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Convict released from jail in error

Handwritten order to hold him was altered

July 04, 2008|By Melissa Harris , Sun reporter

Boswell was released April 22, the day after he was convicted of attempted second-degree murder, second-degree assault, conspiracy to commit first-degree assault and attempted robbery with a deadly weapon, according to court records and corrections officials. He could face up to 85 years in prison.

"We're investigating what happened," Binetti said. "It involves our system and a city system. Given the nature of the case, it's important that we take as much time as needed to figure out what's happening."

The universe of people who could have changed the document is extensive - court clerks, sheriff's deputies and corrections officers all had access to the release form as well as to another document filled out by a Baltimore sheriff's official that had also been altered.

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The sheriff's offce form had instructed corrections officials to continue to hold Boswell without bail and bring him back to court June 23 for sentencing before Circuit Judge Robert B. Kershaw.

The jail's record of that document has two seals and two case numbers, both of which the court's copy lacks, according to court and law enforcement sources. That document, however, did not play a role in Boswell's release.

Boswell was indicted in four cases, all of which stem from the same incident on March 3, 2006, when Boswell's co-defendant, Steven Gibson, was accused of twice shooting Jamie Dicapua during an attempted robbery in the 6000 block of Ready Ave., according to court records.

According to charging documents, Boswell told Dicapua, as his friend was fleeing, that Gibson was "gonna rob ya, get your boy to come back." Boswell then tried to prevent Dicapua from fleeing.

Boswell's attorney, Jerome A. Bivens, did not return a phone message and a page yesterday seeking comment. Gibson's attorney, Maureen O'Leary, also did not return two phone calls.

Assistant State's Attorney Richard Gibson Jr., who prosecuted the case, also did not return a phone message.

melissa.harris@baltsun.com

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