CHANGE MY LOCATION
Premeditation could mean death for man
SEE THE LATEST ON THIS STORY
Related Topics: BALTIMORE
BALTIMORE (Map, News) - A Howard Circuit jury today is expected to decide whether a state prisoner shot to death a correctional officer as part of planned escape — a determination which could make him eligible for the death penalty.
“We’re talking about the difference between a capital case and a regular old murder case,” said Arcangelo Tuminelli, who is representing Brandon Morris, 22, of Baltimore City.
Closing arguments were given Thursday before retired Anne Arundel Judge Joseph Manck in Howard Circuit Court. Morris faces three separate murder charges.
Tuminelli said Morris shot correctional Officer Jeffery Wroten, who was guarding him Jan. 26, 2006, at Washington County Hospital, but it was not part of a plan.
But prosecutors said Morris, an inmate at Roxbury Correctional Institution in Hagerstown, stabbed himself with a sewing needle to get to the hospital and escape. Morris also in separate incidents swallowed a razor blade and stabbed himself in the leg, which prosecutors said “established a pattern.”
Washington County Deputy State’s Attorney Joseph Michael said Morris, a “slight” man, could not have wrestled to the ground Wroten, who weighed about 430 pounds, without a plan.
Michael said Morris did not request pain medication after 3 p.m. Jan. 25, so he would be alert, and he asked to use the restroom several times.
Morris also planned to take a civilian hostage, because she would have car keys and money, Michael said.
Nurse Rachel Yeagy’s testimony about Morris holding a gun to Wroten’s head was compelling, he said.
“What better evidence of the intent to kill than the statement, ‘I’m going to kill you?’” Michael asked.
Tuminelli said Michael was making “frivolous speculation.”
But he said Wroten was startled and reached for his gun when Morris, a Muslim, sat up in bed to pray.
He said the confrontation could have lead to a struggle in which the gun went off. Such an incident would only be second-degree murder.
Tuminelli called Yeagy “ a classic example of witnesses under extreme stress ... who fills in the blanks.”
cpeirce@baltimoreexaminer.com
Comments from Examiner Readers
6:57 AM MST on Thu., Jan. 31, 2008 re: "Victim’s family angry over life sentence"
Report as inappropriate
3:51 PM MST on Tue., Jan. 29, 2008
re: "Victim’s family angry over life sentence"
Report as inappropriate
3:04 PM MST on Tue., Jan. 29, 2008
re: "Victim’s family angry over life sentence"
Report as inappropriate
2:43 PM MST on Tue., Jan. 29, 2008
re: "Victim’s family angry over life sentence"
Report as inappropriate
2:21 PM MST on Tue., Jan. 29, 2008
re: "Victim’s family angry over life sentence"
Report as inappropriate
10:29 AM MST on Tue., Jan. 29, 2008
re: "Victim’s family angry over life sentence for inmate convicted in murder trial"
Report as inappropriate
8:31 AM MST on Tue., Jan. 29, 2008
re: "Victim’s family angry over life sentence for inmate convicted in murder trial"
Report as inappropriate
8:16 AM MST on Tue., Jan. 29, 2008
re: "Victim’s family angry over life sentence for inmate convicted in murder trial"
Report as inappropriate
7:48 AM MST on Tue., Jan. 29, 2008
re: "Victim’s family angry over life sentence for inmate convicted in murder trial"
Report as inappropriate
7:13 AM MST on Tue., Jan. 29, 2008
re: "Victim’s family angry over life sentence for inmate convicted in murder trial"
Report as inappropriate
7:01 AM MST on Tue., Jan. 29, 2008
re: "Victim’s family angry over life sentence for inmate convicted in murder trial"
Report as inappropriate
6:31 AM MST on Tue., Jan. 29, 2008
re: "Victim’s family angry over life sentence for inmate convicted in murder trial"
Report as inappropriate
4:59 AM MST on Tue., Jan. 29, 2008
re: "Murderer chooses judge over jury"
Report as inappropriate
4:49 AM MST on Tue., Jan. 29, 2008
re: "Victim’s family angry over life sentence for inmate convicted in murder trial"
Report as inappropriate
9:21 AM MST on Wed., Jan. 23, 2008
re: "Murderer chooses judge over jury"
Report as inappropriate
8:32 AM MST on Wed., Jan. 23, 2008
re: "Murderer chooses judge over jury"
Report as inappropriate
3:02 PM MST on Mon., Jan. 21, 2008
re: "Morris guilty of murder"
Report as inappropriate
3:07 PM MST on Sat., Jan. 19, 2008
re: "Morris guilty of murder"
Report as inappropriate
7:42 AM MST on Sat., Jan. 19, 2008
re: "Attorney may testify for Morris"
Report as inappropriate
9:11 PM MST on Fri., Jan. 18, 2008
re: "Morris guilty of murder"
Report as inappropriate
7:28 PM MST on Fri., Jan. 18, 2008
re: "Morris guilty of murder"
Report as inappropriate
5:24 PM MST on Fri., Jan. 18, 2008
re: "Morris guilty of murder"
Report as inappropriate
3:55 PM MST on Fri., Jan. 18, 2008
re: "Morris guilty of murder"
Report as inappropriate
3:41 PM MST on Fri., Jan. 18, 2008
re: "Morris guilty of murder"
Report as inappropriate
2:09 PM MST on Fri., Jan. 18, 2008
re: "Morris guilty of murder"
Report as inappropriate
1:53 PM MST on Fri., Jan. 18, 2008
re: "Premeditation could mean death for man"
Report as inappropriate
6:57 AM MST on Fri., Jan. 18, 2008
re: "Premeditation could mean death for man"
Report as inappropriate
6:28 AM MST on Fri., Jan. 18, 2008
re: "Premeditation could mean death for man"
Report as inappropriate
7:46 PM MST on Wed., Jan. 16, 2008
re: "Defense: Inquiry of inmate incomplete"
Report as inappropriate
12:37 PM MST on Sat., Dec. 22, 2007
re: "Inmate’s attempted prison break no admission of guilt, judge says"
Report as inappropriate
Examiner Reader said:
More taxes for Maryland
117 agree | 99 disagree
Vote on this comment: I agree or I disagree
Retired DOC Supervisor said:
What a shame! This murderer is going to lay around in prison watch T.V, have three meals per day, have all medical needs taken care of; while harassing correctional officers around the clock and bragging to inamates about how Officer Worten begged for his life while pulling the trigger......the Governor must impose the death penalty in these cases. If not this will only happen again!
102 agree | 117 disagree
Vote on this comment: I agree or I disagree
Rocko the Magnificent said:
In several years the courts of Maryland will declare life without the possibility of parole a cruel and unusual punishment. Following that ruling, all of the criminals serving that sentence will have their sentences commuted to life imprisonment. All of those that have served more than 20 years will likely be released. Mark my words, this is how it is going to go.
107 agree | 125 disagree
Vote on this comment: I agree or I disagree
Examiner Reader said:
That judge and the killers lawyer should spend about 40 years each with him in jail - no justice at all. Next time he self inflicts a wound, let him die. No hospital.
123 agree | 109 disagree
Vote on this comment: I agree or I disagree
Tax Free Marylander said:
and what will happen to the poor family in carrol county that found their husband, father, and friend savagely beaten to death with a fire exstinquisher? is this how we want our loved ones remembered? my heart goes out to every man, woman, and child who had to bury their loved ones and then sit back and watch the MD judicial politicrates impose "their" idea of justice. Shame on you Circuit Judge Joseph Manck, as a judge you should have removed yourself from presiding over the hearing phase because you allowed your personal feelings persuade your judgement. Remember the victims were not the ones who wanted to have their lives taken from them. And it is always the families what are left to pick up the pieces. May God comfort the hearts of all who anguish and allow the deceased to continue the work of the Lord.
110 agree | 120 disagree
Vote on this comment: I agree or I disagree
Again said:
Being a former correctional officer the sad thing is he will be a hero to inmates. He took out "da police". We live in a very sad society.
101 agree | 76 disagree
Vote on this comment: I agree or I disagree
Examiner Reader said:
Here it goes again - nothing for the victims. What a State. If it was a relative of a judicial/legislator, I bet things would be different.
118 agree | 99 disagree
Vote on this comment: I agree or I disagree
NORM said:
If ever there was a clear case for the death penalty, this was it! A life sentence means NOTHING for a career criminal that's already serving a long prison sentence. At the very least he should have to serve the rest of his life in solitary. I've grown so tired of the Maryland judicial system being so easy on criminals! People wonder why crime as increased all over Maryland and this is just one in a very very long list of examples. I think citizen of Maryland are realizing that if they're a victim of a crime they'll get NO JUSTICE and will be forced to take whatever happens to them. This injustice is the breeding ground for a strong backlash!
123 agree | 94 disagree
Vote on this comment: I agree or I disagree
Examiner Reader said:
liberalism is out of control. Let's admit it. These guards are the only thing in between us and the criminals. And we can't even protect them. Liberals are living in a fantasy world. I still can't believe that the Sun ran two side by side editorials both arguing that whoever murdered the young man from the Algebra Project was the real victim. They don't even know who did it, and yet they're going on about how he came from a broken home.
124 agree | 93 disagree
Vote on this comment: I agree or I disagree
Examiner Reader said:
The judge is disingenuous. He didn't ask the family what they wanted. He rationalized a decision to suit his lack of judicial courage (a typical Maryland criminal friendly decision). The family will be back in court anyway because Morris will be fighting his "without parole" sentence too. Manck need to be voted off the bench.
114 agree | 84 disagree
Vote on this comment: I agree or I disagree
Examiner Reader said:
he was found guilty. noo doubt about it. he should be given until friday to settle his affairs. then taken out in back of the prison and shot. along with the worthless lawyer who defended him.
103 agree | 79 disagree
Vote on this comment: I agree or I disagree
Examiner Reader said:
The judge is not to blame here. The blame lies with a Legislature and Governor who refuse to allow swift execution because too many criminals of a certain ethnicity would be 100% guaranteed to never again commit a crime.
100 agree | 92 disagree
Vote on this comment: I agree or I disagree
livewiremd said:
The saddest thing about this topic is that there are some people here who are actually supporting this piece of garbage.
96 agree | 106 disagree
Vote on this comment: I agree or I disagree
richard f said:
I feel their pain but look at the other side of the coin.For the next 20 to 30 years they would have to deal with his appeals.It would cost the tax payers millions by the time the appeal process was over.The only people who stand to gain are the lawyers.
107 agree | 109 disagree
Vote on this comment: I agree or I disagree
Oracle said:
Oracle predicts: Morris will get "life without the possibility of parole". In 12 years a liberal "prisoners rights" group will have the verdict overturned on appeal. Morris will get a new trial and be found not guilty. He will become a celebrity, write a book and be the darling of the leftist media. He will appear on "Oprah" and "60 Minutes". His book will be made into a movie which will win an Oscar.
101 agree | 100 disagree
Vote on this comment: I agree or I disagree
Examiner Reader said:
I am so glad the trial was not in baltimore. he may have went free with 75 years suspended and time served.
117 agree | 94 disagree
Vote on this comment: I agree or I disagree
Examiner Reader said:
If Morris lived in a Muslim state, as he professes to be a Muslim, ie the Middle East, his professed faith would remove his head from his body within a week. Too bad we do not have some Middle Eastern values in the United States. Oh by the way, the family would have to pay the executioner as to how clean the cut would be. Instead he'll reside in some comfort at the cost of the tax payers of Maryland.
106 agree | 102 disagree
Vote on this comment: I agree or I disagree
Examiner Reader said:
i am so glad the system came though,he deserve to die and soon it a shame what this amimal did to a good person and i hope tax payers does not surrport him long he should soon.
93 agree | 97 disagree
Vote on this comment: I agree or I disagree
Examiner Reader said:
Kill him thats one less thug we have to worry about.Why should we have to pay for this thug to live in prison for the rest of his life.Prison is just another way of life for these thugs.Kill him and bring this correctional officers family some kind of closer. This man didn't get to live his life so why should his murderer.
110 agree | 119 disagree
Vote on this comment: I agree or I disagree
Marlowe said: said:
Are you kidding me? He's a piece of trash, and i honestly can't say that any time in prison will make him a productive citizen. If you give him life in prison, you're going to make life difficult for the honest correctional officers who have to deal with him. And if he's doing life, and decides to do what he did again, how will you punish him? By giving him double life? Please, put him out of his misery.....
117 agree | 96 disagree
Vote on this comment: I agree or I disagree
The Undertaker said:
This guy doesn't deserve to live among us. Still, I don't think we should lower ourselves to his level by murdering him. I understand how the prison officers feel. Nevertheless, I cannot justify the death penalty.
95 agree | 92 disagree
Vote on this comment: I agree or I disagree
Retired Md CO Baltimore Region said:
he's eligable for the death penalty, oh right in about 40years when he dies from natural causes. he's gonna a burden on society for that length of time since MD won't use the death penalty anymore thanks to Martin O Inmate Lover, let me have a minute with him, won't cost the state or tax payers a cent...anymore!!
109 agree | 94 disagree
Vote on this comment: I agree or I disagree
Examiner Reader said:
Morris will have to decide Tuesday if he wants to be sentenced by Judge or Jury.Give us a break this murderer should not be aloud to decide anything.Let the victims family decide.Found guilty of premeditated murder and still gets to make decisions.What a screwed up justice system.The only decision he should be able to make is how he wants to die.
107 agree | 107 disagree
Vote on this comment: I agree or I disagree
Examiner Reader said:
Morris's defence lawyer said he had a difficult life.Well guess what so did alot of other people and they did not turn into a worthless piece of st*t.This low life thug should be put to death yesterday.He won't be put to death because O'mally is on his side.
106 agree | 91 disagree
Vote on this comment: I agree or I disagree
Examiner Reader said:
I'll pull the switch on this one for free!
115 agree | 98 disagree
Vote on this comment: I agree or I disagree
Examiner Reader said:
A death due to someone committing a felony (i.e., attempting escape from incarceration) is by definition pre-meditated murder.
116 agree | 105 disagree
Vote on this comment: I agree or I disagree
Examiner Reader said:
How in the world can this not be premeditation?How can anyone defend a killer thug?The system is all for the criminals rights.The victims and their family's are nothing to the system.Mean while these scumbags get 3 meals a day.Cell phones.tv's.money,visits,yard time and the get out of jail card comes next.These lowlifes have records a mile long and the system allows them to get longer.I'm 100 % for the death penalty,I for one would love to kill the murderers who took the life of our loved one.Just let me at them I'd kill them all.Put Ed Norris back in charge and he will make a differents in our crime rate.This thug looked into the tv cameras and spit in our faces.He don't deserve to even be seen on camera.The only thing he deserves is DEATH.If O'mally had to pay the tab this murderer would have been dead and so would all the others.
104 agree | 109 disagree
Vote on this comment: I agree or I disagree
Examiner Reader said:
yo'malley will not sign a death warrant. and the court of appeals continues to find reasons to give killers new trials or sentencing hearings. i agree wit 4:25 a.m.
99 agree | 92 disagree
Vote on this comment: I agree or I disagree
Examiner Reader said:
Examiner needs to hire fact checkers. I still trust Examiner more than Sun. But my trust is waning.
126 agree | 101 disagree
Vote on this comment: I agree or I disagree
The Undertaker said:
Manck is actually an AA County judge. Come on Examiner, if you don't get the basic facts right how can we trust you with getting the big facts right?
124 agree | 107 disagree
Vote on this comment: I agree or I disagree