Today in Baltimore City Circuit Court bail reviews: Judge Sampson is presiding. Sounds like ASA Linda Ramirez will be handling most of the docket.
CASE 1: a man who has been approved for Drug Court. The state has made an offer of probation. He has been in jail for 9 months, w/2 COVID-related postponements. He has children at home who were being taken care of by someone during his incarceration, and CPS has now removed them.
ASA Michael Turiello says the state will agree to release but they want electronic monitoring. Pretrial defers to the state. Judge Sampson asks if the defense atty has had him screened for private home detention, defense atty wants to avoid the financial burden of those fees.
He needs to conserve his resources to try to get his kids back. Judge Sampson orders private home detention/monitoring.
CASE 2: a man who was accused of violating probation based on an arrest for a charge that has now been nolle pros’ed, but he is still being held on the VOP. Pretrial recommends ROR with probation supervision.
ASA Ramirez brings up a matter that she “believes” is pending in another jurisdiction. She implies that since the nolle pros was due to the complaining witness not cooperating, it counts less as a nolle pros. State wants private home detention.
Judge Sampson orders ROR with probation supervision.
CASE 3: a young man charged with a VOP based on being charged in 2019 in a case in the county where the complaining witness hasn’t had any contact with the state for a year. He’s been on paid home detention the whole time and is seeking ROR.
Judge Sampson expresses concern about the new charges, defense atty adds that the complaining witness has actually recanted and was charged in the county with making a false statement. Judge Sampson denies the modification.
ASA Ramirez jumps in to say that she believes his home detention is supposed to be a 24/7 lockdown and wants to know why the man is working, defense atty says the order allows him to work.
CASE 4: a man who was charged with a VOP because he was charged in a new case that has now been stetted. He has been on private home detention and is seeking ROR. Pretrial recommends the modification be denied.
ASA Ramirez says the state opposes the modification. Judge Sampson asks what the allegation is in the stetted case, Ramirez answers. Judge Sampson asks if the state will go forward on the VOP, she says she doesn’t know (?). Judge Sampson orders ROR with parole supervision.
CASE 5: a man who has been on private home detention with 24/7 lockdown. The judge who ordered it told him if he could provide proof of employment, the court would consider a modification.
ASA Steve Kroll recites allegations as facts. State opposes the modification. Pretrial makes no recommendation. Judge Sampson doesn’t like his employer’s letterhead so he denies the modification.
CASE 6: a man whose case was supposed to be set before a visiting judge - Judge Jackson couldn’t hear it last week bc it involves a judge he knows. Judge Sampson also knows the judge but says all judges know each other and he’ll hear it.
Defense atty says he has already served more time than he would if he were convicted on the VOP. ASA Ramirez concurs and says the state will agree to ROR on that charge, Judge Sampson orders same.
On the underlying charge, defense atty explains that the allegation is unprovable bc their entire case is based on a FB message from another person and a FB photo. They can’t be authenticated. She says the state plans to have an “expert” ID items in the photo by looking at it.
There is no science behind this kind of ID and the state can’t prevail. ASA Steve Kroll recites these absurd allegations as facts. Judge Sampson clearly indicates he accepts that these allegations are true and denies the modification.
CASE 7: a young man with asthma who is being held in a facility where he is at risk of contracting COVID. Pretrial recommends ROR with probation supervision.
ASA Ramirez says the state will agree to pretrial’s recommendation. Judge Sampson orders ROR with probation supervision.
CASE 8: a man who has been held without bail since winter 2019. His trial won’t be til early 2021 at the earliest. State’s case relies only on 2 witnesses, one of whom didn’t identify anyone at all.
That witness saw someone wearing a ski mask covering their face. The second witness first couldn’t ID anyone, but then after looking at a BPD photo array (that violated BPD’s own policies on double-blind arrays) picked out this man.
Defense atty points out this makes no sense given the ski mask. Pretrial recommends HWOB. ASA Ramirez can’t answer the Judge Sampson’s question about defense’s info about the witnesses bc she’s not the assigned ASA, but Sampson orders HWOB anyway.
CASE 9: a young man who is on institutional home detention while awaiting a hearing where he will enter a plea. He is seeking a modification that will allow him to re-enroll in high school and attend church. Defense atty says this is a drugs-only case.
Pretrial notes that one of the pending cases is a marijuana case and recommends ROR with probation supervision. ASA Ramirez says the state opposes the modification. Judge Sampson orders ROR with probation supervision.
That’s the end of the docket.
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Today in Baltimore City bail reviews: Judge Sampson is presiding. Sounds like no defendants will be present.
Todd Oppenheim from OPD making a statement to be applied to all their cases on this docket. He’s addressing the factors in Judge Barbera’s order.
He notes the nationwide resurgence of COVID. Says trial dates in MD are “aspirational,” and defendants are not getting effective assistance of counsel.
Several defendants whose cases were heard on 5/1 are being held pretrial at JCI, including one who is housed directly under the unit where sick prisoners are housed - there are holes in the floor and he can talk to the patients right above him.
JCI is on lockdown 23.5 hours a day. The half hour is all of the time people get out of their cells, so it has to be used for showering and phone calls (incl calls to counsel), so people are having to choose between hygiene and contact with attorneys, family, etc.
Among multiple other upsetting events in today’s Baltimore City bail review hearings, Marilyn Mosby’s office argued to continue holding a teenage defendant because “just because someone is paralyzed doesn’t mean they can’t get around and aren’t a threat to public safety.”
This defendant is an 18 year old who was paralyzed when he was shot in the spine. State claims a gun was found under him at the scene. He was treated at Shock Trauma, moved to a facility for physical rehab, and then taken to the infirmary at MTC.
The infirmary at MTC neglected him so egregiously that he had to be transported back to Shock Trauma for bedsores. After they were debrided, he was sent back to the same infirmary, where he is still being held.
Thread on city bail reviews from 4/24. Again, only observations on some cases where information was available. Multiple prosecutors and defense attorneys participated. The proceedings were overseen by Judge Althea Handy, herself a former prosecutor.
A 21 yo defendant was released to pre-trial with 6/16/20 trial date. Incarcerated since Jan, state argued for him to be held despite offering plea deal for 6 mos and telling def. atty that in front of Judge Phinn they would offer time served next week. ASA was Michael Dunty.
Another def, accused of "assisting someone stabbing a victim" and incarcerated since Nov, was held as a danger to society. This is despite health factors that include a TBI & asthma. Handy noted TBI isnt a covid risk factor, however, said nothing about his asthma. 1/2
We heard today from a woman who was recently released from MCIW who relayed some info about the conditions there:
She learned from someone still housed there that entire nursing staff walked off after the facility failed to provide them with PPE like masks and gloves.
As of last week, there were 3 confirmed cases of COVID-19 in the facility. Women incarcerated there have been told they cannot turn in sick calls for any concerns unrelated to COVID-19.
We talked with our friends at @OpenJusticeBalt today about Marilyn Mosby's performance of demanding Hogan release prisoners. Here's what we learned.
@OpenJusticeBalt We asked for data on people charged in the last three weeks, a time period we chose because it's about a week after residents and officials started panicking in earnest about COVID-19.
OJB queried the available databases and found 205 cases of newly-charged people and 68 cases involving warrants going before commissioners between 3/23 and 4/10.