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July 6, 2010

Jessamy challenger Bernstein makes his case

Like the former federal prosecutor that he is, Gregg Bernstein today launched his campaign for Baltimore City State’s Attorney by building a case against the incumbent, Patricia C. Jessamy.

Bernstein announced his candidacy just east of 26th and Calvert streets, the site of a murder in March in which he said both the victim and alleged shooter each previously had been charged with multiple homicide and gun charges, and yet both had been freed back to the streets.

“They were allowed to walk out of the courtroom,” Bernstein said. “If the State’s Attorney for Baltimore City had done her job … I would not be here today.”

Bernstein said the State’s Attorney’s Office under Jessamy, who has been the city’s chief prosecutor for the past 15 years, has the lowest conviction rate in the state. He said half the people charged with murder and 53 percent of those charged with felony gun crimes were not convicted. Further, he said, 80 percent of domestic violence cases were effectively dismissed.

“I know I can do better,” said Bernstein, who spoke with his wife, Sheryl Goldstein, the director of the Mayor’s Office on Criminal Justice, and two sons at his side.

“I know my way around a courtroom,” said Bernstein, who has 30 years of trial experience as a prosecutor and defense attorney, “a place the current State’s Attorney has not been seen since she took office.”

UPDATED:

Jessamy dismissed Bernstein’s use of conviction rates as “old school, living in the past,” and said that “hundreds” of defendants are convicted instead in federal court as a result of her office’s cooperation with the U.S. Attorney’s prosecutors. She touted her record as one of innovative leadership, saying she was the first to focus on guns and gangs.

She said she did not know where Bernstein got his statistics on conviction rates for various crimes and as a result would not respond to them. She did, however, say that there were “glaring inaccuracies” in what Bernstein said today, noting that at least in the case of Donatello Fenner, what he had been charged with previously was attempted murder, not murder.

Fenner, 22, who was shot to death near where Bernstein made his campaign announcement, was said to be a high-ranking member of the Young Gorilla Family gang and charged in connection with what police called a gang-sanctioned hit in May 2008. She mentioned two instances where cases against Fenner were dropped, once because a larger investigation was involved and another time because a witness could not be located.

“Yes this is a tragedy, but definitely not of the State’s Attorney’s making,” she said.

-Jean Marbella

Posted by Andy Rosen at 3:21 PM | | Comments (19)
        

Comments

Why is it that everyone from the Governor to the Mayor to the Police Commissioner gets blamed for Baltimore's crime yet the single person responsible for locking up the criminals never takes any responsibility?

Great choice of place Mr Bernstein.
Since these failed policies of Jessamys affect the entire state, the entire state should be able to vote in this election.

That's a call-out if there ever was one. Maybe we will finally get a State's Attorney with a backbone.

This is nonsence. If the States Attorney had the money she requested for the office, they could hire more attorneys and prosecute more case.

What more money to waste you mean. When she had money in her budget she didn't know how to use it. She doesn't prosecute cases. Has she EVER tried a death penalty case?

@dadellaw: that's bull and you know it...every law enforcment agency AND state's attorney's office has been operating for years with limited funds but that's no excuse for not DOING THE JOB! AND, that's Jessamy's favorite excuse...it's getting old....very old.

Pat Jessamy seems like a lovely person. Unfortunately she seems like a lovely person who is far out of her depths.

[abusive language removed]

I have seldom in my 66years uttered a good word about any Republican but thank god for Rod Rosenstein. At least he is getting convictions. If Jessamy cares at all about the city she will take my advise and "in the name of god GO."

Ask any cop...Pat Jessamy is the problem.

The race for State's Attorney has already raised a number of key issues, such as resources, responsibility, and effectiveness of policies. I would like to see a debate between Pat Jessamy and Gregg Bernstein where these matters can be addressed by both candidates and where both candidates would speak directly to this city's residents. I think we deserve that much.

Well there have always been limited funds but that didn't stop then Mayor O'malley from bumping Jessamy's salary 58% to $225,000/yr for being incompetent. We need someone in there that will do better and it does not appear like that would be a hard thing to do.

There are way more challenges to the city's criminal justice system than one person or one office. While on jury duty last year I sat on a case where the arresting officer was ill-prepared and presented a crappy charge. This level of piss poor work is common place for our city's finest. Also isnt it a conflict of interest for his wife to work in the same area while on the public's dime? This smells like a rat or some type of pay off.

I really want to like this guy, But I can't reconcile the fact that he gave that boob $250 in 2006. She sucks now and she sucked then. What gives?

Funny, to date I bet there are dozens of murder cases that have probable cause but the SAO won't approve warrants. I bet within the next few months the SAO approves alot more cases. Maybe the state's attorney supervisors in homicide making over 100,000 a year will start taking cases instead of complaining about the police. I hope he cleans house if he wins.

Regardless of conviction rates or any other politics... Baltimore's crime is still a problem. In 15 years we've gone through how many mayors, police commissioners, etc? Too many, probably. But only one state's prosecutor? If nothing else, that alone tells us it's time for a change.

Pat Jessamy is a joke she had her turn now it's time for some new blood. She let people who should be lock up go and the one whom work hard for this Damn city get a bad deal. You have all kinds of people in this cold world, who would lie, steal and even kill to make them self look good. The one' s who is doing the right thing that get lie on all the time get the wost of it. So her time has ran it's course. She did her job to the best of her ablitity now leave the office and some who see though all of the bull-shit a hoot to do the right thing by the people.

@Everett - what kind of attorney puts on a witness that's not prepared? Police officers are often called in the last minute to testify and the prosecutors spend no time preparing them to testify. They should be giving them their reports, asking if they remember or need something to refresh their recollection....all before they call the officer to the stand. An ill-prepared witness is the prosecutor's fault. There's simply just little to no training in how to try a case in Jessamy's office.

Her prosecution of the men who murdered ZACH SOWERS encapsulates her tenure in that elected office.

The whole system is a mess. A cop should know his own case and be prepared since he investigated it. Can't blame lousy police work on a lawyer. The conviction in the Sowers case was a miracle considering what a jury would have done. Both candidates for State's Attorney inspire little confidence. We need a better State's Attorney, but this guy is a disaster. It's like having an oil executive head the EPA and be endorsed Exxon Mobil to do so. If you have ever worked in patrol or DDU you know people rarely cooperate, even if they do the jurors seldom want to convict no matter what kind of case you build. Until people want to do the right thing on the street, in the interview room, and in the jury box you are not going to see changes. Messing with police pensions and pay provides little incentive for officers to work and stay here to battle this system.

I often read comments in this forum on certain subject matter and this evenings has been pretty entertaining. We all need to stop placing the blame and fault with city "leaders" and point the finger at those of us who do not do our part to effect change.... can't sit back and depend on the system to solve our problems. Take these passionate comments via signange to the street and demand what you seek. Yes, it's easy to say it's someone else's fault but what about accepting your role in making Baltimore City better. I was born, raised, attended and graduated Baltimore City Public Schools. My family resides in Baltimore City and never have I witnessed so much deterioration as in recent years...schools that are grossly under-achieving, vacant neighborhoods decorated with dilapidated housing, school closings, fire stations closing, crime, unemployment, drugs, etc. We must remember that the Criminal Justice System is a business and if all the "customers" are behind bars than the business is no longer bringing in or increasing its revenue. Where's all the funding going? Who took the police pension fund? Pat Jessamy's role as top prosecutor comes with quite a few expectations one of which is working in "partnership and/or collaboration" with the top police chief to rid the city of criminals and/or crime. The key is working together...in Baltimore City it seems that everyone's on their own agenda because all aremore concerned with their individual ambitions and/or goals than their shared goal of protecting city residents, enforcing and upholding the law, seeking justice on behalf of crime victims and always putting 1st the interest of those whose tax dollars fund their salaries whose votes help win elections.... that's you and me! Corruption, greed, selfish-intent is the city's curse. Baltimore City is to most elected and/or sworn officials as the springs in a gym mat is to a gymnist...just a platform or a tool to catapult them elsewhere...there is no love, no real connection, no true desire to change things; only a desire to use their tenure no matter how ineffective their service or lack thereof is/was to go to the next level in politics. Ever think that the usual suspects are fixed in their positions for a reason? That reason being they're in bed with those wreaking havok on the city. For some, Baltimore City is a blank check and until the account has run dry, as in the police retirement fund, things will remain the same. Sheila Dixon is just one of many and if you look closely enough you'll find out who the real criminals are...but who's policing the police, prosecutors and politicians...the same folks they play golf, break bread, vacation and financially support in their campaigns. So, who are the Real Crooks of Baltimore City...the real reality show... just ask all of those Baltimore City Police Officers whose retirement plans were affected... Pat's salary increase was probably hush money...to keep quiet all the dirty little secrets... why else would someone like O'Malley (progressive, smart, powerful and persuasive) allow her to remain with the city in the state that it's in... remember the conspiracy theory? Just why is she still in there??? ...and it ain't the Deltas keeping her there, nor is it her southern drag, her annoyingly fake smile or the use of secular terms to convey her points from time-to-time... who is Pat Jessamy really and why is she still in there??? City needs change and anyone is better at this point!! The City needs an overhaul in leadership and we need to start with the State Attorney's Office first...clean house Bernstein!!!!!

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About the bloggers
Annie Linskey covers state politics and government for The Baltimore Sun. Previously, as a City Hall reporter, she wrote about the corruption trial of Mayor Sheila Dixon and kept a close eye on city spending. Originally from Connecticut, Annie has also lived in Phnom Penh, Cambodia, where she reported on war crimes tribunals and landmines. She lives in Canton.

John Fritze has covered politics and government at the local, state and federal levels for more than a decade and is now The Baltimore Sun’s Washington correspondent. He previously wrote about Congress for USA TODAY, where he led coverage of the health care overhaul debate and the 2010 election. A native of Albany, N.Y., he currently lives in Montgomery County.

Julie Scharper covers City Hall and Baltimore politics. A native of Baltimore County, she graduated from The Johns Hopkins University in 2001 and spent two years teaching in Honduras before joining The Baltimore Sun. She has followed the Amish community of Nickel Mines, Pa., in the year after a schoolhouse massacre, reported on courts and crime in Anne Arundel County, and chronicled the unique personalities and places of Baltimore City and its surrounding counties.
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