David I. Garris, the Northwest apartment janitor charged in the slaying of WMAL radio ad saleswoman Kathleen Boyden, was ordered held without bail yesterday in D.C. Supreme Court.
Judge Paul F. McArdle made the ruling to detain Garris after a lengthy bond hearing, during which police revealed that the janitor had obtained keys to Boyden's apartment late on the night of her murder. Garris' attorney had argued that Garris had let an "exemplary life" and should be released on bond. a
Garris was placed in "preventive detention," a rarely invoked denial of bond in the District, which has one of the most liberal pretrial release laws in the country.
Garris is charged with murdering Boyden, 32, who was reported missing Sept. 19 and whose body was found in her abandoned car on upper 17th Street NW last Tuesday.
Garris turned himself in to police Thursday after authorities had been searching for him for two days.
At yesterday's hearing, Garris sat quietly while new details of the case were revealed by homicide detective Thomas E. Arnold.
Arnold said Garris had picked up the keys to Boyden's apartment at 3040 Idaho Ave. NW late Wednesday, Sept. 17, telling another employe that there was "something there he wanted to get," Arnold testified.
Garris got the keys in the building lobby and left in the direction of Apt. 103, where Boyden lived. Minutes later, about 11 p.m., according to Aronold, Boyden arrived in the lobby, asking for messages.
After getting several messages, Arnold said, Boyden headed toward her apartment. Soon after, Garris returned to the lobby and gave back the keys. The other employe asked whether he had seen Boyden, Garris said yes, and left, according to the detective.
According to a police affidavit filed in court. Garris was seen leaving Boyden's apartment about 6:30 a.m. on Sept. 18, carrying a "reddish-colored bag and a purple or magenta scarf."
Five days later, Boyden's nude and decaying body was found in the back of her black Toyota, which was parked in the 3400 block of 17th Street NW. A city medical examiner said she had been bludgeoned to death.
The police investigation revealed that some residents of Boyden's building reported hearing a woman's screams at about 3 a.m. on Sept. 18.
Later, police found bloodstains on a stairwell leading to the apartment garage, and said someone had tried to wash away traces of blood from one of the walls of Boyden's apartment.
Garris' attorney, Christopher G. Hoge, argued yesterday that Garris should not be detained before the trial because of his "exemplary life. He is entitled to a presumption of innocence. He is a man living with his wife and three children. . . He hasn't even been terminated from his job."
Hoge told the court there was no evidence that Garris had sexually assaulted Boyden, or robbed her. He also said that evidence the government introduced of Garris' prior criminal convictions and jail time should not bear on whether he should be held in connection with Boyden's death.
Assistant U.S. Attorney Richard C. Otto aruged that there was clear and convincing evidence that the government had met its burden of proof under preventive detention rules that Garris would be an "extremely serious danger to the community."
Garris' attorney countered that much of the evidence was hearsay provided by a police detective, and that because Garris had no opportunity to confront witnesses interviewed by police, the government was obligated to turn over statements by witnesses.
Amidst repeated protests from prosecutor Otto, Judge McArdle ruled in Garris' favor and certain documents were turned over. However, McArdle declared that the government had reason to detain Garris, pending the trial scheduled for Nov. 26.