A Philadelphia judge has denied a defense request to dismiss all charges against Matthew J. White, who allegedly murdered a trans woman’s boyfriend last year. The request was made Aug. 3 by defense attorney Eileen J. Hurley due to alleged evidence mishandling by the prosecution.
Philadelphia Common Pleas Judge Barbara A. McDermott issued her ruling from the bench Aug. 22 during a brief court proceeding. The judge didn’t elaborate on her reasoning for denying the request.
A jury trial for White has been scheduled for Sept. 17 at the Criminal Justice Center, 1315 Filbert Street in Center City.
White is accused of murdering Barry Jones in the city’s Carroll Park section on Jan. 9, 2017. Jones was the boyfriend of Vivian Royster, a trans woman who’s expected to testify at his trial. A day before Jones’ murder, White allegedly burglarized the nearby residence of three trans women.
According to court records, White was arrested by Philadelphia police on Jan. 15, 2017, after one of the trans women who was burglarized spotted his photo on Facebook. A total of five witnesses subsequently identified White as the person who either burglarized the trans women or killed Jones.
White’s murder trial originally was scheduled to begin Aug 1. However, the trial was halted after the prosecution turned over evidence to Hurley shortly after 15 jurors (including three alternates) were selected.
The evidence at issue includes a photo lineup shown to the three burglary victims and a notebook kept by a homicide detective. Hurley contends the evidence shows that multiple witnesses identified a tattoo under the left eye of the offender. Jones doesn’t have a tattoo or noticeable mark under his left eye.
In an Aug. 2 court filing, Assistant District Attorney Danielle M. Burkavage asserted that she provided all evidence in the case to the defense as soon as she received it from police. “The commonwealth respectfully requests this court deny the defense’s motion to dismiss,” Burkavage wrote.
Burkavage is no longer prosecuting the case because Hurley intends to call her as a witness in White’s upcoming trial. Burkavage has been replaced by Assistant District Attorney Chesley A. Lightsey.
Hurley told PGN she’s also plans to call as witnesses homicide detectives William Kelhower Jr. and Joseph Murray, who allegedly mishandled evidence in the case.
Meanwhile, White remains incarcerated at the Curran-Fromhold Correctional Facility in Northeast Philadelphia. Hurley said her client continues to maintain his innocence.
White, 34, is accused of murder, aggravated assault, burglary, reckless endangerment, possessing an instrument of crime and related offenses. He faces life imprisonment if convicted of all charges.