A judge in Prince George’s County ruled a dead man's grand jury testimony can be used in his nephew's double murder trial.
Nicoh Mayhew was the star witness in a double murder, telling a grand jury his nephew Brian Mayhew and friend Kenan Myers shot and killed two men in Capitol Heights in 2011, but before he could testify in the actual trial, Mayhew was shot and killed and his 2-year-old son shot and injured outside his mother's Seat Pleasant apartment in 2012.
In court Tuesday, prosecutors said Nicoh Mayhew's hit was ordered by his nephew while he was locked up in PG county jails.
It allegedly was done with a series of security loopholes commonly used by inmates, according to court testimony. Brian Mayhew allegedly had a girlfriend outside the jail set up Google voice numbers, and he used another inmate’s telephone ID to communicate with two hit men.
“Those jail calls will be admissible as well as testimony Nicoh gave to the grand jury outlining some of the facts that Mayhew is charged with,” said John Erzin of the Prince George’s County State’s Attorney’s Office.
“The Department of Corrections did conduct an internal investigation, and upon its completion appropriate personnel actions were taken,” said a spokesperson for the Prince George’s County Detention Center.
Prosecutors said Nicoh Mayhew was offered witness protection but refused.