Argued February 9, 2016
Appeal from the Superior Court of the District of Columbia (CMD-11078-14) (Hon. Patricia A. Broderick, Motions Judge) (Hon. Ann O'Regan Keary, Trial Judge)
Jeffrey L. Light for appellant.
Daniel J. Lenerz, Assistant United States Attorney, with whom Vincent H. Cohen, Jr., Acting United States Attorney at the time the brief was filed, and Elizabeth Trosman and John P. Mannarino, Assistant United States Attorneys, were on the brief, for appellee.
BEFORE: Thompson and McLeese, Associate Judges; and King, Senior Judge.
This case came to be heard on the transcript of record and the briefs filed, and was argued by counsel. On consideration whereof, and as set forth in the opinion filed this date, it is now hereby
ORDERED and ADJUDGED that the appellant's conviction is vacated, and the matter is remanded for further proceedings.
Roy W. McLeese, Associate Judge.
After a bench trial, appellant Jacqueline Frey was convicted of unlawful entry, in violation of D.C. Code § 22-3302 (2015 Supp.). Ms. Frey argues that she was entitled to a jury trial. We agree, and we therefore vacate Ms. Frey's conviction and remand for further proceedings.
In pertinent part, the evidence at trial was as follows. At about 6:30 a.m. on June 24, 2014, Ms. Frey was found asleep at an employee's desk in a restricted area of the Library of Congress's Adams Building. The Adams Building is generally open to the public from 8:30 a.m. to 4:30 p.m. To get to the desk where she was sleeping, Ms. Frey had to pass through areas that are not at any time open to the public.
Ms. Frey testified that she entered the Adams Building at about 3:30 p.m. on June 23, 2014. She went to the reading room and read for a couple of hours, but then she fell asleep. When she woke up, the building was closed and the lights were out. Ms. Frey started walking around the building, at one point walking through an underground tunnel to another Library of Congress building, the Jefferson Building. Eventually, Ms. Frey made her way to the office in which she was later arrested.
The trial judge found Ms. Frey guilty. Specifically, the trial judge found that Ms. Frey was in an area of the Library of Congress that was not open to the public at any time and that Ms. Frey knew that her presence there was against the will of the Library of Congress. The trial ...