Montgomery County State’s Attorney John J. McCarthy on Wednesday contested a judge’s decision to bar a blood expert’s testimony during the trial of Keith Little, who is accused of killing his boss at Suburban Hospital.

It was the third time since Friday that attorneys argued over the validity of the expert’s statement that the glove has the blood of Roosevelt Brockington Jr., who was stabbed more than 70 times.

Stephen Mercer, one of Little’s attorneys and a forensics expert, said the identification of a stain on the glove is not based on sound scientific evidence. An initial test of the glove turned up a result that was not in accordance with the rules of the Montgomery County forensic lab for a positive identification of human blood.

An outside company, Bode Technology, tested the glove Friday and found no evidence of human blood during a confirmatory test, but did find blood during a test that can detect more diluted levels of blood, according to court records.

McCarthy implored the judge to reverse her decision, saying the judge was “gutting the state's case” by excluding the blood evidence.

“The fact of the victim’s blood being on that glove is vital,” McCarthy said. “You’re giving the defense a windfall.”

Judge Marielsa Bernard disagreed and stood behind her decision. McCarthy declined to comment after the hearing. Robert Hill and George Simms III, who are prosecuting the case, declined to say whether they would make another attempt to use the evidence.

Brockington, of Lusby, was found stabbed more than 70 times in his face, neck, chest and back in his office in the basement of Suburban Hospital the morning of Jan. 1. He bled to death before doctors at the hospital and police arrived to find him on the floor with a 12-inch knife in his neck, Simms said.

Little, of Lanham, was arrested Jan. 5 after a co-worker at the hospital saw him washing a ski mask and gloves with chemicals and then throwing the items in the trash.

During testimony Wednesday, Suburban employees said the water was treated with chemicals to remove oxygen, minerals and other contaminants and was not used to clean anything in the hospital.

William Mathews Jr., Brockington's supervisor, testified that he knew Brockington had given Little a negative performance evaluation shortly before his death. The negative evaluation kept Little from receiving an annual raise, prosecutors have said.

Mathews was still on the stand when court adjourned for the day shortly before 5 p.m. and will testify Thursday about the day Little was arrested.

dgaines@gazette.net