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Detectives blast policy of having 2 witnesses
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BALTIMORE (Map, News) - Baltimore homicide detectives say they’re infuriated by a policy in which the State’s Attorney’s Office won’t prosecute homicides unless at least two witnesses agree to testify.
Since January, at least five cases that detectives believe could be brought before a grand jury have instead languished, as prosecutors demand more witnesses, sources told The Examiner. The sources asked to remain anonymous because of fear of retribution.
But city prosecutors say the policy has kept flimsy cases from going forward and improved homicide investigations.
“The State’s Attorney’s Office has drawn a line in the sand that a case will not go forward with one wittiness,” said Margaret Burns, spokeswoman for city State’s Attorney Patricia Jessamy.
“We believe it has had a positive effect on homicide investigations.”
Prosecutors first declined to prosecute one-witness cases in 2001, after a rash of cases fell apart at trial when witness disappeared or changed their testimony, Burns said.
Homicide detectives initially chafed at the requirement, prompting state Sen. Ralph Hughes to introduce legislation in 2003 that would have made the policy law.
Only after then-police Commissioner Kevin Clark agreed to abide by the rule did Hughes withdraw the legislation.
But detectives complain the policy to not prosecute cases that lack two witnesses puts an artificial threshold on solving crimes.
Adding to the difficulty is the stop-snitching mentality that pervades neighborhoods where a majority of the city’s homicides occur.
Prosecutors, however, credit the policy for a rising conviction rate.
First-degree murder convictions rose from 14 in 2006 to 31 in 2007, Burns said.
In 2007, 282 people were slain in Baltimore, the most the since 1999.
Burns asserted that homicide investigations have improved because police need at least two witnesses.
“We believe the policy is well-intended and successful,” Burns said. “We believe that detectives are building more solid and better cases. We’re not going to budge.”
sjanis@baltimoreexaminer.com
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Examiner Reader said:
I don't know of a lot of people who grab jail terms for a first time common assault conviction, so I'm not certain why Mr Bonaparte is upset with the Court. It is the defendant's option to plea or stand trial. He should feel good that two people so undeserving will no longer wear a badge to behave in this manner again and disgrace those so deserving.
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A giraffe dies said:
4blckpwrrvlutn, where do you see that Kershaw is a Republican? Judges do not run as affiliated with any party. Also, when was the last time a Republican won anything in Baltimore City? I do not understand blacks in this country who continue to blindly vote for the most racist party, the Democrat party. The Republican party was started by people opposed to slavery. The Democrats continue to elect a Grand Wizard of the KKK (Robert Byrd of WV), believe blacks are inferior and should be taken care of like a person takes care of pets. The Republican party believes everyone should be treated equally and given an equal opportunity (key word, opportunity not result) to better themselves and have a good life. Democrats are pro-abortion, possibly the leading cause of black deaths in America. Democrats invented welfare, the cause of the destruction of the black family by rewarding out of wedlock births. There is so much more. Please educate yourselves, there is still hope.
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Examiner Reader said:
I’m white. I’m articulate. I’m dissatisfied. I’m disgusted with the entire legal system.
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4blckpwrrvlutn said:
The Judge in this case should be "googled" and one will see for oneself that in a matter of less than 24 hours in two seperate court room cases which involved black "victims" versus white male "criminal defendants," this "racist" judge in the peoples courtroom handed down "light" sentences to these white males....check him out for yourself. Judge Robert Kershaw, State's Attorney Thomas Kreely(?)and the defense attorneys in all these cases in back room meetings against the will of the "victims" agreed to not follow the sentencing guidelines for these white male defendants, in short "Lady justice raped both black victims again!" in both cases. Racism and the continued distrust of the American legal process system by blacks has been given more fuel for this already raging fire....by the way Judge Kershaw is a White "elected" Republican Male, you do the math.
4 agree | 0 disagree
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The Undertaker said:
Neither one of those clowns will ever be able to carry a gun again due to their Assault convictions. That is a victory. Now if we can just disarm 90% of the other cops the streets will be safe.
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Examiner Reader said:
Man, this is ridiculous, What, we have to have back up witnesses in case some get killed so as not to testify? Or to look at it another way, if you have 4 witnesses to a crime, someone only has to kill 3. The gangs will just look around , only see one witness and blast away. Whomever came up with this bright idea should be fired.
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perryhallguy said:
stop filling prison cells with non-violent offenders and maybe the broke criminal-justice system could focus on (and prosecute) the violent cases.
1 agree | 0 disagree
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MD/VA Attorney said:
Most MD counities already do this. Nationwide US Attorney's offices will not take a case unless it is rock solid or air tight, that is why their conviction rate is 98%. Here it seems that the prosecutor wants to present cases that are merely viable. Why bring a case with one witness with numerous felony convictions, who changes his story 4 or 5 times without corroborating evidence? That makes no sense. If you are going to try someone for capital murder you better have soild evidence, not multiple stories from one felon witness.
1 agree | 1 disagree
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Examiner Reader said:
Presecutors are crediting the policy with raising the conviction rate. Of course they are. If you only take the "smoking gun" cases, then your job becomes much easier. Look, fighting crime in Baltimore is a loosing venture, whether you're police or prosecutor. But just because it's a tough job, doesn't mean you just give up. It seems the States Attorney is looking to do just that.
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Clerk said:
Most cops and prosecutors do a very good job in the city. Ask any judge and they will tell you juries rarely convict no matter how strong the evidence might be. You better have a solid case and corroborating evidence to have a prayer, since most jurors don't like or trust the police, and dislike and do not trust the criminal justice system as a whole. That is the reality of the city, and many other inner cities in the US. It is irresponsible to bring a case in which you have zero chance of winning a conviction.
1 agree | 0 disagree
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Examiner Reader said:
Isnt the Baltimore City States Attorny doing a great job. More people are arrested or plea out than go to trial. She gets this huge raise and does less. No wonder the cops cant do there jobs. She thinks her job is to help the criminal vs assisting the victims. Maybe she should move her office to a store front office in West or East Baltimore.
1 agree | 0 disagree
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Examiner Reader said:
So the prosecuters office is content with convitions for one out of ten murders committed in the city? I think we need to find some better prosecuters.
2 agree | 1 disagree
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Examiner Reader said:
Ask Jessamy what she does when the cops have a strong case but only one witness. BTW, you can have a very strong case and no witnesses. This is more BS from an incompetent prosecutor who should be run out of office next election.
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The Undertaker said:
1. You can't often trust a single eye witness. 2. Cops will be cops and will get lazy unless you force them to work. 3. If you go to a jury with a weak case and get a not guilty then that case is dead forever. Better to wait for more evidence.
1 agree | 0 disagree
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larry g said:
to examiner reader let the police from another jurisdiction come into your neighborhood and arrest people , we don't want county cops in the city
1 agree | 1 disagree
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johnn said:
this judge should be ashamed of his self,how he can allow this criminal police department to continue,is beyond me,i wonder if omalley is paying for this judges avoidence of this civil rights case
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Examiner Reader said:
It sounds good on paper to cut overtime, but the last thing a victim of a crime wants to hear is a Det. had information about a suspect in your case but couldnt look into because his shift ended. Crime doesnt work in shifts. people cant have it both ways
19 agree | 20 disagree
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Orioles/Ravens fan said: said:
i agree with marlowe...when there salarys were posted on the examiner some of these guys were making more than 125K....
23 agree | 13 disagree
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Dectective Shark said:
It does not pay to be a detective. Another one of O'Malleys budget cuts. Be fsically responsibe O'Malley
20 agree | 20 disagree
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Examiner Reader said:
I don't think Detectives need OT....I just think we need more detectives, no?
21 agree | 19 disagree
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Examiner Reader said:
I got it! We'll tell the bad guys to commit their crimes only between, say, 8:30 a.m. and 5:00 p.m., with a 1/2 hour lunch starting at noon. That should do it!
18 agree | 27 disagree
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Examiner Reader said:
Why not redeploy resources? Have cops from the county take turns patroling drug neighborhoods in the city instead of playing with their radar guns in the suburbs. This jurisdiction crap should end. When I was in the military, Ft. Bragg wasn't my jurisdiction. We deployed to where we were needed.
21 agree | 21 disagree
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Examiner Reader said:
Everybody is now on notice; mandatory overtime for meter maids and more speed traps and traffic cameras... Show me the Money!
20 agree | 23 disagree
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Marlowe said: said:
wasnt there acouple of police officers making there salary plus over 100,000 in overtime...
26 agree | 16 disagree
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Examiner Reader said:
thats why so many outsiders think so little of baltimore.only a jack--- would run a city and penny pinch on public safety.same leaders,same story,same baltimore.
25 agree | 14 disagree
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examiner reader said:
Looks like sheila's been watchung The Wire.
22 agree | 25 disagree
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The Undertaker said:
Why don't they restrict overtime for drug detectives? That is the biggest scam around. They just spend their time arresting junkies and low level dealers.
21 agree | 16 disagree
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Examiner Reader said:
lenny hamm is a putz. and people that supported him, dixon, young, yo'malley are schmucks.
17 agree | 16 disagree
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The Undertaker said:
I find it funny that the police will so openly lie and say that they care about you. The police don't care about anyone and they are all lying scumbags.
34 agree | 39 disagree
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Examiner Reader said:
City Council needs to get off the race card. Hire the best person for the job no matter if the person is a man, woman, straight, gay, white, or black. Who cares, other than Mr. Young, who the person is if they can get the job done? Councilman Bernard “Jack” Young, if he truly wants to see it across the board for all minorities he would select his words better. He said of former Commissioner Hamm - "Police Commissioner (Leonard) Hamm told me he put the best and the brightest at the top of the department, and I wonder why so few African-Americans are a part of that.” Are you wondering why other minories were not apart of that? Probably not. Jeff Red - "Something needs to done; there is something wrong with this picture." Do you really want someone in a position just due to their ethnic background?
49 agree | 54 disagree
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Sky said:
Where are the gay cops and firefighters? Thats diversity.
43 agree | 32 disagree
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Examiner Reader said:
Obviously the police department has already been down this road. When will the good people of Baltimore realize that we are in an epidemic situation with out of control crime. Please stop worring about the color of ones skin. Hire people who are qualified, and stop pushing people up the ladder of command to meet quota's. It's the people of Baltimore that you represent. So what if the blacks out number the whites. Who is financial supporting the city? Ask Ms. Jessamy to take over the top spot. She has an understanding from both sides. Think council people before you speak, it's not about the color of your skin.
48 agree | 39 disagree
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Dunn said:
Agreed, let's hire on merrit, performance and most importantly results!
35 agree | 28 disagree
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Examiner Reader: said:
Yep, forget about being qualified...Lets just hire some one for their color....thats the ticket...
44 agree | 41 disagree
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Examiner Reader said:
The white man's leadership has alwats been better than his black counterpart. And, while Shelia Dixon may be the mayor, she does not run the City. How about the fire chief. the white establishment will not allow the mayor to fire him. And while I am not a HAMM fan, I can't help but wonder what excuse will be given when the same level of violence occurs on the new commissioner's watch. White police officers will not work as hard for a black commissioner as they will for a white commissioner. Good people of both races will reject this notion. But, if it is true and we continue to deny it, where does that leave us? The city needs a top cop who can convince the city leaders that the high level of crime may be A problem, but it is not THE problem. Crime in Baltimore City is one of the symptoms of THE problem-EDUCATION or the lack there of. How many high school graduates are involved in criminal activity? A police dept must mirror the community that it tries to POLICE to be effective.
43 agree | 24 disagree
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Bob said:
Right on the money. Who cares about hiring the best. Hire diverse.
53 agree | 31 disagree
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