UPDATE: Witness May Testify Victim's Blood Found On Glove, Judge Rules

Update, 6 p.m.: An expert witness will be allowed to testify in next week’s Suburban Hospital homicide trial that victim Roosevelt Brockington’s blood was present on a glove found at the crime scene, Montgomery County Circuit Court juge Marielsa A. Bernard ruled during a Friday motions hearing. The ruling was a victory for the prosecution, who today called that evidence “critical” to their case.

Also at the hearing, a prosecutor said he plans to ask the judge to take the jury to during the trial.

Keith D. Little of Lanham is a hospital maintenance engineer, who was found stabbed over 70 times in the hospital’s basement broiler room Jan. 1.

At the hearing, public defender Ronald Gottlieb took issue with a forensic test that revealed blood was discovered on a small portion of the glove’s wrist, which prosecutors say Little wore as he killed Brockington and later attempted to clean in chemicals to cover up the crime. Gottlieb argued the test conducted by the state’s expert witness, Erin Farr, should have been ruled inconclusive rather than positive for blood, and therefore shouldn’t be presented to the jury.

“Any time an expert sits on the stand, they carry the weight of the credentials they testify with,” Gottlieb said. “The court acts as a gatekeepers to say, ‘Is it reliable to even go in front of the jury?’”

Prosecutor Robert Hill said the motion was filed at the “last minute” and argued that lab experts used established procedures to test the glove. Farr, he said, “has probably been accepted [as an expert witness] by every judge in this courthouse.”

“The issue in this case is that these are the gloves used to murder Mr. Brockington…the defendant was trying to wash the blood off to hide his crime,” said Hill. “…It’s highly probative and really the crux of our case.”

Bernard’s ruling followed testimony by Jennifer Gombos Breaux, technical leader of Montgomery County Police’s forensic biology section, who explained the process for testing blood to the court.

At the hearing, Hill informed Bernard of his intention to ask her to take the jury to Suburban, but attorneys quickly approached the bench to discuss the request in private. Hill wouldn’t comment further on the request following the hearing.

Also Friday, Gottlieb also sought to bar Farr from discussing tests conducted on items at the crime scene – including a mask and a handgun – that revealed DNA profiles that “neither included nor excluded” Little’s DNA.

Bernard also denied the motion.

Gottlieb argued the inconclusive findings wouldn’t advance the case. “It will lead the jury to form an opinion that he is included, even though they can’t say it,” Gottlieb said.

Hill sought to prove the tests were indicative of a thorough investigation. “It’s probative mainly to show this was a complete investigation done by the lab; we’re not inferring, ‘Wink, wink,’ or anything else.”

Also Friday, the prosecution agreed not to introduce evidence regarding Little’s or portions of his statements that could be considered hearsay. They also agreed not to make any references to an inmate to whom Little had allegedly confessed the crime. The inmate is not expected to testify.

The trial is expected to begin Monday with jury selection from a pool of 75-100 jurors. Patch will be reporting live from the Rockville courthouse.

Original Post: A motions hearing is set for Friday afternoon in the case of a maintenance worker New Year’s Day, and his eight-day jury trial is expected to begin on Monday.

Keith D. Little of Lanham is charged in the killing of Roosevelt Brockington, Jr., a hospital maintenance engineer, who was found stabbed over 70 times in the hospital’s basement broiler room Jan. 1. Prosecutors have said that Brockington’s recent performance review would have denied Little a raise, a possible motive for the murder.

During Friday’s motions hearing, the defense is seeking to bar from trial expert testimony regarding DNA found on a mask and a handgun at the hospital, calling it “neither reliable nor relevant.” The defense also wants to bar expert opinions regarding serology testing, which examines blood and bodily fluids, on a glove found in a trashcan at the hospital.

In addition, the defense is expected to seek to bar any references during testimony to Little’s previous murder acquittal. In 2006, Little was

“There is no nexus between that event and the defendant other than speculation,” wrote public defender Ronald Gottlieb in court documents. “Evidence of other crimes is inherently prejudicial because of its tendency to show that the defendant is predisposed to continue criminal behavior.”

In the same motion, the defense asks the judge to bar any reference to testimony by “the ‘jailhouse snitch’ previously listed by the state as a witness” in the case.”

According to the defense motion, the state no longer intends to call the witness, however. The Gazette reported Oct. 22 that prosecutors alleged Little admitted killing his boss to another inmate while incarcerated.

The defense is also seeking to censor portions of statements Little made to police that could be considered hearsay.

A judge in the case ruled Nov. 22 the state won’t be able to introduce some statements Little made to police because Little wasn’t advised of his rights before speaking, and he was in police custody as he spoke.

The motions hearing is set for 2p.m. Stay tuned to Patch for updates.