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Ba v. United States

June 06, 2002

ALASSANE BA, APPELLANT,
v.
UNITED STATES, APPELLEE.



Appeal from the Superior Court of the District of Columbia (M-5442-00) (Hon. Tim Murphy, Trial Judge)

Before Reid and Glickman, Associate Judges, and Kern, Senior Judge.

The opinion of the court was delivered by: Reid, Associate Judge

Opinion and judgment vacated August 7, 2002.

ALASSANE BA, APPELLANT,
v.
UNITED STATES, APPELLEE.

Appeal from the Superior Court of the District of Columbia (M-5442-00) (Hon. Tim Murphy, Trial Judge)

William G. Dansie, appointed by the court, was on the brief for appellant.

Roscoe C. Howard, Jr., United States Attorney, and John R. Fisher, Mary-Patrice Brown, Anne Park, and Susan H. Rhee, Assistant United States Attorneys, were on the brief for appellee.

Before Reid and Glickman, Associate Judges, and Kern, Senior Judge.

The opinion of the court was delivered by: Reid, Associate Judge

Submitted May 9, 2002

Appellant Alassane Ba was convicted of violation of a civil protection order ("CPO") under D.C. Code §§ 16-1004, -1005 (2001) at a bench trial. *fn1 On appeal, he contends that his reconciliation with the complainant after the issuance of the order effectively vacated the CPO and provided him with a valid defense, or at least precluded a finding that he wilfully violated the order.

FACTUAL SUMMARY

The government's evidence presented in this case shows that on December 29, 1999, Ms. Lashance Howard obtained a consent CPO against her ex-boyfriend of four years, Mr. Ba. The CPO, which was effective for a twelve-month period, ordered Mr. Ba to stay at least 100 feet away from Ms. Howard, her home and her workplace and prohibited him from contacting her. In January 2000, Ms. Howard and Mr. Ba reconciled. Mr. Ba testified that they were at times living together during this period. In late March 2000, the renewed relationship ended, but the two occasionally had arguments over the telephone. Despite the termination of the renewed relationship, towards the end of March, Mr. Ba visited Ms. Howard at her workplace. She called the police. *fn2 From that time until May 13, 2000, there was no communication between Mr. Ba and Ms. Howard. *fn3

On May 13, 2000, Ms. Howard received a phone call at approximately 2:20 a.m. The caller hung up without speaking. Ms. Howard's caller identification box informed her that the call came from a pay phone; she then called Officer Wayne David who had previously responded to her complaint about Mr. Ba. While she was waiting for Officer David, she looked out of a window of her residence and observed a car that resembled Mr. Ba's. Officer David arrived about thirty minutes later. Ms. Howard went ...


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