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Dixon May Face 2 Trials

Judge Lets Charges Of Perjury Against The Mayor Stand

October 06, 2009|By Annie Linskey , annie.linskey@baltsun.com

Baltimore Mayor Sheila Dixon should stand trial on charges that she perjured herself by not disclosing gifts from a developer boyfriend, a judge ruled Monday as he rebuffed objections from the mayor's defense team that the accusations rest on faulty evidence.

The decision sets up the prospect that Dixon will face a pair of trials in the months ahead - one scheduled for November on charges that she stole gift cards intended for the needy, and another later on two perjury counts.

"It is not good news from the standpoint of her being able to govern," said Donald F. Norris, chairman of the Department of Public Policy at the University of Maryland, Baltimore County. "She is now going to be in two separate trials at two separate times."

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Dixon's lawyers had attempted to have the perjury charges dismissed, arguing that prosecutors could not prove their case because the evidence they wanted to use - knowledge Dixon gained about development projects through meetings as City Council president - could not be used against her based on a principle known as "legislative immunity."

But in a 10-page memorandum accompanying his order, Circuit Judge Dennis M. Sweeney wrote that he was "not satisfied" with defense arguments that Dixon's rights were so violated as to merit the "extraordinary step" of dismissing the charges.

State Prosecutor Robert A. Rohrbaugh said he is "pleased" with the decision and said the case is now "ready for trial."

Dixon appeared unruffled by yesterday's ruling and, after presenting a proclamation to advocates for the disabled at City Hall, she said: "I'm just going to continue to do what I am doing." The mayor complimented her lawyers and added that "I'm going to be victorious in the end." She then hosted her regular lunch for members of the City Council.

Asked how long she expects the legal saga to continue, Dixon referred the question to the state prosecutor, saying, "I don't know, you'll have to ask him."

Norris said that the mayor appears to be "soldiering on" and reacting well to daily crises, but he's not seen bold new initiatives come out of City Hall. The lack of new ideas, though, could be due to the budget crisis and not legal distractions, he said.

Dixon lawyer Dale P. Kelberman said that the defense team is weighing whether to appeal Monday's ruling. "We think we have a good argument," Kelberman said. Dixon's attorneys have 30 days to seek a rare legal move known as an interlocutory appeal, where attorneys ask an appeals court to overrule a trial judge before the trial is over.

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