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Man convicted 3 times in death of girl vows to win on fourth appeal

Jun 17, 2008 12:00 AM (205 days ago) by Luke Broadwater, The Examiner
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Related Topics: BALTIMORE
BALTIMORE (Map, News) - A Baltimore City man convicted three times in the death of his girlfriend’s daughter vowed to win on a fourth appeal Monday.

“I will be back on appeal,” Erik Stoddard, 27, told Circuit Judge Kaye Allison, who sentenced him to 40 years in prison.

Stoddard was convicted in May of child abuse resulting in death and involuntary manslaughter in the beating death of his girlfriend’s 3-year-old daughter, Calen Dirubbo.

At Monday’s sentencing, both Stoddard and the young girl’s mother proclaimed his innocence, but several family members and prosecutor Julie Drake asked Allison to give him a maximum sentence.

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“In this courthouse, we deal with far too many killings, and too many of them look the same,” the judge said. “The killing in this case looks like no other.”

On June 15, 2002, Calen Dirubbo was pronounced dead at her home in Northeast Baltimore, prosecutors said. Calen died as a result of multiple beatings, and the fatal blow severed her bowel, according to prosecutors, who said they proved Stoddard — who lived with Calen and her mother — was the only adult with the girl when the fatal blow occurred.

Stoddard was twice convicted of second-degree murder. But after each conviction, judges intervened — agreeing with Stoddard’s attorney’s arguments that technical violations voided his convictions.

Drake said Calen’s mother, who was never charged, did nothing to stop the abuse.

lbroadwater@baltimoreexaminer.com

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Comments from Examiner Readers

5:28 PM MST on Thu., Jun. 19, 2008 re: "Man convicted 3 times in death of girl vows to win on fourth appeal"

Examiner Reader said:
PLEASE Put this scum in with the General Population!!!

2 agree | 1 disagree
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10:32 AM MST on Tue., Jun. 17, 2008 re: "Man convicted 3 times in death of girl vows to win on fourth appeal"

Examiner Reader said:
I will keep this young girl and her family in my prayers. Brenda Loving Baltimore, MD

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10:32 AM MST on Tue., Jun. 17, 2008 re: "Man convicted 3 times in death of girl vows to win on fourth appeal"

na na na na hey hey hey goodbye said:
36 jurors, 3 judges, a medical examiner, several witnesses, one psycho girlfriend/mother. The key ingredients to the biggest conspiracy in the Maryland court system in history....no seriously, this is sad that the family had to suffer for 7 years. Not only did they have to relive the horrifying details and photos of the case they had to sit and watch Calens mother betray her daughter over and over and over again. Three cases three guilty verdicts. In my opinion justice was only half served! Lets all pray Cheryl isn't far behind Eric, if she's in jail then society won't have to worry about her having more kids and going out to dinner rather then taking her dying kids to the hospital.

2 agree | 1 disagree
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10:31 AM MST on Tue., Jun. 17, 2008 re: "Man convicted 3 times in death of girl vows to win on fourth appeal"

Examiner Reader said:
The Undertaker said: I wonder what will happen at the 4th trial." Ill tell you what will happen. The state will reach into all our pockets and pay a big whopping attorney bills, for both sides. Who is the loser here? The stupid tax payer who continues to let this criminal justice system continue.

2 agree | 0 disagree
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10:28 AM MST on Tue., Jun. 17, 2008 re: "Man convicted 3 times in death of girl vows to win on fourth appeal"

Examiner Reader said:
The convicted is obviously smarter than State law, otherwise he would be dead by now. Do we have a criminal justice system? Or, do we baby the killers and kill the babies? You decide.

1 agree | 0 disagree
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7:06 AM MST on Tue., Jun. 17, 2008 re: "Man convicted 3 times in death of girl vows to win on fourth appeal"

Examiner Reader said:
This is one big, stupid mess. Stoddard's first case was overturned on a confrontation clause technicality. A then-18-month-old girl likely witnessed Erik fatally beating Calen and the statements she made to her mother were initially admitted, but the conviction was reversed because there was no way to cross-examine the little girl. Stoddard cowered under the 6th Amendment. Also, it should be noted that the little girl made no mention of the other adult who was allegedly in Calen's presence on the date of her death. She was only afraid, or concerned, with Erik "getting" her. So even without the girl's statements, 2 additional juries have managed to convict this guy. Gee, maybe they're onto something.... There's such a thing as reasonable doubt, yes, but what should trump any such doubt in this case is COMMON SENSE. Look at the facts objectively. A defense attorney's job is to try and poke holes in the prosecutions's theories but possibilities are not the same as probabilities

4 agree | 1 disagree
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3:34 PM MST on Fri., May. 2, 2008 re: "Baltimore man convicted for 3rd time in death of girl, 3"

The Undertaker said:
I wonder what will happen at the 4th trial.

1 agree | 2 disagree
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6:46 AM MST on Fri., May. 2, 2008 re: "Baltimore man stands trial a third time on charges of child’s murder"

3Jurys3Convictions said:
The only broken thing about this legal system is that it gives the defendant more consideration than the family. This poor family has had to go through this 3 times. He did NOT admit to frequently beating the child. He spanked her. He was at the impound lot 2 TIMES that day(once to pay to get it out and once to pick the car up outside of the lot)and both accounts were accurate. Based on the medical/scientific evidence- even with giving the defendant the benefit of the doubt on a lot of things-Stoddard was the only one with her at the time of injury. Stoddard also has prior convictions for assaults- on women at that. Seems like he likes to abuse the weak. I guess it is your theory that a large number of witnesses including the medical examiner, and 3 different jurys all conspired against Stoddard. Give me a break.

5 agree | 2 disagree
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5:30 AM MST on Fri., May. 2, 2008 re: "Baltimore man convicted for 3rd time in death of girl, 3"

Examiner Reader said:
I hope the jurors feel like idiots for not convicting on the 2nd degree murder charge.

4 agree | 1 disagree
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7:04 PM MST on Wed., Apr. 30, 2008 re: "Baltimore man stands trial a third time on charges of child’s murder"

Justice for All said:
This case is the poster child for the broken Maryland legal system. The facts are that the child was in the care of several adults on the day she died, not just Erik Stoddard. There is no testimony that Erik ever disciplined Calen. Nick Deiter, who was originally arrested for the crime, openly admitted in court that he beat the child frequently, and sometimes so severely he bruised her on several occasions. However, Nick escaped prosecution using an arrival time based on the release of his car from an impound lot (despite testimony from others to the contrary). In the third trial, testimony produced from the impound lot showed Nick committed perjury, and that he actually did arrive much earlier than he originally testified. When confronted, he broke down in the trial and admitted to everything except the actual killing Calen. In the mean time, Erik Stoddard has sat in prison for six years while the State withheld evidence and trampled on the legal process. The legal system is broken.

5 agree | 6 disagree
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6:56 PM MST on Thu., Apr. 17, 2008 re: "Baltimore man stands trial a third time on charges of child’s murder"

Examiner Reader said:
If the mother knew, she should be charged

12 agree | 2 disagree
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4:34 AM MST on Thu., Apr. 17, 2008 re: "Baltimore man stands trial a third time on charges of child’s murder"

The Undertaker said:
Maybe this time it will be tried by a judge who isn't mentally retarded.

3 agree | 7 disagree
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