Judge dismisses murder accused’s fourth motion to change lawyer

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District of Columbia Superior Court Judge Maribeth Raffinan denied a murder defendant’s fourth request for a new defense attorney, saying he has a right to have counsel, but not necessarily one of his own choosing, at a July 2 hearing.

Sherman Holley, 46, is charged with first-degree murder, unlicensed possession of a firearm, arson, destruction of property, resisting arrest and assault on a police officer for his role in the fatal stabbing of James Brooks Jr., 53, on Jan. 15, 2023, in the 200 block of 37th Street, SE.

According to court documents, the stabbing occurred after Holley and Brooks were talking. Surveillance footage shows the individual approaching and “lunging” at Brooks, who was then stabbed in the chest, arm and back.

In a motion filed by Holley on June 24, he asked Judge Raffinan to remove Megan Allburn as his attorney, arguing that her actions violated his right to a speedy trial.

“I am denied due process and equal protection of the laws under the Fifth and Fourteenth Amendments to the Constitution of the United States,” Holley wrote in his motion, arguing that Allburn did not effectively represent him.

The prosecution opposed the motion on the grounds that it would have resulted in the appointment of a fourth defense attorney in the case, causing further delays.

Holley shared his frustration with Judge Raffinan, stating that from the very beginning he had been waiting for the prosecution to present its evidence.

“I have a right to a speedy trial. I’ve been here 19 months,” Holley said.

Judge Raffinan found Allburn competent and experienced to fairly represent Holley.

She found Holley’s motion was flawed because the issue was not his attorney’s ability to represent him fairly, but rather a scheduling issue that was beyond her control.

Judge Raffinan denied Holley’s request for new counsel and upheld the same trial date of February 17, 2026.

The parties are scheduled to appear in court again on October 4.

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