Justice not done
Years ago, the Baltimore Sun wrote a story about problems in the city's criminal justice system called "Justice Undone." This week, it's more like "Justice Never Gets a Chance."
Joe Sviatko, a spokesman for the Baltimore State's Attorney's Office, sent out a news release today about yesterday's docket. Six murder cases scheduled. Five murder cases postponed. All for the same reason: "No courts were available."
One man did plead guilty to killing a Patterson High senior and a lacrosse player who was an innocent bystander to a gunfight back in March of last year.
Delays are woven into the fabric of the downtown courthouse. One reason, documented by Baltimore Sun reporter Melissa Harris, is that defense lawyers in the lower District Courts quite often request moving to Circuit Court for jury trials. They know full well that the Circuit Court is overloaded as is, and they're more likely to get a dismissal or a great plea offer just to make their case go away. It helps them, but clogs the courts for more serious cases.
On Wednsday, there were technically 15 courtrooms available for criminal cases. But that's just on paper. Three were set aside for the cases moved up from District Court. Two were set aside as "reception courts" -- where cases are assigned to various judges.
"That takes it down to 10," Sviatko told me this morning. "Then what happens is somebody's in trial, and they can last multiple days. They aren't available until the trial is over, and every single day new cases come in. Yesterday, checking with prosecutors, they said to me it was there understanding that every single available trial judge was in trial. So at the end of the day when they all came in as postponements, it wasn't a surprise."
Sviatko did say it was unusual for so many murder cases to be scheduled for one day.
My good friend over at the other city crime blog wondered yesterday what would happen to these cases: "How many will actually start? (All but one are scheduled for the same judge-- duh!) How many will end in a conviction? Let's follow together, shall we?"
Now we know. Here's what didn't happen in court yesterday, outlined by the city State's Attorney's Office:
Baltimore, MD – October 30, 2008 – The following five murder trials were scheduled to begin in Baltimore Circuit Court Wednesday.
The murder trial of Bryant Williams was postponed to January 26, 2009. No courts were available.
Court documents allege that on May 2, 2007 in the 2200 block of Barclay Street Derius Harmon, 19, was found fatally shot. Witnesses later identified Williams as the alleged shooter.
The murder trial of Dajuan Marshall was postponed to a date to be determined. No courts were available. Court documents allege on June 8, 2008, Dajuan Marshall and an unknown male approached Kenneth Jones in the area of Custom House and Water Street. Marshall and the unknown male allegedly forced Jones at gunpoint into the trunk of a waiting four door sedan. The body of Mr. Jones was found on June 9 at 12:15AM in the 4500 block of Bonner Road.
The murder trial of Danny Battle was postponed to January 14, 2009. No courts were available.
Court documents allege Danny Battle was responsible for a shooting incident on January 25, 2008 in the 900 block of Pennsylvania Avenue. Irvin Lawson was found suffering from gunshot wounds in the unit block. He died later at University of Maryland Shock Trauma.
The murder trial of Michael Wallace was postponed to a date to be determined. No courts were available. Court documents allege June 12, 2007 in the 2400 block of Ellamont Ave. the victim, Sterling A. Carr, Jr., 28, was found on the sidewalk suffering from a gunshot wound to the upper torso. Carr died the same day at Shock Trauma. Witnesses later identified Wallace as the alleged shooter.
The murder trial of Darnell Jeter was postponed to February 2, 2009. No courts were available.
Court documents allege Darnell Jeter was responsible for the death of Theresa Parker on March 25, 2007 in the 1200 block of Treeleaf Court. Parker was found dead in the second floor bedroom of a vacant dwelling at that address.
Comments
It looks like two different problems, each calling for a different solution.
Problem one is the District Court request for a jury trial. Look to the other large counties, Baltimore, Montgomery or Prince Georges for a solution. Put these cases in before judges whose afternoon dockets are delayed by transportation issues or other delays in trials. Knowing that a trial is a reality will both reduce requests and increase pleas.
The second problem is one that defies understanding. Isn't it the job of the courts to schedule and conduct trials? Who is accountable? It certainly isn't Mrs. Jesamy. The Chief Administrative Judge should get with the Clerk of the Court and fix this. The press should give the story attention. Put it on the local news.
Assign this to a judge who is standing for election. Hold Mr. Conaway accountable in the same way he wants the Mayor to be held accountable.
Posted by: Bruce Robinson | October 30, 2008 4:00 PM
I believe that one of the many parts of this problem is that suspects are treated and jailed as if they are already guilty from the moment of arrest. Furthermore, this city, this state has given the good old boys and girls in blue to much authority without enough knowlege, intelligence and ethics to apply it justly. This city does have a lot of bad people on the streets, but a signifigant amount of them aloted punitve immunity. (I am not simply reffering to police officers. Although, for the purpose this reply they are part of the problem contributing to the back log of the court docket. There are infinite motive to substantiate this claim but I think the most prominate one find it;s roots in city's educational standards. The very same marginally passing product of Baltimore public school systems are becoming law enforcement officers where the only requirment now-or-day for a cadet is to have a high school deploma or GED equivlent., And we all know that a high school deploma in Baltimore city only equates to about a 5th or 6th grade eduaction. The other criterion is that the cadet have a clean criminal background, factor in the relatively low pay given the fact the officers life is on the line every day. The only people I see willing to accept these jobs are the few good men a women who valiantly step up to plate to make their city a safer place, and the dead beat welfare women who are forced to get a job (any job) and the those who can't make the grades in a institution of higher learning. Police should be taught a strict curriculum in ethics, and crime scene investigation to ensure that objective and lawfully collected evidence is collected and acquired the right way so that a conviction sticks on the bases of objective principles ( such as DNA sampleling) in felony cases. Officer should also be held account when they get it wrong to often or to intense.
Posted by: 2clean4jail | December 6, 2008 2:51 AM