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June 3, 2011

Bernstein's memo -- remember Thomas DiBiagio?

Remember Thomas M. Dibiagio?

He's the Maryland U.S. Attorney who quit in 2004 -- later saying someone threatened him over his pursuit of pubic corruption. He's most famous for being reprimanded by his federal bosses for an internal email in which he "pressed his staff for three 'front-page' corruption indictments before Election Day."

Prosecutors make a living off intercepting the communication of others -- all those fun wiretaps catching criminals and politicians incriminating themselves -- so it should be of no surprise when their own internal communications get leaked.

Baltimore State's Attorney Gregg L. Bernstein gets his reminder in today's Baltimore Sun, where Justin Fenton got hold of his internal emails to his staff about a police misconduct case that the city's top prosecutor had tried, getting two convictions on lesser charges than he had sought, and one acquittal.

In the memo, Bernstein criticizes the lead internal police detective (remember how he said during his campaign that unlike his predecessor, he wouldn't blast cops -- publicly at least), takes a swipe at the judge and jokes that one of his assistant's made him look good. 

Here are the highlights of the memo, which can be read in full here:

“The case (how should I put it?) had some issues … Our ‘crack’ IID detective neglected to tell us about recorded interviews of three witnesses that we discovered during the trial. She also began her examination by defense counsel (we certainly did not call her) by denying she had testified in the grand jury. … Michelle told the detective 4 times to read her friggin’ file, which she refused to do. I could go on and on, but I suspect most of you are thinking, ‘Welcome to the State’s Attorney’s Office.”

“Judge Doory (who otherwise ran an excellent trial; very impressive) stated, in essence, that he did not believe police officers were capable of ever being guilty of kidnapping, false imprisonment and assault, because by definition, this is what they do every day (I am not making this up).”

Speaking of two fellow prosecutors who helped with the case:

“Michelle Martin and Paul Pineau did a superb job of making your boss look good (and isn’t that what this is all about?) who was trying his first case as a prosecutor in a long, long time. Hopefully, I did not embarrass those of you who have been doing this for a while.”

Posted by Peter Hermann at 6:13 AM | | Comments (0)
Categories: Courts and the justice system
        

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About Peter Hermann
Peter Hermann started covering news for The Baltimore Sun in 1990, first in Anne Arundel County and, starting in 1994, reporting on the Baltimore Police Department. In 2001, he was assigned to Jerusalem as the Baltimore Sun's Middle East correspondent. He returned in 2005 as an assistant city editor overseeing crime coverage. In 2008, Peter returned to the beat as a daily reporter and blogger. A recent BBC report featured him in a segment on the harsh realities of covering crime in Baltimore.

Coverage will focus on crime trends, problems in neighborhoods in the city and elsewhere, profiles of victims and police officers and try to offer readers a fresh perspective on one of the most vexing issues facing Baltimore and its future.



Contributing to this blog is Justin Fenton, who joined The Sun in 2005 and has covered the Baltimore City Police Department and the criminal justice system since 2008. His work includes an investigation into Cal Ripken Jr.’s minor league baseball stadium deal with his hometown of Aberdeen, a three-part series chronicling a ruthless con woman, coverage of the killing of five Amish children at a schoolhouse in Nickel Mines, Pa., and a job swap with a British crime reporter to explore differences in crime-fighting. A special report looking into how city police handle rape cases led to sweeping reforms that changed the way sexual assaults are investigated in Baltimore. He was recognized as the best reporter in Baltimore by the City Paper in 2010 and by Baltimore Magazine in 2011.
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