Jury Trial

Former Washington Mayor Marion S. Barry Jr. denied exposing himself to a woman janitor in a men's room at Baltimore-Washington International Airport, and asked yesterday for a jury trial on charges she filed against him A trial on misdemeanor assault and exposure charges was to take place before a District Court judge in Glen Burnie yesterday, but Barry asked for a jury to hear the case. The trial was tentatively set for Tuesday in Anne Arundel Circuit Court. Custodian Terry Jenkins of Baltimore complained that Barry shoved her July 6 in a restroom that was closed for cleaning.

A Harford County man charged with first-degree murder in connection with a double-shooting in Port Deposit earlier this year remains jailed in Cecil County while he awaits trial this summer. William Gary Roland, 57, of the 1500 block of Galaxy Drive in Street, allegedly shot and wounded his estranged wife, Eileen L. Roland, 56, of Edgewood, and shot and killed her boyfriend, Timothy S. Hammons, 48, during an altercation with the couple on the evening of Jan. 7 that took place in Mr. Hammons' home in the 200 block of Craigtown Road in Port Deposit.

LEONARDTOWN -- Convicted murderer John Frederick Thanos yesterday won a legal victory of sorts when he persuaded a St. Mary's County judge to allow him to waive his request for a jury trial.In a bizarre courtroom encounter that pitted Thanos against his own attorneys -- who insisted that waiving the jury trial was a bad move -- Judge Marvin S. Kaminetz sided with Thanos.Saying the choice is for the defendant rather than his attorneys to make, the judge scheduled Thanos to face a court trial here tomorrow.

Kirk R. Osborn, a career public defender who headed the city's misdemeanor jury trial unit, died of cancer Friday at Union Memorial Hospital. The Mayfield resident was 55. "I'm going to miss him," said Baltimore Circuit Judge Barry Williams. "Kirk was a person I could always trust. He had a high level of integrity. He was a good man who took the time to get to know his clients. His death is a huge loss for those of us who work in the justice system. " Baltimore State's Attorney Gregg L. Bernstein said, "Kirk was a consummate professional and a real pleasure to work with, even though we were on different sides of the aisle.

It's a common stalling tactic used by defendants unprepared for their day in District Court: Tell the judge you want a jury trial. Because the case must then be moved to Circuit Court, you get to go home and wait for your new court date.But Anne Arundel County's criminal justice officials are out to take away this ploy. When the courts reopen after Memorial Day, the "Same Day/Next Day Jury Trial Program" will be in place.Under the program, similar to arrangements in Baltimore City and Baltimore and Montgomery counties, a request for a jury trial will not buy you much time.

ANNAPOLIS -- In a rare move, the House of Delegates yesterday shot down a constitutional amendment that would have restricted Marylanders' decades-old right to a trial by jury in some criminal cases.The bill's supporters portrayed it as an attempt to unclog Maryland courts, while detractors claimed the measure would abolish a fundamental protection in the state constitution.The detractors won after Del. Gilbert J. Genn, D-Montgomery, and others made impassioned pleas against the measure. "If we pass this, we've put our constitution up for sale," he said.

FREDERICK -- A community activist charged with assault and battery for allegedly "forcefully" bumping into a Frederick newspaper reporter at a public meeting has been granted a jury trial.Francis William Ashton, 43, who leads the call for citizen representation on a Frederick airport commission, said he asked April 7 for the jury trial because he believes the reporter injured his reputation.Frederick County District Court Judge James F. Strine granted the request."I'm just tired of this thing because everyone's trying it before it gets tried," Mr. Ashton said.

I take issue with several points in Melissa Harris' article on misdemeanor jury trials ("Requests for jury trials swamping city courts," Oct.10). Ms. Harris refers to "the glut of drug possession, misdemeanor assault and theft cases being resolved in courtrooms designed to hear rapes, murders and robberies." But these courtrooms were not designed for felonies. They were designed for Marylanders to assert their constitutional right to a jury trial. The article repeatedly describes these crimes as minor without noting that many of them carry penalties as serious as some felonies.

In a court appearance that lasted less than five minutes, the trial of a former University of Maryland Baltimore County assistant professor accused of working as a prostitute out of her suburban Ellicott City home was delayed for the second time when she asked for a jury trial. Brandy M. Britton, 42, of Shirley Meadows Court, who was to have faced trial in Howard County District Court, now is set for trial in county Circuit Court on Oct. 24 on four prostitution charges, each of which carries a maximum penalty of one year in prison and a $500 fine.

Attorneys likely will begin laying out their cases before week's end in the criminal trial of Anne Arundel County Executive John R. Leopold, who is accused of using taxpayer-funded police officers for his personal and political benefit. Leopold on Thursday waived his right to a jury trial, which means the case will be heard and decided by Circuit Judge Dennis M. Sweeney. The decision came after the trial opened Thursday with a day of jury selection. Leopold, 69, was indicted last March on four counts of misconduct in office and one count of fraudulent misappropriation by a fiduciary.

Baltimore prosecutors lost two tough cases this week - the animal cruelty trial of twin brothers charged with setting a pit bull on fire, and the trial of a man accused of killing two girls in a hit-and-run on Martin Luther King Boulevard.  Sun reporter Scott Dance covered both cases. First, today's verdict in the hit-and-run case , where prosecutors had secured a guilty plea from a co-defendant in exchange for her testimony against the alleged driver:  "Two jurors said after the trial they doubted who was driving - Dunn or his girlfriend, key witness Kendra Myles - when two teenage girls were struck and tossed more than 100 feet.

A 28-year-old Baltimore man was convicted of rape, kidnapping and related offenses this week for assaulting a woman at "knife point in his hack taxi cab," the Baltimore State's Attorney's Office announced. Samuel Renard Queen, of the 3500 block of Elmley Ave., faces a maximum of life plus 73 years in prison at his sentencing, which has not yet been scheduled. According to the prosecutors' office, the victim hailed an unlicensed taxi, known as a "hack," after work on the evening of Dec. 6, 2010.

The House Judiciary Committee approved legislation Wednesday that would cut the penalties for possession of small amounts of marijuana in a way that curtails the right to an initial jury trial on the charges. By a 16-4 vote, members said, the panel gave its OK to Del. Luke Clippingers's bill setting the maximum penalty for possesssion of 7 grams or less of marijuana at 90 days and a $500 fine. Previously those convicted of the charge could have been given up to a year in jail. With a potential penalty of more than 90 days, defendants were entitled to a jury trial in Circuit Court  -- an option may have taken.  Under the legislation, defendants would initially be  tried before a District Court judge but would retain the right to appeal to the Circuit Court.

The Supreme Court has embarked on a new term that is widely predicted to be one of its most momentous in many years. But we should not quickly forget one very important First Amendment case decided by the court during its last term — one that may ultimately turn out to have been an important decision limiting the role of the jury as a check on the power of the government. Snyder v. Phelps is a classic case of competing interests: the right of a father to bury his son in peace versus the constitutionally guaranteed right of a group to demonstrate on a public sidewalk.

A man who opened fire outside Johns Hopkins Hospital in September 2009, injuring a bystander, was sentenced Wednesday to 54 years in prison, the Baltimore State's Attorney's Office announced. Timothy Gaskins, 44, fired five shots that day, striking a woman's handbag, a man's trouser leg and an employee of the Kennedy Krieger Institute, who was leaving work. She was struck in the hand. Police said at the time that they believed the shooting was related to a fight between teen-age girls that drew in their fathers.

The trial of Gahiji Tshamaba, the former Baltimore City police officer accused of murder in the death of Marine veteran Tyrone Brown outside a downtown nightclub last year, was bound to produce conflicting witness testimony and evidence to support both the prosecution and defense cases. The verdict Thursday by Circuit Judge Edward R. K. Hargadon finding Mr. Tshamba guilty of voluntary manslaughter and a handgun violation showed that despite the complexity of the case and the intense emotions it generated, the system was still able to produce a result of which it can be said justice was done.

In an unusual move, the cases of three city officers accused of kidnapping two West Baltimore teens will be heard jointly by a jury beginning next week, though the panel will decide the fate of only two of them. Charges against the third will be decided by Baltimore Circuit Judge Timothy J. Doory, though the cases will be heard simultaneously. Friday's decision by Doory came over the protests of defense attorneys, who had argued that such a move would create a legal mine field. The arguments were part of a second attempt to have the cases heard separately.