Convicted killer rethinks plea sentencing delayed

April 05, 1994|By Dennis O'Brien | Dennis O'Brien,Sun Staff Writer

An Anne Arundel Circuit Court judge yesterday delayed sentencing an accomplice to a 1992 Annapolis murder after the defendant said he had insufficient legal counsel and wanted to reconsider his guilty plea.

Anthony Lumpkin, 31, of Edgewater pleaded guilty to second-degree murder two months ago in the July 9, 1992, shooting death of Rudolph C. Holland, 21, of the 1800 block of Bowman Court.

On Jan. 31, Lumpkin entered an Alford plea in the death of Mr. Holland, which meant he was not admitting guilt but acknowledging the state had sufficient evidence to win a conviction.

But yesterday, as he was about to be sentenced by Judge Raymond G. Thieme Jr., Lumpkin asked for additional time to consider the plea and a different lawyer.

He said his lawyer, Assistant Public Defender Mark Blumberg, was ineffective and had not provided him with sufficient time to consider the ramifications of the plea.

Judge Thieme scheduled a hearing April 25 to consider the request.

Mr. Blumberg asked the judge yesterday for permission to withdraw as counsel, saying another lawyer should be appointed to avoid any conflict of interest in handling Lumpkin's request.

He later said he could not discuss his performance because he could be a witness at the April 25 hearing. He said he also couldn't talk because he would continue to represent Lumpkin until another lawyer is appointed and could not make any comment that "may or may not be adverse" to Lumpkin's interests.

Assistant State's Attorney Frank Ragione said that to his knowledge, Mr. Blumberg did everything a defense lawyer is supposed to do for Lumpkin, including interviewing witnesses in Prince George's County, talking to police investigators and going over police reports.

Mr. Ragione said that on the night of the murder, Lumpkin and Robert Amos Patterson, 28, of Silver Spring went to a parking lot on the first block of Town Pines Court to rob someone.

There, they cornered Mr. Holland, and Patterson shot the victim as he tried to run away, Mr. Ragione said.

Patterson was convicted by a jury of first-degree murder and sentenced in August to life plus 20 years.

As part of Lumpkin's plea agreement, he was to have been sentenced to 12 years in prison, Mr. Ragione said.

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