Double Jeopardy

A Baltimore judge dismissed Tuesday state charges filed against a man who had been acquitted of similar charges in federal court, calling the local indictments a "sham" prosecution that violated the defendant's constitutional protection against being tried twice for the same offense. On Oct. 3, 2008, a U.S. District Court jury found Lenny Lyle Cain not guilty of federal drug charges. Three weeks later, the state filed new charges against him, based on the same incidents and investigation, Baltimore Circuit Court Judge Paul A. Smith held in a 10-page opinion.

A Baltimore judge dismissed Tuesday state charges filed against a man who had been acquitted of similar charges in federal court, calling the local indictments a "sham" prosecution that violated the defendant's constitutional protection against being tried twice for the same offense. On Oct. 3, 2008, a U.S. District Court jury found Lenny Lyle Cain not guilty of federal drug charges. Three weeks later, the state filed new charges against him, based on the same incidents and investigation, Baltimore Circuit Court Judge Paul A. Smith held in a 10-page opinion.

Maryland is not alone. State governments all across the country are taking a vicious pounding from two directions: plunging tax receipts and soaring demand for services as more people seek help. The result has been $25 billion in higher taxes, $7.5 billion cut from states' spending and an enormous growth in unmet needs. We can expect even worse news in the year ahead.States find themselves in double jeopardy. They are being "whipsawed," according to one official at the National Governors' Association, by shrinking revenues and the explosive growth of two costly programs -- Medicaid and prison construction.

No need to explain the relief on Elijah Snow's face in September when a jury acquitted him of carrying a deadly weapon - a kitchen knife - through downtown Baltimore. A guilty verdict would have landed the twice-convicted armed carjacker back in prison. Now he appeared to be home free.

The decision of the Maryland Court of Special Appeals' decision to reverse the manslaughter conviction of a drunken driver on the grounds of double jeopardy has its roots in the Founding Fathers' fear of the British bureaucracy, according to a law professor."

A Baltimore County delegate wants to change the state motor vehicle law to prevent motorists from avoiding prosecution for more serious traffic offenses by paying fines for lesser, related offenses.Delegate Leon Albin, D-Baltimore County, said this week that he plans to pre-file legislation to get around the double jeopardy issue that on Wednesday prompted a Howard County Circuit Court judge to dismiss an auto manslaughter charge in the death of a young woman because the driver had paid a $45 fine for reckless driving in the same accident.

THE GOVERNMENT'S war on drugs has precious little success to show for all its efforts. Now one of law enforcement's favored weapons against drug abuse faces scrutiny by the Supreme Court.Can the government force people convicted of drug trafficking crimes to forfeit their property? The question springs from a provision in the Constitution assuring that no "person be subject for the same offense to be twice put in jeopardy of life or limb." This provision, known as the double-jeopardy clause, has been interpreted by the Supreme Court to mean protection against a second prosecution for the same offense or against multiple punishments for the same offense.

ANNAPOLIS -- With approval from Maryland's highest court, Baltimore County State's Attorney Sandra A. O'Connor yesterday vowed to move quickly to try 28-year-old Michael Whittlesey for killing a Dulaney Valley High School senior 10 years ago.But Whittlesey's public defender said his office may ask the U.S. Supreme Court to decide whether Whittlesey's trial would constitute double jeopardy.The Maryland Court of Appeals on Wednesday ruled 4-3 that a murder trial for Michael Whittlesey would not violate the constitutional prohibition against being tried twice for the same crime.

Baltimore prosecutors cannot retry a city police officer for manslaughter in the shooting death of an unarmed 14-year-old boy suspected of car theft, a city Circuit Court judge ruled yesterday.Ruling that a retrial would be a violation of double jeopardy protections, Judge Ellen M. Heller dismissed charges against Officer Edward T. Gorwell II, whose earlier case ended in mistrial after a juror was disqualified during deliberations."I feel very good about it," said Officer Gorwell, who was suspended from the police force without pay 12 days after the April 17 shooting.

A 21-year-old Columbia man charged in last year's fatal shooting of a young computer student can be retried on murder charges despite the surprise witness testimony that forced a mistrial last year, a Howard circuit judge ruled yesterday. At most, prosecutors trying Tavon Donya Sands in the death of 23-year-old DeShawn Anthony Wallace violated rules of evidence, Judge Raymond J. Kane said. Their conduct fell far short of the prosecutorial "sabotage" required to bar retrial, he said. The law requires "pretty egregious conduct" for double jeopardy, the constitutional provision that bars trying a defendant twice for the same crime, to apply, he said.

Two Baltimore police officers who had assault charges against them dismissed because of a procedural error can be tried again by city prosecutors, the Maryland Court of Special Appeals ruled yesterday, rejecting the officers' claims of double jeopardy. Officer Jack H. Odom Jr. was charged with three counts of second-degree assault and Officer Michael D. Brassell with one count of second-degree assault stemming from an altercation outside Maria D's on Light Street in October. Akhenaton R. Bonaparte IV, who is black, alleged that the officers, who are white, harassed him and called him a racist as he talked with two female friends about African-American history.

Widow decries rules at Social Security I know that I am not alone out there. Many widows that I have spoken to about this subject feel the same way. My injustice is with our Social Security system. My husband's illness for seven and a half years put a strain on our finances. So, after his death, I decided I needed to go to work and pay off doctor bills and keep myself afloat. I did not find out that I needed to call the Social Security office pertaining to what I would make during the year.

Maryland's highest court dismissed an indictment yesterday against a Baltimore man for intent to distribute heroin, ruling that his constitutional protection against double jeopardy had been violated. The ruling by the Court of Appeals means that Jesse Anderson was required to serve only a nine-month jail term for selling heroin to two Baltimore undercover police detectives. Prosecutors are barred from seeking charges against Anderson that would carry tougher penalties. According to the opinion, Anderson was approached by an undercover detective on Oct. 1, 2002, in the 1500 block of Myrtle Ave. The detective bought two capsules of heroin for $20 from Anderson, according to the opinion, and a second undercover detective bought another two capsules a few minutes later.

FAIRFAX, Va. -- Lawyers for John Allen Muhammad failed yesterday to prevent a second capital murder trial in Virginia for the convicted sniper, after a judge ruled that another prosecution for his alleged role in the sniper shootings does not constitute double jeopardy or violate state law. However, Fairfax County Circuit Judge Jonathan C. Thacher delayed ruling on a defense claim that Muhammad's right to a speedy trial was violated. Although he was arrested in October 2002 and indicted the next month, his lawyers say, prosecutors waited until May to hand him the documents charging him with killing 47-year-old FBI analyst Linda Franklin.

An Ellicott City woman who was legally drunk when she rammed the back of a motorcycle last year, killing its rider, faces no more than a year in prison because of constitutional protections against being charged twice for the same crime. Susan Elizabeth Williams, 35, was convicted yesterday of driving under the influence - the most serious charge that remained in the aftermath of a Howard Circuit judge's decision to dismiss motor vehicle homicide charges related to the Sept. 7 death of Dennis Jerry Sullivan.

A 21-year-old Columbia man charged in last year's fatal shooting of a young computer student can be retried on murder charges despite the surprise witness testimony that forced a mistrial last year, a Howard circuit judge ruled yesterday. At most, prosecutors trying Tavon Donya Sands in the death of 23-year-old DeShawn Anthony Wallace violated rules of evidence, Judge Raymond J. Kane said. Their conduct fell far short of the prosecutorial "sabotage" required to bar retrial, he said. The law requires "pretty egregious conduct" for double jeopardy, the constitutional provision that bars trying a defendant twice for the same crime, to apply, he said.

A Westminster man, whose first trial on charges that he sexually abused his 17-year-old stepson ended in mistrial, asked a judge yesterday to dismiss the charges.In a morning-long hearing, Assistant Public Defender Samuel Truette argued that Circuit Judge Raymond E. Beck Sr. should dismiss the case against his client because "misconduct" by the prosecutor at trial makes a new trial unconstitutional."Something is aberrant in this case," Mr. Truette said, trying to convince the judge that taking his client to trial a second time on the same charges amounts to double jeopardy.

The Maryland Court of Special Appeals has overturned the manslaughter conviction of a drunken driver because of double jeopardy, ruling that before the man was convicted of manslaughter he had already been convicted of the offense when he paid a $35 traffic citation.John Charles Glasser was cited by Baltimore County police for going the wrong way on a one-way road. The citation was issued before Glasser was indicted on a charge of manslaughter in the 1989 death of Everett Lee Jones, 30, of North Point in eastern Baltimore County.

LONDON -- A question facing Britain's Parliament is this: Should a man who stood trial before his peers 20 years ago -- and was judged innocent -- be forced to stand trial again if new evidence such as DNA indicates that he committed the crime? The answer by Parliament, if it goes along with the government of Prime Minister Tony Blair, is likely to be, yes -- try the man again. The proposed change in the double-jeopardy law, which now prevents defendants from being tried for the same crime twice, is one element in a sweeping package proposed by Blair's government.

Prosecutors and detectives working the murder case against Tavon Donya Sands discussed a few weeks ago the possibility that a witness had been asked to look at suspect photos during the investigation - and were ultimately satisfied that he had not, officials said yesterday. So it was a surprise Tuesday when witness Gaston Leonard Davis testified that he had, in fact, seen a series of photographs that included Sands - testimony that, because it had not been previously disclosed to the defense, forced a mistrial in the case.