Lawyers for Sean Urbanski, who is charged with first-degree murder and a hate crime in the 2017 death of U.S. Army Lt. Richard Collins III, have asked the judge to disallow testimony from an authority on white supremacy in next month鈥檚 trial.
And, for the first time, Urbanski鈥檚 attorneys lawyers have said he has never been a member of the Alt-Reich white nationalism group, despite the prosecution鈥檚 allegation he was a member of the 鈥淎lt-Reich: Nation鈥� Facebook group.
Collins, a Bowie State University student, had been visiting friends at the University of Maryland鈥檚 College Park campus when he was fatally stabbed May 20, 2017. His death came just days before his graduation, and two days after he was commissioned as a U.S. Army second lieutenant.
In a motion filed Nov. 13, defense attorneys William Brennan and John McKenna argue Prince George鈥檚 County prosecutors waited until 30 days before Urbanski鈥檚 Dec. 9 trial to disclose they intend to call Jessie Daniels as an expert witness 鈥渢o testify about the Alt-Reich, its history, origins, ideology and members.鈥�
Daniels, a professor at The City University of New York, 鈥渉as spent the last 25 years calling attention to white supremacy,鈥� according to her biography. She is currently working on a book, 鈥淭weetstorm: The Rise of the 鈥楢lt-Right鈥� and the Mainstreaming of White Nationalism.鈥�
In its first reason for opposing Daniels鈥� testimony, the defense said the motion to include expert testimony was inexcusably late, in a trial that has already been postponed four times.
鈥漈he State has no justifiable reason for withholding this notice of intention to present expert testimony for more than two years,鈥� the defense wrote, adding it would be unable to properly prepare a defense or seek its own expert witness to rebut Daniels.
In addition to being untimely, the defense said, prosecutors Jason Abbott and Jonathon Church failed to provide any of Daniels鈥� findings, opinions and conclusions, leaving the defense unable to prepare for her testimony.
Brennan and McKenna argue it is up to Circuit Court Judge Lawrence Hill Jr. whether to allow Daniels to testify as an expert, since, according to prior rulings, expert testimony 鈥渋s admissible only if it is relevant in the particular case.鈥�
In June, Hill ruled jurors will be able to see and hear racist memes found on Urbanski鈥檚 phone minutes after he allegedly stabbed Collins.
鈥淭he defendant has never been a member of the Alt-Reich. Nevertheless, the State plans to introduce evidence the defendant was a member of a Facebook chat group called the 鈥楢lt-Reich: Nation鈥� which is not and has never been part of the 鈥楢lt-Reich鈥� political group/movement,鈥� the defense attorneys wrote.
Brennan and McKenna said allowing Daniels to testify 鈥渨ould do nothing but confuse the jury and incorrectly suggest鈥� the Facebook group was part of the white nationalist group.
鈥漈he State鈥檚 proposed expert testimony does little more than dress up a lay, albeit highly qualified, witness as a so-called 鈥榚xpert鈥� in order to call the Defendant a racist,鈥� according to his lawyers.
It鈥檚 unclear when or whether Hill will entertain argument on the defense motion to exclude Daniels鈥� testimony.
If convicted, Urbanski could face up to life in prison with no chance of parole for first-degree murder and 20 years for the state hate crime resulting in death charge.
