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Judge criticizes federal prosecutors for relying on testimony by officer with credibility concerns

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Judge criticizes federal prosecutors for relying on testimony by officer with credibility concerns
News

News

Judge criticizes federal prosecutors for relying on testimony by officer with credibility concerns

2025-11-21 09:34 Last Updated At:09:40

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’ account as unreliable and sharply criticizing Justice Department prosecutors for relying on testimony from an officer who has been discredited by other judges.

The ruling comes at a moment when policing in Washington, D.C., is under an extraordinary spotlight, with the city grappling with rising public scrutiny of officer misconduct and the Trump administration directing a surge of federal law enforcement resources into the district earlier this year.

U.S. District Judge Ana Reyes’ decision goes beyond the particulars of the May arrest. She chided prosecutors for putting on the stand an officer whose credibility has been questioned by at least two other judges. The case raises fresh questions about how federal authorities vet the officers they rely on — especially as Washington has become a test case for national debates over crime, enforcement and public trust.

Reyes said she is “extremely disappointed” that prosecutors from U.S. Attorney Jeanine Pirro's office decided to elicit testimony from Metropolitan Police Department Investigator Harvy Hinostroza during a pretrial hearing for its case against Deandre Davis. Reyes said the courts can't tolerate police officers falsely testifying under oath.

“It also undermines the public's confidence in our system of justice,” Reyes said.

Reyes barred prosecutors from using the seized gun as evidence against Davis, who was arrested on firearms charges after officers approached him outside a laundromat in Washington, D.C., on May 19. The judge said she would entertain a defense motion to dismiss the charges against Davis if Pirro's office doesn't drop the case in the next 30 days.

Reyes said she didn’t believe key portions of Hinostroza’s testimony during a pretrial hearing for Davis’ case.

“He has been dishonest about major issues in the past,” the judge added.

Pirro said in a statement that “it is offensive that this judge finds a credibility problem with a police officer when the crime is on videotape exactly as described by two officers.”

A spokesperson for the police department declined to comment. A message sent to the union that represents MPD officers wasn't immediately returned.

In two previous cases, judges in D.C. Superior Court discredited Hinostroza’s testimony about smelling marijuana before making arrests, according to defense attorney Eugene Ohm. Hinostroza said he wasn’t disciplined for his 2017 testimony but remained under an Internal Affairs investigation for his 2024 testimony, Ohm said.

In the case before Reyes, Hinostroza testified that he saw Davis standing with two other men and passing around a marijuana cigarette.

Ohm, an assistant federal public defender, said surveillance camera video contradicts key details of the officers' testimony about their reasons for approaching the men.

“The (officers) purported to see this information from approximately 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 laughable and defies common sense,” Ohm wrote. “Investigator Hinistroza did not prevent any credible testimony about how had developed this novel ability to identify different types of smoke by sight, which is a first for defense counsel.”

Pirro, in response to the judge’s remarks, said “it is incredibly dangerous that (Reyes) suggests a convicted felon could reasonably think he has a right to illegally possess a gun in D.C.”

At the close of Thurday’s hearing, Reyes warned Davis that he shouldn’t “lose sight of the fact that you were breaking the law.”

“I urge you to think long and carefully what you want to do with this second chance,” the judge said. “You’re not going to get this lucky again.”

U.S. Attorney Jeanine Pirro announces a Scam Center Strike Force to go after crypto investment fraudsters who are targeting Americans to the tune of 10 billion a year, Wednesday, Nov. 12, 2025, in Washington. (AP Photo/Cliff Owen)

U.S. Attorney Jeanine Pirro announces a Scam Center Strike Force to go after crypto investment fraudsters who are targeting Americans to the tune of 10 billion a year, Wednesday, Nov. 12, 2025, in Washington. (AP Photo/Cliff Owen)

COVINGTON, Ky. (AP) — The last ghoulish gargoyle has been returned to its perch as part of a two-year restoration of a Kentucky cathedral with a facade modeled after Notre Dame in Paris.

The rehab project at the Cathedral Basilica of the Assumption was sorely needed to repair deteriorated stone, metal and glass that adorns the limestone exterior. The project included 32 recreated gargoyles along with repairs of deteriorated finials, arches and balustrades.

The 125-year-old church, in Covington just across the Ohio River from Cincinnati, offers the experience of a European gothic cathedral in the Midwest, said the Very Rev. Ryan Maher, the cathedral’s rector. The cathedral has an “intimate connection to what is really the most popular and most well-known cathedral outside of Rome itself,” he said.

“I think it's very special and very unique,” said Maher, who watched from the sidewalk as the last gargoyle, made of terra cotta, was raised to top of the facade on Monday.

The renovation price tag was nearly $8 million, and most came from donations, Maher said.

Brian Walter, CEO of Trisco Systems, the contractor, said the final gargoyle going in was “a symbol of the accomplishment of all our facade work.”

“That’s a big, monumental occasion for not only people here, but for us. That kind of symbolized the last stone we’re putting in,” Walter said.

Restoration plans grew out of Maher's discovery in 2018 of a large piece of stone that fell from the exterior.

“We realized at that time that we needed to investigate not only the source of that one piece of stone that had fallen, but to take a look at the overall facade of the cathedral,” Maher said.

Workers will continue with smaller tasks around the facade, including the installation of chimeras that sit on the roofline, but the heavy lifting has been completed, Walter said.

“This is kind of a once or twice in a lifetime project,” Walter said.

The story has been updated to correct that the gargoyles are made of terra cotta, not stone.

Workers are seen beyond an orange cherry picker high on the Cathedral Basilica of the Assumption, known as "America's Notre Dame," as the final new terra cotta gargoyle is secured with straps to the left, in Covington, Ky., on Tuesday, March 31, 2026. (AP Photo/Carolyn Kaster)

Workers are seen beyond an orange cherry picker high on the Cathedral Basilica of the Assumption, known as "America's Notre Dame," as the final new terra cotta gargoyle is secured with straps to the left, in Covington, Ky., on Tuesday, March 31, 2026. (AP Photo/Carolyn Kaster)

The final new terra cotta gargoyle is installed by Cole Burklund, top, and Blake Priest using a cherry picker high on the Cathedral Basilica of the Assumption, known as "America's Notre Dame," in Covington, Ky., on Monday, March 30, 2026. (AP Photo/Carolyn Kaster)

The final new terra cotta gargoyle is installed by Cole Burklund, top, and Blake Priest using a cherry picker high on the Cathedral Basilica of the Assumption, known as "America's Notre Dame," in Covington, Ky., on Monday, March 30, 2026. (AP Photo/Carolyn Kaster)

The final new terra cotta gargoyle is secured at right after being installed high on the Cathedral Basilica of the Assumption, known as "America's Notre Dame," in Covington, Ky., on Monday, March 30, 2026. (AP Photo/Carolyn Kaster)

The final new terra cotta gargoyle is secured at right after being installed high on the Cathedral Basilica of the Assumption, known as "America's Notre Dame," in Covington, Ky., on Monday, March 30, 2026. (AP Photo/Carolyn Kaster)

The final new terra cotta gargoyle is installed by Cole Burklund, in the bright yellow, and Blake Priest using a cherry picker high on the Cathedral Basilica of the Assumption, known as "America's Notre Dame," in Covington, Ky., on Monday, March 30, 2026. (AP Photo/Carolyn Kaster)

The final new terra cotta gargoyle is installed by Cole Burklund, in the bright yellow, and Blake Priest using a cherry picker high on the Cathedral Basilica of the Assumption, known as "America's Notre Dame," in Covington, Ky., on Monday, March 30, 2026. (AP Photo/Carolyn Kaster)

The final new terra cotta gargoyle is prepared for installation high on the Cathedral Basilica of the Assumption, known as "America's Notre Dame," in Covington, Ky., on Monday, March 30, 2026. (AP Photo/Carolyn Kaster)

The final new terra cotta gargoyle is prepared for installation high on the Cathedral Basilica of the Assumption, known as "America's Notre Dame," in Covington, Ky., on Monday, March 30, 2026. (AP Photo/Carolyn Kaster)

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