A D.C. Superior Court jury has hit a wall in the trial of Michael Wells, the man accused in the Thanksgiving Day 2005 killing of 23-year-old Makia Mosby. After days of deliberations, jurors told the judge they simply could not reach a unanimous verdict, even after being instructed about evidence the defense says was lost or never preserved. Wells’ lawyers argued that missing crime-scene photographs and 911 recordings so undercut his ability to defend himself that any verdict would be suspect. With the mistrial now on the books, prosecutors are left deciding whether to press ahead with a case that has been hanging over the city for more than two decades.
Jury Deadlocked Over Missing Photos and 911 Tapes
According to NBC4 Washington, defense filings told the court that “more than 100+ photos” listed in early investigation reports are now missing and that 911 recordings tied to the scene “were never preserved.” Before deliberations began in late June, the judge instructed jurors about those holes in the record, and the panel later informed the court it was at an impasse. Retired MPD cold-case detective Jim Trainum told NBC4 that the Millicent Allewelt law was specifically intended to prevent this kind of problem by requiring homicide materials to be kept long term.
Indictment And Arrest Came Last Year
As detailed by the U.S. Attorney’s Office, Wells was indicted after a lengthy investigation and arrested in December 2024. The indictment charges him with premeditated first-degree murder while armed, second-degree murder while armed, arson and tampering with physical evidence. Prosecutors allege Wells shot Makia Mosby on Nov. 24, 2005, then set her body on fire, and the filing spells out the counts they would have to prove if they bring the case back to trial. The December press release from the U.S. Attorney’s Office also notes the potential sentencing range attached to each of the charged offenses.
What The Millicent Allewelt Law Requires
The Millicent Allewelt Amendment Act of 2004, as reflected in the D.C. Council’s enrolled act, requires law-enforcement agencies to retain case jackets, crime-scene files and evidence from open homicide investigations for 65 years. Department paperwork and a formal MPD retention order show that the department did not issue its general records retention schedule until 2006, a timing gap that critics say left older homicide files vulnerable to loss. That discrepancy is central to the defense claim that long-term preservation failures have seriously harmed Wells’ ability to mount an effective defense.
Courtroom Fight Over DNA, Footprints And A Lost Folder
Inside the courtroom, jurors were walked through physical evidence collected from the scene, including a beer can, a Victoria’s Secret bag, fingernail clippings and cartridge casings, even as defense lawyers pressed that an evidence folder cannot be located. Trial reporting recounts a crime-scene technician describing roughly 22 photographs he took, while the defense maintains that investigative records list far more images that are now missing and that some related 911 material was never kept. Those alleged gaps, along with sharply different accounts about DNA and latent print findings, were at the center of the jury’s struggle to weigh the testimony.
What Comes Next For The Case
With the jury hung, prosecutors can ask to retry the case, the judge could dismiss some or all counts, or both sides could first seek additional pretrial rulings on what evidence is admissible in light of the preservation problems. The Metropolitan Police Department and the U.S. Attorney’s Office declined to comment to NBC4 Washington, and defense counsel did not return requests for comment, according to that reporting. For now, the indictment remains in place, and as outlined by the U.S. Attorney’s Office, the charges carry potential decades-long prison terms if a future jury returns a conviction.
