BALTIMORE (Map, News) - The Maryland Gang Act of 2007 was supposed to allow prosecutors to crack down on the state’s growing problem of criminal street gangs. So it’s logical to assume that more than three months after the law took effect on Oct. 1, prosecutors would be using the act to press charges against gang members.

Right? Wrong.

An Examiner survey of Maryland’s largest jurisdictions — including gang-plagued Baltimore City and Prince George’s County — produced zero cases in which prosecutors have filed charges using the new law.

“It's useless,” said Margaret Burns, a spokeswoman for prosecutors in Baltimore City, where authorities have documented 2,600 gang members. “I don’t know if anybody else is using it, but we haven’t. It's basically not helpful to prosecutors at all.”

Attorney General Doug Gansler and Maryland State’s Attorney’s Association President Scott Patterson wrote in a Jan. 1 letter to state Senate President Thomas Mike Miller that the Gang Act needs to be amended to truly be effective.

“Although this was an historic first step forward in the state’s battle against criminal gang activity, we believe these efforts fell short in a number of important respects,” they wrote.

Under Gansler’s recommendations, the law would expand to include destruction of property, second-degree assault, pandering and gambling among other crimes. It also would allow for property seizure from gang members and for 16-year-olds to be tried as adults.

Perhaps the most important proposed change in the law is an order for judges to hand down consecutive — rather than concurrent — sentences for convicted gang members.

“The impact of the gang prosecution act is substantially diminished without this change,” they wrote.

Jason Abbott, chief of the gang unit in the Maryland Attorney General’s Office, said the changes would make the act much more useful for police and prosecutors.

“We’re trying to expand the net in which we can prosecute gang members,” he said. “It's a really small net right now.”

lbroadwater@baltimoreexaminer.com

Comments from Examiner Readers

8:36 AM MST on Sun., Mar. 30, 2008 re: "Prosecutors frustrated with bills not passed"

Examiner Reader said:
Only republicans thought the so-called, anti-gang bills were worthwhile. No democrats supported them--guess O'Malley wasn't pushing those 4 bills.

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10:59 AM MST on Tue., Feb. 26, 2008 re: "Indictment includes glossary of gang slang"

Winner said:
There is a limit to which man can bear no more taxes. Sound bites, Cool.

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5:15 PM MST on Tue., Feb. 12, 2008 re: "Gang bills may get �some teeth�"

D said:
NO more taxes.

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5:04 PM MST on Tue., Feb. 12, 2008 re: "Gang bills may get �some teeth�"

Examiner Reader said:
Move the trials to Western Md or the shore where criminals are handled and not cuddled as they are in Balt City and County

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4:22 PM MST on Tue., Feb. 12, 2008 re: "Gang bills may get �some teeth�"

AnOnYmOuSiSbAcK said:
It's not let they're gonna pay attention to the law when they can just unite with other gang members in jail. Also some get credit in jail. Like a merit credit, and they'll just get out and start back where they left off when they get. IF their native gang still exists.

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3:59 PM MST on Tue., Feb. 12, 2008 re: "Gang bills may get �some teeth�"

Oracle said:
Gang activity will continue to flourish unfettered by prosecution until a prominent politician or their family is killed by a gang. The rest of us will continue to be nothing more than "prey" for the gang animals. Advice to the wise: leave Maryland as soon as possible. You may live longer.

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6:21 AM MST on Tue., Feb. 12, 2008 re: "Gang bills may get �some teeth�"

Examiner Reader said:
Baltimore City has a BIG problem with Gangs. The city has turned a blind eye to it for years allowing it to gorw! Now they are faced with an uphill battle. All the parts for and equation of large scale disaster are in place. DIXON has to act now and take back the city. We can plant trees later!!!!!!

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9:47 PM MST on Thu., Jan. 10, 2008 re: "Maryland Gang Act called �useless�"

Examiner Reader said:
here's a thought: end the drug war that's impossible to win. wars end. let the law enforcement/penal system put away violent people instead of routinely turning them back onto the corners to maim and kill again or be killed.

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8:42 PM MST on Thu., Jan. 10, 2008 re: "Maryland Gang Act called �useless�"

Scared In Baltimore County said:
Baltimore County is raging with gang members. And stupid assed Jim Smith is either too much of a coward to admit to it or too stupid to see them in front of his house. HELLLLOOOOOOOO? Can't Smitty notice the increase in crime by the Bloods?

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5:35 PM MST on Thu., Jan. 10, 2008 re: "Maryland Gang Act called �useless�"

Examiner Reader said:
Examiner erased another reader's comment regarding Examiner's censorship. What's up Examiner?

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2:40 PM MST on Thu., Jan. 10, 2008 re: "Maryland Gang Act called �useless�"

Examiner Reader said:
What's "uselesss" are prosecutors that are too incompetent to prosecute cases.

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2:39 PM MST on Thu., Jan. 10, 2008 re: "Maryland Gang Act called �useless�"

Examiner Reader said:
This paper prints stuff handed to them by that omalley stalking site. what do you expect?

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9:24 AM MST on Thu., Jan. 10, 2008 re: "Maryland Gang Act called �useless,� changes proposed"

Examiner Reader said:
Here's a novel idea, prosecute juveniles and adults under existing laws for 2nd degree assault, pandering and gamling, malicious destruction of property, etc. Seize property of all the drug dealers. Or, is the problem with both Gansler and Jessamy that they are incompetent prosecutors that could not try a case to save their lives?!

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8:20 AM MST on Thu., Jan. 10, 2008 re: "Maryland Gang Act called �useless,� changes proposed"

Examiner Reader said:
Why did you erase my comment regarding the fact that Gansler and Jessamy have not attempted any prosecutions yet are complaining prematurely. And that gansler has been sanctioned in the past, regarding the Montgomery County Sniper case, by the Attorney Grievance Commission for his grandstanding. Want me me to post the case number? Why the censorship?

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7:59 AM MST on Thu., Jan. 10, 2008 re: "Maryland Gang Act called �useless,� changes proposed"

Examiner Reader said:
The Maryland Gang Act of 2007 was typical, unnecessary, feel good, Liberal legislation. It allows a failed judicial system to make excuses and hide the truth. The people committing the bulk of the gang crime are under 18. Liberal lawmakers long ago gutted the justice system�s ability to prosecute young adults as real criminals; and in the rare case when they are tried as adults, Liberal judges typically let �the children� off with a slap on the wrist. However, this is what the voters of Maryland have elected year after year, decade after decade. The mayhem and pain the people of Maryland reap is self imposed and well deserved. As a sanctuary state, the gang problem will only get worse. Maryland voters are fools, with the biggest fools in Baltimore City.

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6:39 AM MST on Thu., Jan. 10, 2008 re: "Maryland Gang Act called �useless,� changes proposed"

John Lewis said:
This legislation is as effective as the clowns who wrote and passed it. What else can we expect from Annapolis but doggerel bills, secret sessions and taxes.

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3:36 AM MST on Thu., Jan. 10, 2008 re: "Maryland Gang Act called �useless,� changes proposed"

Examiner Reader said:
As a retired court reporter for almost thirty years, I can say without reservation that it is going to be very difficult for the judges here in Maryland to render consecutive sentences. My experience has been that concurrent sentences with a portion being suspended are the norm; and I attribute that to the fact that because of Maryland politics our judges are of the liberal mind.

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