December 29, 1995|By Kate Shatzkin | Kate Shatzkin,SUN STAFF
A 22-year-old woman whose release from custody led to police complaints and the firing of a court commissioner showed up for her court date this week.
But the state's chief District Court judge said he is still comfortable with his decision to fire the commissioner.
Robert F. Sweeney, chief judge of the District Court of Maryland, who with Mary Ellen T. Rinehardt, administrative judge of the Baltimore District Court, decided to fire Gregory Cherry, said yesterday he did not regret the firing.
"I think I did what I was required to do in the interest of public safety," he said.
"That she showed up is fine," Judge Sweeney added. "It in no way alters my opinion."
John C. Fones, a lawyer for Dana Oden, said she appeared for court as scheduled Tuesday, but the case was postponed because she had been indicted on felony charges.
A Circuit Court arraignment date had not been set yesterday.
Police raided Ms. Oden's Southwest Baltimore apartment Dec. 1 in a search for her boyfriend, who was wanted in an East Baltimore killing. While there, police said, they found 2 kilograms of cocaine and heroin, $50,000 and a loaded Uzi in her bedroom closet.
She was charged with two counts of drug possession, two counts of drug possession with intent to distribute and one count of maintaining a common nuisance for drugs.
If convicted, she could be sentenced to 68 years in prison.
Mr. Cherry, a court commissioner for six years, was fired after releasing Ms. Oden on her own recognizance before Tuesday's court appearance.
Mr. Fones said he was in daily contact with his client, who he said has a 4-year-old child and is six months pregnant.
He called Mr. Cherry's firing "very unfortunate, because she's going to show up for any and all court appearances."
Mr. Cherry could not be reached for comment. He has said he released Ms. Oden because she had no criminal record and he believed the drugs were not linked directly to her. He called her "a victim of the situation."
A police major was outraged at the release, however, and complained publicly.
Judge Sweeney released more details yesterday about a 1990 case in which he said Mr. Cherry also had shown a lapse in judgment by releasing a man charged with armed robbery.
In that case, Judge Sweeney said, the suspect was alleged to have held a gun to a grocery clerk's head and beaten her while demanding money.
The man soon was arrested with the gun and the money, and was identified by the clerk and another witness who saw the man fleeing the store.
Mr. Cherry was issued a written reprimand after that case and warned that he could be terminated if such an instance happened again, the judge said.
Judge Rinehardt said yesterday she also believed her decision to fire Mr. Cherry was proper.