Court asked to review voided murder conviction

July 06, 1994|By From Staff Reports

As expected, the state attorney general's office has asked the Maryland Court of Appeals to review the reversal of a first-degree murder conviction against a Pennsylvania man accused of strangling and burning a woman on a Carroll County farm.

Gary E. Bair, chief of the attorney general's criminal appeals division, said yesterday that he filed a petition Friday asking the state's highest court to review the June 6 reversal decision by the Court of Special Appeals.

The intermediate court threw out James Howard VanMetre III's conviction because Carroll prosecutors failed to follow the state's trial-scheduling rule.

The court said the Carroll state's attorney should have asked a judge to waive the rule -- which calls for a trial within 180 days of an attorney's involvement in a case -- when it was clear that VanMetre would not be released by Pennsylvania authorities in time for his trial.

The attorney general's office contends that the rule shouldn't apply in this case because VanMetre was being held on an

unrelated rape conviction in Pennsylvania and was unavailable for trial within six months.

VanMetre was convicted last year of strangling Holly Ann Blake, 28, on Sept. 26, 1991, while they were on their first date. He was accused of burning her body several hours later and spreading the remains along the Monocacy River in Harney.

He was sentenced to life in prison without the possibility of parole.

If the Court of Appeals refuses to hear the case, the reversal

stands.

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