Baltimore and truth in sentencing
We all know by now that being sentenced for a crime almost never means serving the full sentence. That's why the five-year mandatory sentence for people caught with guns is so troubling. Police and prosecutors use the tough law to threaten people but know it's really all but meaningless.
Earlier this week, the city's mayor, police commissioner and top prosecutor testified in Annapolis to toughen the law by ending good-time credits prisoners earn for, well, just being there and behaving. It turns a five-year mandatory sentence into a farce.
Yesterday, the city State's Attorney's Office sent over a release to highlight the problem. Bernard Nelson, who on Thursday got sentenced to time served for a drug offense, has been arrested and locked up and re-arrested again. In 2005, he served just 2 years and 9 months of a mandatory 5 year prison sentence for gun possession.
Mayor Sheila Dixon said this in a statement: “This gun offender served about half of his 5-year mandatory no parole sentence before he was released and re-arrested, and now convicted again. He is an example of why we need the support of our State Legislature to close loopholes in our state gun laws to keep repeat gun offenders and illegal guns off our streets."
Here's the full statement from prosecutors:
BERNARD NELSON PLEADS GUILTY TO CDS POSSESSION
Case Highlights Early Release Date for No-Parole Mandatory Sentence
Nelson Arrested After Early Release on Felon Gun Charge
Baltimore, MD – February 12, 2009 – Yesterday in Eastside District Court, Bernard Nelson, 48 of the 1500 block of Queensbury Avenue, pleaded guilty to CDS possession of Heroin and Cocaine. Judge Jeanne Hong sentenced Nelson to time served. Nelson had been in jail since his arrest December 25, 2008.
Nelson pled guilty to the following facts of the case. On December 25, 2008 Nelson and another man were observed by police in the rear of a house next to a street lamp. Police observed Nelson place money into his hat then the two men began to quickly walk away when they noticed the police. Police approached and questioned both men. The two men were searched and police recovered a gel cap containing heroin and a vial containing rock cocaine from Bernard Nelson.
On March 30, 2005 Nelson was convicted of felon in possession of a handgun and sentenced under 5-133C to a mandatory 5-year no parole sentence. He was released on mandatory supervision on April 6, 2007 and served a total of about 2 years and 9 months in prison. In January 2003 he was sentenced to 1 year and 6 months. This felony conviction made it illegal for him to possess a firearm. Had he served a mandatory 5-year no parole sentence, he would have been released in 2009. Since the time of his release in 2007, Nelson has been arrested several times including for the narcotics offense that led to yesterday’s conviction.
“This gun offender served about half of his 5-year mandatory no parole sentence before he was released and re-arrested, and now convicted again. He is an example of why we need the support of our State Legislature to close loopholes in our state gun laws to keep repeat gun offenders and illegal guns off our streets,” said Mayor Sheila Dixon.
“This case illustrates the need for truth in sentencing for repeat gun offenders,” said State’s Attorney Patricia C. Jessamy.
Both Mayor Dixon and State’s Attorney Jessamy testified before the House Judiciary Committee in Annapolis on Tuesday in support of HB 87 which would restrict handgun felons from earning good times credits at an accelerated rate and earning an earlier release.
Assistant States Attorney Alfred Guillame of the District Court prosecuted this case.
