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Please Help Stop Crime in Baltimore City

Pallas Athena, Athena
On Saturday, July 24th, three days shy of his 24th birthday, a young man was dropped off at Penn Station by the bus that had brought him from visiting his sister in N.Y.C   He was walking home and was on his cell phone talking with his mother. About a mile from Penn Station, and just four blocks from his apartment near the Johns Hopkins main campus, he was robbed and stabbed in the chest, as his mother listened from her home. "Five minutes into the walk, I heard him be approached. He offered his wallet, (they) still attacked and killed him," said his mother. Her son died holding the hand of the witness who had called 911. (Although he wasn’t pronounced dead until the ambulance reached the hospital). His wasn't the only murder in Baltimore that night, although it is perhaps the most poignant.

The young man was from Jupiter, FL; had gone to college in Kalamazoo, Michigan; and had become fluent in Japanese while working in Japan on stem cells. Returning to the U.S. he got a job in Baltimore working as a research assistant on breast cancer and wound research at the Johns Hopkins Medical School, where he was highly regarded. Although he had majored in economics in college, he was planning on attending medical school. One of his professors at Michigan had encouraged him to go into medicine.

His apartment is in an area of Baltimore that’s considered “very safe” by Baltimore police, in part because Hopkins has beefed up security on and off campus in recent years.

The two people arrested for his murder had no business being out of jail, but they were out of jail because of the multiple failures of Baltimore City’s “justice” system. The purpose of this post is to alert you to the opportunity to do something about this broken system.


The  Suspects

There’s little doubt that police have arrested the culprits; although they must be presumed innocent until proven guilty, there is a lot of evidence to suggest that the state should have no problem proving its case.

In charging documents, police said they were told by witnesses that [the two suspects] were overheard saying that they had "robbed and 'hurt' a 'white boy.'" Detectives recovered a brown wallet [Pitcairn‘s], Pitcairn's iPhone, several folding and fixed blade knives — and shoes containing what appeared to be blood.

Finally, Baltimore city is keeping these suspects in jail, without bond – for now.

The two suspects are married and have a long history with the police. They were arrested together at least once before. Both have struggled with addiction; both were on probation. He (JAW) is 34 and she is 24.

The man has armed robbery convictions starting in 1991. In the early 1990’s he received a 15 year sentence. In 2008 he pled guilty to 1st degree assault for the “vicious assault on his then-girlfriend” in a Baltimore City court. He received an eight year suspended sentence and supervised probation for 3 years. When a defendant receives a suspended sentence, he serves no jail time, provided he abides by his probation. This man failed to abide by the terms of his probation: he was supposed to stay out of trouble, check in with his probation supervisor, and take anger management classes, but did not.  Despite this, he was let out to walk the streets.


Baltimore County had a chance to keep this couple in Jail

In 2009 the couple was picked up by Baltimore County police in a stolen car. JAW was In the driver’s seat and she was in the passenger’s seat. “In the passenger's side door was a bag containing suspected crack cocaine and needles, and a knife was in the center console.”

At the time, the woman was also under supervised probation from a 2008 drug conviction.  One would think this would be considered a violation of her probation, but there’s no mention of any action being taken against her. JAW was sentenced in Baltimore County to two years for theft, but this sentence was also suspended. His County conviction should have been considered a violation of his probation in the City. [More about this below.]

When JAW failed to pay $300 restitution to the victim in the car theft, a warrant was issued for his arrest on July 22nd and sent to a Baltimore County police station. It’s not clear whether the police tried to serve the warrant, but regionally, “there is a backlog of more than 40,000 outstanding warrants.” At least Baltimore County was trying to put him back in jail when he failed to abide by the terms of his sentencing. In any event, it was only two days before the fatal robbery, there’s no guarantee any jurisdiction could have had him in jail within that time frame.

Still, Baltimore County missed an opportunity to keep this couple off the streets.


Baltimore City’s Final Chance to Avert This Tragedy

Now this is where it gets really interesting. In April of this year, a witness called Baltimore City police about a possible robbery in progress. The whole thing was captured on surveillance cameras and the police used the footage to track down the victim, and the perpetrator, who was … yup, JAW. The victim identified JAW, and told police that JAW had approached him, asked him if he was in a particular gang, then hit him in the face and put him in a headlock while another man rifled through his pockets. All of this can be seen on the surveillance footage. So, JAW is arrested.

It’s not clear if he was kept in jail or let out pending the trial. As prosecutors get ready for a hearing, the victim says that he doesn’t want to go to court that they have the footage, the 911 call, and the fact that JAW was found with his belongings; that should be enough. Informed that his “cooperation was necessary,” the victim “says he's not coming to any court … did not want to speak further."

At court, the prosecutors ask for an extension, but the judge refuses to grant it.  The prosecutors dismiss the case against JAW. "’No victim, no case,’ said … a spokeswoman for Baltimore State's Attorney Patricia C. Jessamy. ‘Without the victim's presence, the evidence is hearsay. Even if they recant their original statements, we need them present in court so we can play the statements back and let the jury decide.’” So the case against JAW is dropped. If he wasn’t on the street before, he is now.

Reluctant Witnesses

The victim in the April beating and robbery, actually works with the city’s “wayward youth and ex-offenders.” What would make him so reluctant to testify when the chances were good that JAW would be found guilty? Perhaps the witness has watched one of Baltimore’s notorious “Stop Snitchin” videos.

Or, perhaps he’s familiar with frequent incidents like the following:

Another young man, 21 yo, was killed Thursday. He had apparently been inside an apartment where another man was stabbed and killed Saturday night, the same night as the research assistant. The 21 yo had been questioned by police, although it’s not known whether he was cooperating. Still, in the wee hours Thursday, an officer on patrol in the area heard shots, and found the 21 yo “slumped over in a green lawn chair in front of the [same] house with an apparent gunshot wound to the head.”  “Hours later, a chair with blood drops on it was visible out front, and a group of people on the front steps of the house said they didn't know what had happened.” Apparently, the mere possibility of cooperating with the police may be enough to get you killed as a “snitch.”

It’s no wonder that witnesses are reluctant to testify in Baltimore. Even when judges can easily jail defendants, such as when the defendant is out on probation on a suspended sentence, the criminals remain at large. Add to that the “Stop Snitchin” culture, the news reports about witness intimidation and witness executions, and of course, witnesses are reluctant to testify.

Patricia Jessamy's Office: No Witness, No Case - Not Our Fault

Jessamy's office says that their hands were tied, but I understood that prosecutors can make witnesses come to court, by force if necessary. If the witness fails to appear, or refuses to testify he or she can be held in contempt. Once on the stand, under threat of perjury, the witness/victim will probably confirm what happened, but even if the victim doesn’t, the prosecutor can introduce the victim’s prior statements; then, in light of the video evidence the jury will see that the victim’s original statements to the police were truthful.

Except that wouldn’t be enough because the police officer’s testimony about the witness’ identification of JAW along with the tape of the robbery/assault, and any statements the witness may have signed wouldn’t be enough for Jessamy’s office. Only if the police had taped the witness’ statement or identification of JAW would Jessamy’s office proceed.

I came across this blog, which confirms that prosecutors can force witnesses into court. The author is a retired Baltimore City prosecutor.

Jessamy's Office Doesn't Try Very Hard to Keep Criminals in Jail

Not only could the prosecutors have forced the witness to court if they had wanted, as the blog points out, the hearing didn’t require the witness’s presence, because it wasn’t a trial, just a preliminary hearing. The prosecutors could have used the testimony of the police officer along with the other evidence to prove “probable cause.” if they had, JAW may have been in jail awaiting trial when the young man from Jupiter, FL was walking home from Penn Station. 

Jessamy’s office has tried to excuse the prosecutor’s behavior by saying they could not have convinced a jury of JAW’s guilt in the April assault and robbery, but they didn't have to convince a jury. At the preliminary hearing they only had to convince the judge and they didn’t have to prove guilt; they just had to show probable cause to charge JAW. If they had, JAW might have been in jail.  It’s another excuse by Jessamy's office that doesn’t hold water.

Also, this is the same Prosecutor who previously said that her office will not prosecute any case where there is only one witness and no other corroboration. Baltimore juries, she says, will not convict so it’s not worth taking the case to court. This frustrates the police, who arrest criminals only to see them let loose, but Jessamy says the police are lazy, that they need to work harder to bring her office more evidence.

“So Jessamy can’t prove cases with cooperating witnesses without” corroborating evidence, and “she can’t prove cases with resistant witnesses despite corroboration from a video.”

Something Needs to Be Done

There's a lot that needs to be fixed about the Baltimore City Justice System. Electing a new prosecutor for Baltimore may be the place to start. Jessamy is the highest paid city employee. She makes more than $35,000 more than the next highest paid City employee, the Police Commissioner. She earns far more than the Finance Director, the City Solicitor, the Director of Public Works, and the Fire Chief. She earns about $70,000 more than the mayor. Her Office's policies alone are an indication that she is not earning her pay.

I‘m not saying this death is all the fault of Jessamy’s office. Certainly the judges who refused to revoke JAW’s probation, despite repeated violations of the terms of his probation also have blood on their hands. One judge in particular stands out; just two days before JAW was charged with the April assault/robbery, Judge John Howard was asked to revoke JAW’s probation (from the 2008 suspended sentence for domestic violence) because of JAW’s Baltimore County conviction for vehicle theft. Even though it wasn’t JAW’s first probation violation, Judge Howard refused, and he let JAW back on the streets. The practice of Baltimore Judges refusing to revoke probation despite repeat violations also needs to be changed, but there's nothing I know of that can be done about that right now.

The police also could have crossed their T’s and dotted their I’s. Perhaps they should assume that all witnesses may recant and document everything by audio or video tape. It would entail additional costs, but given the atmosphere in Baltimore that makes witnesses reluctant to come forth, it may be necessary. Still, although the police weren’t perfect, as explained above, they did do their job, and the prosecutors could still have taken the April assault/robbery past the preliminary hearing stage.

Until the police, prosecutors, and judges do a better job of keeping criminals off the street, rational witnesses will be reluctant to testify and violent crime will continue undeterred. If you read my other posts, you will see that my views tend to be liberal, especially as to our constitutional rights. I don't believe the criminal laws are too lenient, nor that the authorities everywhere are letting criminals go free. Nor do I believe that criminals don't deserve constitutional protections. Still, it would be wonderful if the laws we do have on the books were enforced.

Did Jessamy’s office even try to put JAW in jail by trying to convince a judge that the robbery/assault would have been further grounds to revoke JAW’s probation? Jessamy’s office should at least have tried. If they had succeeded, one promising life would not have been violently and needlessly ended on the streets of Baltimore on July 24th.


Something Can Be Done Now

On Tuesday, September 14th, you have a chance to improve Baltimore’s criminal justice system. Patricia Jessamy has a qualified opponent in the Democratic Primary. Whoever wins the Democratic Primary will probably become Baltimore City’s States Attorney. Her opponent, Gregg Bernstein is an experienced criminal attorney and former federal prosecutor who has received the endorsement of the Baltimore City Police Commissioner. This suggests that Mr. Bernstein would have a better working relationship with the Police than Ms. Jessamy, whose recent statements suggest that she thinks people need protection from the police more than they need protection from criminals. The City police do need to improve how they treat urban youth, but the police are not Baltimore's primary problem.

I was shocked and dismayed to hear that Governor Martin O’Malley recently praised Jessamy; although he hasn't actually endorsed her. While he was Mayor of Baltimore he was extremely critical of the performance and policies of Jessamy’s office. Politics, I guess. If you read between the lines, while some politicians have decried Police Commissioner Bielefield's open endorsement of Bernstein, others have hinted at a need for Jessamy to go, by expressing support for Commissioner Bielefield's performance and his right to free speech.

I don't know either Ms. Jessamy nor Mr. Bernstein. I don't believe I have ever met either one. In fact, I don't know any of the individuals mentioned. I only know what has been in the news the past dozen years; the catalyst for this article was reading about the needless murder of a young man whose life may have made a positive difference in the lives of countless people.

I don’t know enough about Gregg Bernstein to say he definitely would be a better State’s Attorney, but Jessamy has had 15 years in that office and has repeatedly shown either an inability or an unwillingness to work with police to keep violent criminals off the street.

It’s time for a change – a change that only the voting citizens of Baltimore can bring about. This Sept. 14th is the best chance to do make a difference.

Please spread the word, as there's only about a month left. Encourage others to vote in the primary for Gregg Bernstein.


Sources for the facts:

http://www.wbaltv.com/news/24391325/detail.html

http://www.wbaltv.com/news/24459022/detail.html

http://www.baltimoresun.com/news/maryland/baltimore-city/bs-ci-md-homicides-stabbing-2-20100726,0,2880979.story

http://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-ci-hopkins-stabbing-folo-20100727,0,5195455,full.story

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Pallas Athena, Athena
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