A federal judge in Washington, D.C., has turned down a request by prosecutors to take a pre-trial deposition of a key DNA witness before she leaves the country.
U.S. District Judge Loren L. AliKhan denied the government’s motion without prejudice in the prosecution of John Raymond Conner, III. Conner faces an 18-count superseding indictment in the District of Columbia that includes charges of first-degree sexual abuse while armed, kidnapping while armed, assault with a dangerous weapon, blackmail, and sex offender registration violations.
The government had sought permission under Federal Rule of Criminal Procedure 15 to preserve the testimony of Oluwakemi Sowemimo, a Bode Technology lab scientist. Sowemimo performed amplification procedures during DNA analysis of a sexual assault kit in the case, which prosecutors say revealed DNA matching both Conner and the alleged victim.
Prosecutors argued that the deposition was necessary because Sowemimo is a Nigerian national planning to return to Nigeria in early August 2026. The government pointed to current federal policy pausing immigrant visa issuances and restricting other visas for Nigerian nationals, arguing that Sowemimo faces uncertainty regarding when or if she could return to the U.S. to testify at trial.
Under Rule 15, a court may grant a pre-trial deposition only under “exceptional circumstances and in the interest of justice,” requiring the moving party to prove both the materiality of the witness’s testimony and a substantial likelihood of their unavailability at trial.
In her decision, Judge AliKhan ruled that the government failed to establish either requirement.
On the issue of materiality, the court found that prosecutors provided only a brief explanation of Sowemimo’s lab work without explaining how her absence would affect the trial’s outcome or alter the jury’s verdict.
“The United States has failed to explain what role Ms. Sowemimo’s testimony will play in admitting any DNA evidence at trial, nor has it offered any explanation for why Ms. Sowemimo’s absence from trial would affect the verdict,” Judge AliKhan wrote. “Simply describing Ms. Sowemimo’s role in conducting amplification procedures does not show how her testimony will be used at trial to admit physical evidence, to explain the DNA test results of A.S.’s sexual assault kit to the jury, or to accomplish some other purpose that could alter the jury’s verdict.”
Regarding witness unavailability, the court noted that the government’s descriptions of visa policies were inconsistent and failed to provide basic details about Sowemimo’s specific visa status or whether she would remain employed while abroad. The judge pointed out that the federal restrictions cited by prosecutors explicitly exclude certain temporary work categories, such as H-1B specialty occupation visas, and do not revoke previously issued visas.
“The court is not satisfied that her own speculation concerning whether she may be able to return—based on potentially inapplicable visa restrictions—establishes the exceptional circumstances that Rule 15 demands,” the order stated.
Judge AliKhan also noted that allowing the deposition would not serve the interests of justice at this stage, as the government has not yet provided required expert disclosures or potential impeachment materials to the defense.
Because the motion was denied without prejudice, prosecutors retain the option to refile their request with additional supporting facts. Conner’s trial is currently scheduled for October 26, 2026.
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