Jessamy: ‘Convoluted’ laws hurt crime fighting in Baltimore City
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Baltimore City State’s Attorney Patricia Jessamy, pictured with Maryland’s U.S. Attorney Rod Rosenstein, announces the indictment of eight people on heroin distribution charges in Baltimore on June 25, 2007.
(Examiner File)
Baltimore City State’s Attorney Patricia Jessamy, pictured with Maryland’s U.S. Attorney Rod Rosenstein, announces the indictment of eight people on heroin distribution charges in Baltimore on June 25, 2007.

BALTIMORE (Map, News) - She’s one of Baltimore City’s biggest personalities, never afraid to clash with powerful politicians or call out the city’s most dangerous thugs.

A Mississippi native, Patricia Jessamy, 59, has been Baltimore’s state’s attorney for the past 12 years after an eight-year stint as deputy state’s attorney.

She spoke with The Examiner about the state of crime in Baltimore City and the challenges her office faces.

Robert Loney made news last year in a standoff with a city police SWAT team. However, your prosecutors had won a conviction against Loney in 2004, in which he was sentenced to five years in prison without the possibility of parole. Yet he was out on the streets. What happened?

He had been convicted and got what we thought was five years with no parole. We’re hoping to get a bill passed that will address this. Right now, if you are convicted of being in possession illegally of a handgun as a felon — that’s not considered a crime of violence. As a result, you get more diminution [good time] credits than individuals who are convicted of crimes of violence. That’s in essence what we want to have stopped. We want to have it reduced to five days a month of diminution credits. Now, they’re eligible for up to 20 days a month.

What else should change?

We have two other bills we’re supporting. One asks that individuals who have their guns lost or stolen report that. That’s just common sense. Guns are lethal weapons, and [owning] a gun is a privilege. Another bill has to do with final protective orders: We’ve had a number of situations over the past year where individuals who should be prohibited from possessing a gun would get a long gun [rifle, shotgun] and kill their entire family. A person who has a final protective order should be prohibited from possession of any firearm, whether it’s a regulated or unregulated gun.

Is it true that if I was convicted of murder, I could still — under state law — buy a hunting rifle?

It depends. Right now, because we have certain firearms that are regulated, those are the only firearms for a large segment of prohibited persons that they cannot own or possess. But we have all kinds of different statutes and federal laws that conflict with the state laws. The ways the laws are written, they’re all convoluted. We’re trying to close some of those loopholes and gaps.

[Jessamy’s spokeswoman, Margaret Burns: There have been cases where a person is a convicted felon and they’re walking down the street with a long gun, and we’ve had to throw out those charges in state court. You can be a convicted felon and legally possess a shotgun in Maryland.]

You’ve said some bail bondsmen are making a “mockery” of the criminal justice system. What did you mean by that?

What the law requires is, if they write a bail, they [take from the suspect] 10 percent. Now they can take a promissory note for any amount. So say they ask a defendant to pay 1 percent and they take a promissory note for 9 percent. The promissory note may not ever be acted upon. So, an individual who should, according to the law, post 10 percent gets out on 1 percent. That’s not the intent of the law. It’s a circumvention of the law. It’s a total travesty.

You’ve also been critical of the Gang Act of 2007, which was supposed to toughen penalties on gang members. Why?

The gang law passed last year has no teeth. I don’t know of anyone who’s used it.

Maryland Attorney General Doug Gansler told me that legislators gave the proposed bill to a group of defense attorneys who gutted it.

That’s a shame that we have defense attorneys writing the laws they want prosecutors to enforce. Gangs are a very serious problem for our community, and we all need to be on the same page. There are no areas of our state that gangs do not permeate.

Your office recently released your annual gun-prosecution statistics, which indicated that judges are undercutting your sentencing recommendations 25 percent less. Why do you think that is?

Now that the courts have been reconfigured, we’re trying more cases. I just saw one of my [gun] prosecutors in the hall this morning and she said, ‘Mrs. Jessamy, we’re tired.’ We’re also getting better cases from the police. And judges have become aware of what it is we’re attempting to do. We’re trying to let them know what our gun priorities are — so they undercut us less, because they’re more educated on the subject.

There are still more dropped charges than convictions on gun crimes. What do those statistics tell you?

I’ve never been one who has been in favor of some of these things like CityStat, because it seemed like all you were doing was chasing your tail. People would get there, and they’d be pointing their fingers at each other, talking about who wasn’t doing what. We do GunStat differently. We’re looking behind the numbers. One example is the police’s failure-to-appear rate. There’s some real positive stuff going on with that. We’re not just there looking at the numbers and saying this person wasn’t convicted so it’s your fault. We’re looking at why he wasn’t convicted and what we can do to improve it.

You’ve said you’re also concerned that the police department has pulled two investigators, who help track down witnesses for shooting cases.

Over the last eight or nine months, we haven’t had our witness locators for the FIVE [gun] unit, so we’re hopeful the commissioner will give them back to us. We lost those two officers for a while.

What's the matter with CityStat or StateStat, programs that numerically track efficiency of government?

Unless you are improving things, then what’s the point? It’s a lot of wasted time and energy. If you’re just going to be looking at numbers and then accusing somebody of having done or not done something, you really haven’t gotten into what’s wrong with the system. So what you have is smoke and mirrors. What’s happening now is real substance.

Do you believe Mayor Sheila Dixon’s approach to crime fighting is better than former Mayor Martin O’Malley’s?

Her approach shows she’s interested in working with problems and not just promoting the appearance of problem solving.

You review each police-involved shooting personally. Have you taken a look at the shooting of Edward Lamont Hunt, who witnesses say was unarmed and shot in the back by an officer?

I haven’t reviewed it yet.

How many times have you taken a case like that to a grand jury?

Just a few times. We had one indictment, and there was a conviction for involuntary manslaughter many years ago. You have to find out if an officer has acted with criminal intent.

Why do you think the homicide rate is going down this year?

We are all communicating now. One of the best things the mayor did when she came in was to stop this zero-tolerance stuff. I don’t think that was doing any useful good to the community. We can’t arrest every citizen in our city and expect to positively impact crime. It has unintended consequences. We can’t be all things to all people. We have limited resources, and that means directing them to the people who make our community unsafe — the violent repeat offenders. Now we’re more strategic.

lbroadwater@baltimoreexaminer.com


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8:28 PM MST on Sun., Mar. 30, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting in Baltimore City"

Examiner Reader said:
Owning a firearm is a privilege? It's my right! If more law-abiding people were permitted to carry, violent crime would drop. How many times do you hear of a law-abiding person who is permitted to carry a firearm, committing a crime? The answer is NONE! It's always the convicted criminals or those persons who are not licensed to carry who are committing crimes with guns!! ------NO, a person who is convicted of murder cannot legally purchase a rifle or shotgun in Maryland. There is an instant-check with the Maryland State Police when you purchase any rifle or shotgun. If you are a convict, you are not approved for the purchase. Jessamy is unaware of this???? Comeon, give us a break!!

1 agree | 0 disagree
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10:54 PM MST on Mon., Mar. 24, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting in Baltimore City"

Examiner Reader said:
This city needs a special group of men to go in and clean up the filthy unlawful out of control crinimals I mean hit them hard so they will never come back.Even if it means taking the liberals with them.

2 agree | 0 disagree
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7:15 PM MST on Mon., Mar. 24, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting in Baltimore City"

Examiner Reader said:
Yes poor Puddy didn't do anything and they want to take him/her away to be destroyed or given to a zoo or something where it would not be cared for as well as where it is now. Dam ilegels in this country have more rights than even an animal that is born in the USA. Our whole system in this state is broken , along with the school system . Seems like anything that's run by democrates is broken.Including the taxpayers back.

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2:46 PM MST on Mon., Mar. 24, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting in Baltimore City"

Reader said:
Ah, cmon. Buy Puddy the lynx a new cage.

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1:39 PM MST on Mon., Mar. 24, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting in Baltimore City"

gking98 said:
Lock up criminals, not Puddy the Lynx.

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10:47 AM MST on Mon., Mar. 24, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting in Baltimore City"

Examiner Reader said:
Drug dealers on every corner make crime fighting hard. Sixty percent addiction or drug use by City residents also make it hard. The call for racism everytime a black drug dealer or user is arrested also adds to the concern. The fact that many in the city have one parent and do not know their baby's father also adds to the problem. The cityis much much fifferent than Sadam and gamora. Perhaps god needs to use his hand as he did in bible times.

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10:46 AM MST on Mon., Mar. 24, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting in Baltimore City"

Examiner Reader in Louisiana said:
"Guns are lethal weapons, and [owning] a gun is a privilege." Where in the United States constitution Bill of Rights does it read such Liberal Bull-Mess? A Privilege I don't think so - A Right - I know so. Maryland - keep electing this kind and you are closer to having no rights at all.

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9:09 AM MST on Mon., Mar. 24, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting in Baltimore City"

Examiner Reader said:
Man, she makes a good point about trial lawyers taking over the GA lawmakers and diluting the laws. How can any prosecutor deal with poor laws?

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8:50 AM MST on Mon., Mar. 24, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting in Baltimore City"

Examiner Reader said:
Ms. Jessamy, as long as you have people like Joseph F. Vallario, Chairman of the House Judiciary Committee; Michael Busch, etc., you and all the other prosecutors in Maryland will receive nothing but watered down laws pertaining to any criminal legislation. Those people just love criminals, and they hate and despise victims.

1 agree | 0 disagree
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8:12 AM MST on Mon., Mar. 24, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting in Baltimore City"

Reader said:
Jessamy knows teh police and laws are convoluted and corrupt, she looks high.

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7:22 AM MST on Mon., Mar. 24, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting in Baltimore City"

Examiner Reader said:
Jessamy's pal MOM just gave criminals (including child molesters) more good time day credits. Where was her protest? Worse we have a Baltimore City State�s Attorney who is ignorant of the Second Amendment, [owning] a gun is NOT a privilege, it�s a Constitutional RIGHT. Jessamy is an embarrassment. She is good at whining and making excuses to not prosecuting criminals. Her record is dismal. However, you get what you vote for. Race over substance lives in the City.

0 agree | 1 disagree
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6:50 AM MST on Mon., Mar. 24, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting in Baltimore City"

Independent Marylander said:
Baltimore residents elected MOM, Patricia Jessamy, and a whole host of other plain awful officials over the years. I have no sympathy. Corruption, inefficiency, and idiocy rule the day in cHarm City. By the way, Ms. Jessamy...driving is a privelege. Gun ownership by the citizenry is a right bestowed upon us by the Bill of Rights. You may want to brush up on that.

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5:40 AM MST on Mon., Mar. 24, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting in Baltimore City"

baltimoron said:
Some of these comments are unreal! Without the laws to prosecute offenders, offenders don't stay in jail! Also, owning a gun is not as simple as an unalienable right, just like free speech isn't! You can't yell "fire" in a movie theater, and you shouldn't be able to forego notifying the police when your gun gets stolen.

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5:17 AM MST on Mon., Mar. 24, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting"

John L said:
She says "Owning a gun is a privilege" and that says it all about Ms. Jessamy. Someone send her a copy of the Constitution, I won't waste my money to enlighten a 59 yrar old attorney who certainly should know better.

2 agree | 2 disagree
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4:25 AM MST on Mon., Mar. 24, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting"

Examiner Reader said:
Jessamy has no credibility

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3:55 AM MST on Mon., Mar. 24, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting"

Examiner Reader said:
Owning a firearm is not a Privilge. It is a right guaranteed by the Bill of Rights. Please take the time to read the Constitution before your right something so stupid. Without the 2nd admen. there would not be a 1st.

4 agree | 0 disagree
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3:39 AM MST on Mon., Mar. 24, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting"

Examiner Reader said:
12 foot fence around the entire city would be ok with me.

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3:10 AM MST on Mon., Mar. 24, 2008 re: "Jessamy: �Convoluted� laws hurt crime fighting"

Examiner Reader said:
If Jessamy had any real answers about crime fighting, the world would be beating a path to her door. It isn't. She offers the 'pass more laws' approach to reducing crime. Hey, here's a novel idea: prosecute violent offenders instead of playing let's make a deal with them!

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9:18 AM MST on Mon., Dec. 17, 2007 re: "Jessamy calls for reforms to Md. bail bond system"

Examiner Reader said:
Well, for the first time I find myself agreeing with Ms. Jessamy. Those recommendations as listed should be immediately implemented. Now, if we could only have the federal courts take over all of Baltimore City's criminal prosecutions, thereby having intelligent jurors coming out with appropriate guilty verdicts resulting in lengthy sentences.

15 agree | 18 disagree
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6:17 PM MST on Fri., Dec. 14, 2007 re: "Jessamy calls for reforms to Md. bail bond system"

The Undertaker said:
If they stopped the racist and immoral drug war we would have far less crime.

8 agree | 17 disagree
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4:36 PM MST on Fri., Dec. 14, 2007 re: "Jessamy calls for reforms to Md. bail bond system"

Examiner Reader said:
Heres a better plan NO BAIL let the criminals stay behind bars until trial where they belong not out on the streets engaging in more crime.

15 agree | 17 disagree
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12:50 PM MST on Fri., Sep. 7, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

Baffled neighbor said:
How dare he. To think that an elected official would speak on behalf of his consituents and demand that the city attorney prosecute the perpetrators of violent crime is outrageous. Baltimore is the most dangerous city in America and Jessamy is doing her darnedest to keep it that way. How silly it is that citizens would expect the city would do anything to make the streets safer. When you move to this city you know you're taking your chances. If you live here long enough you will be a victim of violent crime. So deal with it. Leave Her Most High Wonderfulness Jessamy to do ... well, whatever it is she does when she should be prosecuting criminals. Mr. Kraft, you shut your mouth. Just because you are a city resident and elected official does not give you the right to voice your opinion. If Baltimore didn't have such a high violent crime rate then all we'd be known for is our terrible school system. Murder is much more glamorous. Baltimore, the city that bleeds!

22 agree | 24 disagree
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6:15 AM MST on Sat., Aug. 4, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

William Cooke said:
I would offer all those indoor smokers and plastic bag users stets!

41 agree | 30 disagree
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8:31 PM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

to Wm Cooke said:
Perhaps, but Jessamy would just offer them plea bargains. None would be tried.

22 agree | 23 disagree
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3:28 PM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

William Cooke said:
This clown Kraft would have Pat Jessamy spending her time prosecuting cigarette smokers and plastic bag users!

30 agree | 15 disagree
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2:55 PM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

Examiner Reader said:
ok i was ready to cross the street downtown i asked a question from a police officer he could not speek english ...i know we need officers but come on

52 agree | 30 disagree
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12:54 PM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

Examiner Reader said:
How do you keep a couple of plain idiots busy?

39 agree | 18 disagree
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12:53 PM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

VOTER said:
Kraft is a jerk, but Jessamy sucks as well!

44 agree | 30 disagree
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12:34 PM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

Examiner Reader said:
The last time I checked the jury had the authority to find someone guilty and the judge's job to send people away after they are found guilty.

24 agree | 21 disagree
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12:04 PM MST on Fri., Aug. 3, 2007 re: "Prosecutor loses investigators, security"

Examiner Reader said:
can any one tell me how to keep officers from leaving

35 agree | 42 disagree
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11:54 AM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

richard f said:
Way to go jim kraft. Maybe when she grows up she can pratice LAW

40 agree | 27 disagree
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11:43 AM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

Kim said:
It's about time Ms. Jessamy is held responsible for her office's lack of performance. The number of repeat offenders who are out there continuing to plague our city is ridiculous. Most of the voilent affenders who are killing people should have been put in jail and the key thrown away along time ago. These criminals have a long history of voilent crime but yet they continue to walk our streets until they kill someone why. I am tired of the finger always being pointed at the police department. When someone is killed and they fine our that the killer has a long record of voilant crime the first thing people say is why haven't the police done their job and taken him off the streets sooner. Well the question should be why hasn't Miss Jessemy's office done their job and but this killer behind bars before he killed someone.

33 agree | 26 disagree
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10:22 AM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

Examiner Reader said:
The actions of Councilman Kraft over the past year towards Ms. Jessamy are atrocious. He is a public servant elected to serve the 1st district citizens by creating solutions to the many problems this City faces! Blasting our Prosecutor and leaving her hanging after requesting her presence at City Hall is very juvenile and ineffective. His obvious intention is to lay the ground work for a potential run for State Prosecutor in 2010 however politics must be put aside for the betterment and improvement of people's lives and living conditions! WE are in a crisis and the headline news is you called me a name so I'm telling mommy...ridiculous and shameful!

20 agree | 30 disagree
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10:00 AM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

Ori Shabazz said:
We recall the events of March 2006. Kraft and Ms. Rawlings-Blake were totally out of order when they invited Ms. Jessamy to City Hall only to yell and act ignorantly towards the States Attorney. They both will pay a huge price for this. March 2006 Ms. Blake was the 6th district representative and Jim was/is 1st district representative. We decided both Rawlings-Blake and Kraft were to be rigorously challenged for their council seats September 11, 2007 election. O'Malley became governor, then Ms. Dixon became mayor, and Ms. Rawlings-Blake left council seat to become president of city council. Ms. Middleton inherited Ms. Blake's seat. All things considered, we are still committed to challenging Blake however now at the president city council level, we definately will unseat jim in the 1st and Ms. Middleton, Blake's successor and friend, will too be ousted. We believe, at O'Malley's request jim and Blake slandered Ms. Jessamy. Jim, Blake, and Middleton will pay for such abuse.

19 agree | 19 disagree
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9:23 AM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

Good Job Kraft! said:
Notwithstanding the comments below by some of Jessamy's staff, I applaud Kraft's holding Jessamy's largely immobile feet to the fire. Keep it up. Jessamy is a bully who thinks that she is beyond scrutiny. Her office routinely permits pleas on serious felonies that should be tried. It's not her job to keep the docket clear. Her job is to prosecute!

23 agree | 25 disagree
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9:07 AM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

Examiner Reader said:
It sounds to me like Kraft is setting himself up to run next time against Jessamy. Perhaps he should worry more about his current part time job with the full time pay.

39 agree | 34 disagree
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9:04 AM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

Examiner Reader said:
Councilman Kraft presents himself as the "peoples candidate" nothing could be further from the truth. just look at Council Bill 05-0294. This bill "poker bill" financially supports the criminal element that Mrs. Jessamy is fighting.

48 agree | 24 disagree
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7:57 AM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

City Employee said:
Little boy Kraft: How often are you in the community that you serve at 1 or 2 am in the morning? What have you done for your community? Nothing but run your mouth. You are among one of the most hated people on the city council. Perhaps I could call your Kraft O'Malley. WIMP

32 agree | 34 disagree
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7:54 AM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

Brenda said:
I could not agree with Mrs. Jessamy more. Kraft does not have the interest of the people at heart. His only goal is save his current seat. Now, I will do everything in my power to make sure that he is not re-elected

14 agree | 17 disagree
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7:47 AM MST on Fri., Aug. 3, 2007 re: "Prosecutor loses investigators, security"

Examiner Reader said:
hey even the new hires are going to other police deparments a lot of them down south. baltimore dose not have a problem with hireing police officers the problem is getting them to stay

21 agree | 28 disagree
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7:42 AM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

Examiner Reader said:
What is Jessamy's salary? And how many Convictions in one year and a half? Yes, she needs alot more BLASTING.

47 agree | 19 disagree
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7:42 AM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

Examiner Reader said:
What is Jessamy's salary? And how many Convictions in one year and a half? Yes, she needs alot more BLASTING.

23 agree | 11 disagree
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7:40 AM MST on Fri., Aug. 3, 2007 re: "Prosecutor loses investigators, security"

nic said:
any one out there please ask out of the 231 hired how many vet's or new hire's left if things keep going this way with this kind of gross shortage when you call 911 the person you talk to might be the one who help you baltimore need's and would be just down right stupid not to pay more.

41 agree | 31 disagree
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7:21 AM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

Bruce A. said:
You can't argue with the fact that there are a lot of chronic repeat offenders out there. Pearson is a person that comes to mind. I read in this publication as well as other local papers of the release of suspects who are as good as guilty but because of a incompetent legal system full of legal loopholes is designed to protect the criminal element. There's no motivation to improve themselves therefore they break the law again. Police are afraid of doing their job for fear of being labeled racist. I don't think Patricia Jessamy nor Councilman Kraft try hard enough. These people created these laws and now it makes it tuff to do their job. Let's stop the name calling and start acting like responsible adults as well as elected officials and come up with some solutions. NOW!!!

47 agree | 29 disagree
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7:11 AM MST on Fri., Aug. 3, 2007 re: "Prosecutor loses investigators, security"

Dunn said:
We may have gained 231 police, but I'm sur we lost more - We always do. $17 million in police salarys last year, $19 million in overtime!!! We can certainly pay the police more to get a better calibar and fill more open positions. Yes, a return to foot (or bike) patrols is sorly needed. I'm tired of seeing police sleeping in back parking lots in their cars. Also, there is a poor response to citzens that make calls. Simply pay them more, get the best and brightest. Give large forgivable grants to buy homes in the city, and return to foot patrols. Let's return to the days where people in the neighborhoods knew the officers names and respected them. With a large part of our yearly surplus going to overtime it is a shame. The txes are high, people don't feel safe, even the people who love this city are getting tired and considering leaving...

28 agree | 26 disagree
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7:06 AM MST on Fri., Aug. 3, 2007 re: "�Please grow up�: Top prosecutor blasts city councilman in letter"

A Howard Countian said:
Knowing Jim Kraft for a long time when he was a resident and a practicing attorney h