Baltimore State's Attorney Patricia C. Jessamy said she has met with the chief of a Court of Appeals committee to seek a change in Maryland's rules, which would permit her prosecutors to assume the charging role from police.
She said Baltimore Mayor Kurt L. Schmoke has given her the go-ahead for 12 new prosecutors, six law clerks and six investigators.
Schmoke did not attend the meeting yesterday. His spokesman said the mayor had a scheduling conflict but refused to explain the conflict or say where the mayor was during the meeting. Instead, Schmoke sent aides.
Speedy-trial right violated
Hours after the meeting, another criminal case was dismissed.
That case began April 13, when police arrested Anthony Fogle and charged him with possessing drugs with intent to distribute them. Unable to post the $5,000 bail, Fogle awaited his trial behind bars.
On Dec. 14, his case went before Judge Joseph P. McCurdy, who postponed the trial until Jan. 26. But when the day came, Fogle was not taken to the courthouse because an assignment clerk did not notice the postponement form in the file and didn't place Fogle's trial on the calendar, according to court testimony.
Assistant State's Attorney Nancy Olin said she noticed the mistake, and the trial was rescheduled for as soon as possible. But the new date was two weeks beyond the 180-day speedy-trial deadline.
The trial was to begin yesterday, but Assistant Public Defender John P. Markus Jr. argued that the case against his client should be dismissed.
Circuit Judge John N. Prevas agreed, ruling that Fogle should have been able to attend a hearing to postpone his case and that his rights had been violated by the state's attorney's office.
"Therefore," Prevas ruled, "I shall dismiss the indictment."
Pub Date: 2/18/99
