Shooting suspect's house-arrest violations overstated

May 30, 2010|By Tricia Bishop, The Baltimore Sun

About five days into testimony during Lamont Davis' attempted-murder trial last month, attorneys on both sides agreed — and told the jury — it was a fact that the defendant had violated terms of his house arrest, ordered during an unrelated case, more than 100 times.

 

About five days into testimony during Lamont Davis' attempted-murder trial last month, attorneys on both sides agreed — and told the jury — it was a fact that the defendant had violated terms of his house arrest, ordered during an unrelated case, more than 100 times.

The statement, it turns out, was false, according to an analysis of records, which shows Davis had eight violations.

A Sun reporter was in the courtroom the day the agreement, known as a stipulation, was made, about 4:45 p.m. on April 9, and has reviewed a DVD recording of the incident multiple times since then.

In the recording, Vicki Anzalone, a representative from the GPS monitoring company that was tracking Davis, is on the stand. Junior defense attorney Frederick Lester is questioning her about the number of violations Davis had.

He hands her a report — a state exhibit labeled "49B" — and she identifies it as a violation summary for the dates between June 24 and July 7 (Davis was arrested July 4). Lester asks how many violations are on it, and Anzalone begins counting.

While she's counting, Assistant State's Attorney Diana Smith beckons Lester by saying "counsel," and they confer.

Lester then tells the court: "Your honor, the state is willing to stipulate. I can proffer that stipulation to save some time ... [stipulating] that amount Davis has violated his community detention for more than a hundred times."

Smith follows by vigorously announcing "I'll stipulate to that," which gets a laugh from jurors and the courtroom audience.

Senior defense attorney Linwood Hedgepeth then turns to Lester and says "that's not true," by the record is never set straight.

It's not clear who came up with the figure.

tricia.bishop@baltsun.com

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