Baltimore City Councilwoman Helen L. Holton's on-again, off-again criminal trial is back on, after a judge's ruling that portends a steady flow of court action in the City Hall corruption case through the remainder of the year.
A Circuit Court judge ruled Thursday that campaign finance charges against Holton should stand, meaning her trial will go forward Dec. 7.
It marked the second time this week that Judge Dennis M. Sweeney, who is overseeing four City Hall corruption cases brought by the state prosecutor, slapped down defense arguments. He ruled Monday that two perjury charges against Mayor Sheila Dixon should go forward.
It was also a sharp reversal of fortunes for Holton, who was jubilant over the summer when an initial set of bribery charges against her were thrown out on grounds that her actions as a legislator cannot be used against her. Prosecutors are appealing that decision and sought another indictment of lesser campaign finance violation charges, which is now moving ahead.
"We want to go to trial," said Deputy State Prosecutor Thomas M. "Mike" McDonough. "I think it was pretty clear that our position was correct."
A call to Holton's attorney, Joshua Treem, was not returned.
Holton, a West Baltimore Democrat, is accused of conspiring to exceed the campaign finance limits by requesting that developers John Paterakis and Ronald H. Lipscomb pay for a $12,500 political poll for her re-election campaign. State law limits donors to $4,000 per candidate per four-year election cycle.
Holton is also accused of raising campaign money outside the confines of a campaign organization because she requested that the developers pay the pollster directly; the payment therefore was not reported as a donation.
Thursday's ruling means Holton's trial will begin, at the latest, a couple of weeks after the opening of the first of two criminal trials for the city's mayor.
Dixon is set to be tried Nov. 9 on charges that she stole gift cards intended for needy families. McDonough said that prosecutors are setting aside about two weeks for Dixon's theft trial, and they believe Holton's trial will take only a couple of days.
Sweeney's ruling came a day after her lawyers made a highly technical argument about the meaning of the word "or" in an attempt to convince the judge that the city's Circuit Court did not have jurisdiction. Treem argued that the court could hear the case only if two tests were met: that the charge carry a penalty of more than a year in prison and a fine of more than $2,500.