Judge criticizes federal prosecutors for relying on testimony by officer with credibility concerns
WASHINGTON (AP) — A federal judge ruled Thursday that police in the nation’s capital illegally seized a gun from a man they stopped outside a laundromat, blasting the officers’ accounts as unreliable and harshly criticizing Justice Department prosecutors for relying on the testimony of an officer killed by police. discredited by other judges.
The decision comes at a time when policing in Washington, D.C., is under an extraordinary spotlight, as the city grapples with growing public scrutiny of officer misconduct and as the Trump administration directed increased federal law enforcement resources to the area earlier this year.
U.S. District Judge Ana Reyes’ ruling goes beyond the details of the May arrest. He scolded prosecutors for putting on the stand an officer whose credibility has been questioned by at least two judges. This case raises new questions about how federal officials vet the officers they trust; especially as Washington has become a test case for national debates on crime, enforcement and public trust.
Reyes said he was “extremely disappointed” that prosecutors in U.S. Attorney Jeanine Pirro’s office decided to take the testimony of Metropolitan Police Department Investigator Harvy Hinostroza during the preliminary hearing in Davis’ case. Reyes said courts cannot tolerate police officers testifying under false oath.
“This also undermines the public’s trust in our justice system,” Reyes said.
Reyes barred prosecutors from using the seized gun as evidence against Deandre Davis, who was arrested on firearms charges after officers approached him outside a Washington, D.C., laundromat on May 19. The judge said he will file a defense motion to dismiss the charges against Davis if U.S. Attorney Jeanine Pirro’s office does not drop the case within the next 30 days.
Reyes said during a preliminary hearing in Davis’ case that he did not believe key parts of Hinostroza’s testimony.
“He has been dishonest on important matters in the past,” the judge added.
A spokesman for Pirro’s office did not immediately respond to an email seeking comment on the judge’s remarks. A police department spokesman declined to comment. There was no immediate response to a message sent to the union representing MPD officers.
Judges in D.C. Superior Court had invalidated Hinostroza’s testimony in two previous cases that he smelled marijuana before the arrest, according to defense attorney Eugene Ohm. Hinostroza said he was not disciplined for his 2017 statement, but remains under Internal Affairs investigation for his 2024 statement. Ohm said.
In the case before Reyes, Hinostroza testified that he saw Davis standing with two other men handing out marijuana cigarettes.
Ohm, the assistant federal public defender, said the surveillance video contradicted key details of the officers’ statements about why they approached the men.
“(Officers) claimed they saw this information from about a pool length away. Respectfully, no one’s eyes are that good,” Ohm wrote.
Hinistroza also testified that he could tell Davis was smoking marijuana based on the smoke emitted by the cigarette.
“This is ridiculous and contrary to common sense,” Ohm wrote. “Inspector Hinistroza did not preclude any credible testimony as to how this new ability to visually identify different types of smoke, a first for defense counsel, was developed.”
