Case involving felony charges of distribution of a controlled dangerous substance is dismissed
Clients Prather, Rudolph
Jones Day Washington lawyers won a dismissal of all counts in their pro bono representation of Rudolph Prather in State of Maryland v. Rudolph Prather, a case in the Montgomery County Circuit Court that involved felony charges of distribution of a controlled dangerous substance. At a hearing to suppress an out-of-court identification, Doug Pearson examined the Government's main police witness and presented oral argument that Mr. Prather had been misidentified as a result of the police officers' impermissibly suggestive out-of-court identification procedures. The motion to suppress the out-of-court identification was denied. The Government's main civilian witness was unavailable for that suppression hearing, but subsequently identified a different individual other than Mr. Prather as the alleged drug seller in an interview with the Defense's private investigator. The Defense appeared on June 22, 2009, for a two-day jury trial, at which point the government moved for a postponement due to unavailability of witnesses. The Defense opposed that motion and, following oral argument, the Court denied the motion to postpone and directed the parties to select a jury and make opening statements. The Government could not go forward without its two main witnesses and was constrained to enter a nolle prosequi. The Court dismissed the case against Mr. Prather.