Thursday, February 19, 2009

Diminution Credits Issue Part of a "Three-Pronged" Approach to Fighting Violent Crime in Montgomery County

Another article in yesterday's Gazette mentions the bills recently introduced in the Maryland House and Senate that would cap the number of diminution credits that violent offenders can earn as part of a three-pronged approach to fighting violent crime in Montgomery County and the rest of the state. New policies on dealing with illegal immigrant and juvenile violent offenders are also being pursued in Montgomery County.

Although the article and an accompanying video focus mainly on the illegal immigrant issue -- which has been a high-profile issue in Montgomery County and elsewhere in the Washington area for a while now -- there are a few paragraphs devoted to the diminution credit issue and the bills currently before the General Assembly. The article also mentions how the proposed legislation was prompted by Lindsay Harvey's murder at the hands of convicted felon who had been released from prison early thanks in part to the good time credit system.

Also, for what it's worth now, The Gazette ran a sidebar yesterday that uncovered more details about the death threats Shawn Henderson made last week to his 16-year-old codefendant Anthony Moore just before they were about to be transported to the Montgomery County Courthouse for Henderson's trial.

Moore will be tried in Lindsay's murder next month.

Wednesday, February 18, 2009

The Henderson Verdict

Here are today's news accounts of Shawn Henderson's murder conviction from The Gazette and the Oneonta Daily Star.

Tuesday, February 17, 2009

BREAKING NEWS: SHAWN HENDERSON HAS BEEN FOUND GUILTY OF MURDER IN THE DEATH OF LINDSAY HARVEY

From someone who was at the courthouse: The verdict is as follows

1st degree felony murder – guilty

Premeditated 1st degree murder – not guilty

2nd degree murder – guilty

Armed robbery – guilty

Use of a hand gun in a violent crime – guilty

The prosecutors are seeking life without parole. For the armed robbery and use of a hand gun convictions, the maximum penalty is 20 years for each crime.

Shawn Henderson's sentencing hearing is currently scheduled for May 21.

Justice has been served.

Saturday, February 14, 2009

Diminution Credit Legislation Introduced

I am pleased to announce that Maryland House Bill 581 and Senate Bill 354 have been introduced by Del. Ben Cramer and Sen. Nancy King, respectively, into the General Assembly. The bills, if enacted, would cap the amount of diminution credits that violent criminals can receive while in prison so that they receive no more than 15% of the time off their sentences. The bills have been assigned to the Judiciary and Judicial Proceedings of the House and Senate, respectively.

Will this legislation become law? Sen. King, who gave an interview to WAMU this week, isn't sure. She said she spoke with Sen. Brian Frosh, who chairs the Senate's Judicial Proceedings Committee but is thus far noncommital on support for the bill and told her he will take a "fair look" at it.

Meanwhile, the Shawn Henderson trial remains without a verdict. Jurors are to resume their deliberations on Tuesday, Feb. 17.

Friday, February 13, 2009

Jury to Begin Deliberating in the Henderson Trial

Closing arguments took place yesterday. The verdict should be coming in soon.

Thursday, February 12, 2009

Henderson Trial: Day 2

From this morning's Gazette online. Expert testimony on the gun used to kill Lindsay Harvey, plus an alleged death threat that Shawn Henderson made to one of his co-defendants. The Oneonta Daily Star, Lindsay's hometown newspaper, also picked up the story.

Wednesday, February 11, 2009

Henderson Trial Begins

The Shawn Henderson trial began yesterday at Montgomery County Circuit Court, one day after jury selection took place. Opening arguments, expert testimony on evidence gathering, and testimony from witnesses who saw Henderson and spoke to him in the hours before and after Lindsay Harvey's murder took place throughout the day yesterday. The jury was also shown photos of the crime scene and the gun that Henderson is said to have used. The Gazette has the story today.

Also, at 6:50 this morning, radio station WAMU, an NPR affiliate in Washington, D.C., broadcast a piece about the lapses in the system that are believed to have led to Lindsay's murder. You can find the Windows Media and Realplayer audiolinks here. The story will be replayed at 8:50 AM. WAMU is 88.5 on the FM dial in Washington.

Thursday, February 5, 2009

Reminder: Henderson Trial Begins Monday

This is a reminder to let you know that the murder trial of Shawn Marquieis Henderson will begin this Monday, Feb. 9, in Montgomery County Circuit Court, 50 Maryland Avenue, Rockville, Md., 8th Floor, Courtroom 7, at 9:30 A.M. (for more information, please see the Maryland Judiciary Case Search site). Judge Terrence J. McGann will be presiding. Henderson is being held without bond in the murder of Lindsay Marie Harvey.

Those of you knew Lindsay and/or have been following this blog are all too familiar with what happened to her last spring. On April 13, Lindsay's body was discovered in a trash bin enclosure at her apartment complex some 12 hours after residents at the complex said they heard a gunshot in the middle of the night. It was determined that Lindsay had been the victim of a robbery/homicide after being shot by her assailant.

Two days later, Henderson -- a Landover resident with a criminal history that included three vicious knife attacks on unsuspecting victims -- was arrested and charged with shooting Lindsay. In addition to murder, he has also been charged with use of a handgun in the commission of a crime and robbery with a dangerous weapon. He was indicted by a grand jury on May 8. He faces life in prison without the possibility of parole if convicted.

As you know by now, Lindsay's murder and the loopholes in the state of Maryland's criminal justice and corrections systems that made it possible have sparked outrage among her family and friends and have spurred a movement by us and law enforcement officials in Montgomery County to try and seek changes in the state sentencing guidelines (as well as the creation of this blog). Our efforts were first chronicled two months ago in this and another article in The Gazette. This blog is also part of the effort to raise public awareness about this issue.

As always, we urge those of you who are Maryland residents to write your state representatives and express your support for a bill that would cap the amount of good time, or diminution, credits that violent offenders can receive while in prison. A bill that would address this issue is expected to be drafted and sponsored by state. Sen. Nancy King. You can find out who your elected representatives are at this site.

In the meantime, please keep Lindsay's family in your thoughts during what is bound to be a tremendously difficult week for them. You can also support the Harvey family by contributing to a scholarship fund that has been set up in Lindsay's name. Donations can be sent to the following address:

District Office
Oneonta City School District
Attn: Tom Austin
189 Main Street
Oneonta, NY 13820

Make checks payable to the Lindsay Harvey Scholarship Fund.