bank cards and other valuable items from the victims.

The suspects allegedly drove the Audi into Maryland and crashed the car, causing it to flip upside down.

Borum was allegedly spotted fleeing the scene on foot and was detained by police. He was taken back to a D.C. hospital.

There, according to witness testimony, medical personnel found one of the victim’s phones, debit and credit cards, and other valuables in Borum’s pants pockets, which were later replaced with MPD.

Harris is asking that Borum’s statements regarding the location of his personal phone and other potential suspects be withheld.

The phone found on Boruma allegedly belonged to a car theft victim, hospital staff later discovered.

Harris argued that the statements should have been suppressed because MPD and medical personnel interviewed Borum in custody or in custody without a Miranda warning, advising that any of his statements could later be held against him.

Prosecutors said MPD officers acted within their rights when Borum asked him about the phone without any instructions, and they only asked him about the juvenile suspect because they were trapped in the car.

Judge Leibovitz ruled that the statement about the phone could not be suppressed because Borum openly asked for the location of his phone without asking MPD.

As for MPD questioning him about the whereabouts of another suspect, known as criminalization, without providing him with Miranda warnings, the statement was suppressed.

The parties are scheduled to meet again on June 28 to discuss the prosecutor’s settlement proposal. They expect jury selection to begin July 1.

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