Anders charges omitted ANNE ARUNDEL

August 19, 1993|By Dennis O'Brien | Dennis O'Brien,Staff Writer

Drunken-driving charges filed against a veteran Anne Arundel County prosecutor last month never have appeared on the District Court file on the case, a problem a court administrator attributed yesterday to "clerical error."

Meanwhile, State's Attorney Frank R. Weathersbee said Gerald K. Anders, one of his two top deputies, would be prosecuted on the drunken-driving charge.

"We're trying to get to the bottom of how this happened," Mr. Weathersbee said.

Mr. Anders, 51, was charged by Annapolis police with driving under the influence of alcohol, negligent driving and failure to yield after an accident July 27 at Rowe Boulevard and Taylor Avenue.

But a check of District Court records yesterday disclosed only the two lesser charges -- negligent driving and failure to yield -- in the computers.

Joan Fedorkowicz, a District Court records supervisor, said Annapolis police filed the drunken-driving charge but that clerks at the state Division of Judicial Information Services on Riva Road never recorded the charges on the computer, probably because they are overworked.

Police and court officials said the problem would be rectified in the next few days when Annapolis police send a duplicate of the one-page Uniform Complaint and Citation Form completed by the arresting officer, Cpl. Thomas Powell.

Annapolis police Capt. Casey Gittings said after the error was discovered yesterday that copies of all three charges had been forwarded to the Annapolis District Court.

Neither Mr. Anders nor his lawyer, George Lantzas, a former assistant state's attorney, could be reached yesterday.

Mr. Weathersbee said the omission would cause no particular problems in prosecuting the case, which will be handled by a judge and prosecutor from outside the county.

"This will get into the computer, as it should get in," he said.

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