Prosecutors say delay of trial has not violated man's rights

August 04, 1994|By Darren M. Allen | Darren M. Allen,Sun Staff Writer

Prosecutors are asking a Carroll judge to deny a Westminster man's request to have robbery charges against him dropped because the state has twice been unable to produce its key witness at his trial.

Nearly two weeks ago, a lawyer for Jonathan Todd Jarboe asked a Circuit Court judge to dismiss the armed robbery and witness-intimidation charges against him on grounds that the delays are denying Mr. Jarboe his "right to a speedy trial."

In a response filed this week, Assistant State's Attorney Barton F. Walker III said dropping the charges would be inappropriate. "His constitutional rights . . . have never been violated," Mr. Walker wrote.

Mr. Jarboe, 23, was arrested in October after Angela Bailey, an acquaintance, told police he had bragged to her about a robbery.

He has been in the Carroll County Detention Center on and off since then, serving 168 days before being released July 21 on $5,000 bond.

Twice he has appeared in Carroll Circuit Court, in April and last month, for a jury trial. Twice the state has asked for, and been granted, a postponement because the witness, Ms. Bailey, failed to appear to testify.

Mr. Walker said in his response that "the state extends every assurance . . . that as soon as Angela Bailey can be produced in court, the state is fully prepared to proceed to trial."

Prosecutors contend that Mr. Jarboe threatened Ms. Bailey and prompted her disappearance.

The defendant and the prosecutors have said they do not know Ms. Bailey's whereabouts.

Carroll Circuit Judge Francis M. Arnold has not ruled or scheduled a hearing on the matter.

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