I really enjoy reading your articles. However you are really irritating me w/ all this pro-Bernstein & Jessamy bashing. The State's Attorney cannot get convictions 100% of the time and with the lying, sneaky underhanded police who screws up the cases before the State's Attorney ever touches them, they're lucky for the convictions they do get. If Bernstein should win, I really hope that he will be the savior that you and his fellow endorsers believe he is. But when he is NOT, be sure not to forget that either!!!!!!!Dear "Wendy",
For the past five years, no media outlet on the planet has been more supportive of the State's Attorney's office than this one. We have dutifully reprinted almost every single press release they've put out. During the Zach Sowers epic drama, we didn't take sides. Gleefully mocking her many costume changes is not really bashing in my book. But you're right in noticing that my opinions have changed, and since you brought it up, here's some reasons why:
- The State's Attorney's office employs at least three people full-time in communications, but only two people to coordinate witness protection for the entire city.
- Excuses and blame whenever things go wrong. Dropped cases, a bad relationship with police.. it's always somebody else's fault. Have you ever heard the State's Attorney's office say something like, "the prosecutor came to court unprepared, and that person's been fired," or "we're sorry Carl Lackl didn't get the form letter offering witness protection. In the future we'll try to do better." Or even, "we're sorry things didn't turn out as we'd hoped." Never! Doesn't some buck have to stop somewhere? Why would you want someone with nothing but excuses and blame as your employee?
- Where's the numbers? The SAO "doesn't do conviction rates"? First of all, the SAO does track the outcome of cases, (homicides, at least, I've seen the files), they just don't release those numbers to the public, apparently. But anyway, is she really saying it's okay to not attempt to define or measure success? What a cop-out, especially considering prosecutors already can-- and do-- drop cases all the time for lack of evidence and are able to opt to prosecute only the cases where there's a chance of winning.
- And what about those "rules"? The "do not call" list, which not only makes the office judge, jury and executioner for an officer's career, but imagine how much that must bone to be the victim who happens to be responded to by a "bad" officer.
- And the "one witness" rule. Isn't it a cornerstone of the American judicial system to try a case based on its individual merits? Blanket rules and policies subvert the judicial process.
- John Alexander Wagner. The man accused of stabbing Hopkins researcher Steven Pitcairn was arrested numerous times for violent crimes and probation violations without ever serving significant time.
It could be (and was) argued by the SAO that police brought weak cases numerous times. But there's no excuse for prosecutors dropping charges when Wagner was caught on videotape beating and robbing a guy, and if they hadn't, Pitcairn would likely be alive today.... And that is completely excusable as a lot of peoples' fault. BUT
ps. Early voting locations are not open today but they will be open tomorrow from 10-8. You can go to any of the locations in the city. You don't need your voter registration card, though you do need ID. And you don't have to vote for all races, like if you have no idea who's running for the Orphan's Court. I went to the one at Reisterstown Rd. & Northern Parkway yesterday & it was safe with plenty of parking.
10 comments:
Thank you for responding to my previous comment. Never expected that!
I appreciate and understand the frustration concerning circumstances involving Mr. Sowers, Mr. Lackl and Mr. Pitcairn. However what about the Mr. #1 Males that lose their lives every day with maybe 1% of the coverage? The prosecutor's office definately can do alot better, but there are alot of other people and offices that could also. I was born in this city, grew up in this city, live in this city, love this city and hate this city. This city offers it's youth nothing. They have nothing constructive to do and than are harassed by the police for doing nothing. I witness the mess of this city everyday. How about some programs so that the kids never have a reason to be in contact with the prosecutor's office? How about police that don't call the citizens idiots?
Sorry, I didnt leave my name for the above comment.
It does amuse me when people like yourself try to act like an authority on something they really don't understand the in/outs of. I worked at the BCSAO for several years before moving to another city with my spouse. I worked in the District Court and handling felonies at the Circuit Court (drugs/robberies).
John Wagner - you say "But there's no excuse for prosecutors dropping charges when Wagner was caught on videotape beating and robbing a guy, and if they hadn't, Pitcairn would likely be alive today." - did you watch that video? There is no way you can ID Wagner as the person doing the robbery. It is dark and the video quality is not good. Now had the victim been willing to testify and ID him that video would have gone a long way in getting Wagner locked up. But as I read it the victim didn't want to be involved and wouldn't come to court (surprise suprise). Yes, they could have indicted the case but you can't make the vidtim testify. You can put him on the stand but unless you have prior statement from him that he gave the police all he's going to do is sit on the stand in silence or better yet do what many of my witnesses did - "I don't recall" or "That's not the same guy." So before you bash the prosecutors why don't you throw a little bashing the way of the robbery victim for not doing his job and stepping up and coming to court.
Numbers - I have no idea if numbers are kept. They weren't in the any division I worked in. You say: "prosecutors already can-- and do-- drop cases all the time for lack of evidence and only take the cases there there's a chance of winning." Lady, what planet do you live on? Go to the narcotics unit or the FIVE Unit where they bust their asses everyday trying cases - cases you never heard of because jurors acquit. A friend had a gun case he prosecutored at Thanksgiving and the jury said they knew he was guilty but felt like he deserved a second chance and acquitted him. I have had friend try a case where the victim came in and said "that's the guy who robbed me" and the jury acquitted. Cases where drug dealing is caught on tape and jurors acquit. You have line attorneys working hard to get convictions. You have many police giving them good cases but you can't make Baltimore City jurors who hate the system convict.
Do Not Call List - it's called Giglio vs. United States. The law is that prosecutors have to question the officers on if they credibilty issues. Every jurisdiction does this including the Feds.
One Witness Rule - I know of several cases that only had 1 witness (and often times they were recanting.) I only heard that applies in homicides and not all the time there. It is done on a case by case basis.
I am no JCP fan - it's a big reason why I left the office. It does bother me to hear all this talk about how bad the SAO is. The office is made up of 200 hard working ASAs and one not so great leader. Saying the SAO is this horrible place where everyone is bad is an insult to the people working in rat infested building and making due with what they can. Should it be better yes but don't go around acting like you know what is really going on when I doubt you have ever set foot in any office of the SAO.
I've never represented myself as anything but a concerned citizen who reads the news, I assume my readers know that and take my opinion for what it's worth. I know there's a lot I don't know, and I'm trying to learn. But "people like myself" are the ones who vote, should only JD's be able to vote for State's Attorney or discuss their vote, aka "go around acting like they know what is really going on"?
You have a point about John Wagner, I have seen the tape and it is very dark. I'll amend that. A whole lot of people on all levels dropped the ball to let him out, over and over.
Being an ASA surely sucks big donkey and we all owe them our gratitude for showing up. The SAO is a "horrible place where everyone is bad" has never been said by me.
As for numbers, I have seen and held them in my own hands. Results of cases are kept, they are in dot-matrix printouts in giant vinyl three-ring binders on the 2nd floor in Ms. Burns' office.
Since you're someone more in the know, why you are not a fan, and what made you quit?
I left because my wife got a job and a law degree is somewhat more transferable than her degree.
I have been reading from afar how the ASAs are getting trashed in the bid to unseat PCJ and it sucks. Those guys are working hard and just because the leadership from the front office isn't there doesn't mean an open season on bashing the line ASAs (in general and not directed at you).
I read now how Bernstein wonders why SAO doesn't have voicemail or Blackberries. There are secretaries who answer the phones from 8am-5pm and I am pretty sure if you gave the attorneys a choice between having a Blackberry and having an office that wasn't infested with rodents they would pick the latter - God knows I would have.
Also the line about how ASA and police don't get along is another thing that bothers me (while I am ranting). The line ASAs and police get along fine. Most ASAs love PCJ as much as most officers love Bealefeld.
what does PCJ give the ASAs that they love?
Anon:
I have far more respect for the ASAs that I've encountered than I do for Pat Jessamy. A couple of years ago I went to a Southeastern District police community relations meeting where Jessamy was giving a talk. A couple of her deputies came along. PJ's talk was actually pretty decent, but as soon as her prepared bit ended and people started asking her questions she quickly started coming off as much less informed/in touch than the prosecutors who she'd brought along.
As for the Do Not Call list, a quick google search seems to show that Giglio v. US doesn't say much more than Brady v. Maryland. The requirement that prosecutors disclose exculpatory evidence hardly requires the SA's office to blacklist police officers without any sort of due process.
MJB - that was sarcasm. I guess you don't know many officers. Neither PCJ or Bealefeld are beloved by their employees.
Patin - feds have a do not call list as well only they don't advertise it.
oh, the sarcasm didn't translate. Hence my surprise. I don't know many employees who like their employers, period.
But I do so hope Jessamy said to the employees, "ok, which do you want-- Blackberries, or an exterminator?"
.. if the "do not call" officers are liars, wouldn't it send a stronger message to work with the feds to prosecute them for perjury or whatever got them on the list in the first place?
ASAs don't need blackberries!!! They all have them already or iPhones or whatever cell they want and the individual ASA pays the bill for the work calls/texts, which are many. If Bernstein wins, they'd rather have copiers that work for more than a week at a time and other such up-to-date office equipment/supplies. If the copier breaks, a repairman would be nice, too. If he wins, he's going to be surprised at what he has to deal with and what ASAs have to deal with as so called professionals. The SAO is not the US Atty's office and it's certainly nowhere near a private firm in terms of modernity.
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