Just after 5 PM, following three hours of deliberations, a Baltimore jury convicted Erik Stoddard, 27, of the 2500 block of Moore Avenue, of involuntary manslaughter and child abuse resulting in death. Prosecutors proceeded with a third trial after submitting last year on a defense motion for a new trial following appeal questions on a voir dire question during jury selection.
The jury reached a verdict following eight days of testimony. Stoddard faces a maximum possible prison term of 40 years. The Honorable Kaye Allison will sentence Stoddard on June 16, 2008 following a pre-sentence investigation. Details:
A Baltimore City jury convicted Stoddard March 13, 2003 of second-degree murder and child abuse resulting in death for the death of Calen Faith Dirubbo, 3, and Stoddard began serving a 60-year prison term. The Court of Appeals later vacated the conviction noting that a particular question during the original trial constituted inadmissible hearsay. The case was returned for a new trial.Julie Drake, Chief of the Felony Family Violence Division, and Assistant State’s Attorney Jeremy Eldridge prosecuted this case.
On May 16, 2007 Stoddard was again convicted of second-degree murder and child-abuse resulting in death. However, the State submitted on a defense motion for a new trial and on July 5, 2007 a Baltimore Circuit Court judge vacated Stoddard’s second-degree murder conviction, citing a voir dire question not asked of prospective jurors before last year’s trial.
On June 15, 2002 Dirubbo was pronounced dead at her home, where she lived with her mother and Stoddard. Dirubbo died as a result of multiple beatings over a period of at least a month; the fatal blow occurred June 15, 2002 and severed her bowel. The State proved through detailed medical evidence that Stoddard was the only person who had custody of Dirubbo when the fatal blow occurred. The third trial occurred with the State missing a key State witness, Calen’s grandfather, who passed away earlier this year. His testimony from an earlier trial was read into the court record last week.