Couple of things: first, I am going to be receiving a recording of last week's Senate hearing, so I will listen to that and try and quote from it in an effort to give a more detailed description of what transpired at the hearing in addition to Debra Harvey's testimony.
Also, in a matter of days, we will know for sure whether our bills will pass or even get as far as the House and Senate floors. March 30 is the deadine by which SB 354 must be voted on by the full Senate. That means one of three scenarios will occur:
1) The bill gets a favorable report by the SJC and gets sent to the Senate floor for a vote.
2) The committee kills the bill.
3) The committee does nothing, missing the March 30 deadline, and the bill simply dies on its own, which would have the same result as scenario no. 2.
Sen. Brian Frosh, the chairman of the Senate Judiciary Committee, has the final word on whether SB 354 gets out of committee. But as the committee's chairman, he has to consider the bill's fiscal note, i.e., the estimated cost associated with passing the bill, which has been estimated at approximately $202 million.
Wednesday, March 25, 2009
The Shepherd Sentencing: The Gazette's Account
Here is today's Gazette article on the sentencing of Aaron Shepherd. Many thanks to Judge William Mason, who saw through the pleas Shepherd and his family made for mercy and gave him the maximum sentence under the law.
Although you can read the article in its entirety in the above link, some quotes stick out. From Debra Harvey's victim impact statement:
"Mr. Shepherd, you are THE person who could have prevented this tragedy, but instead you encouraged and energized Mr. Henderson by leading [him] through your neighborhood until he found a suitable victim...You had at least two opportunities to opt out, to go in the house and stay there. You chose to walk, lead him through your neighborhood until he found someone defenseless and vulnerable —Lindsay.
"You have caused my family pain that will never go away...Additionally, you have caused your own family pain by your actions."
From an angry Juanita Brown, Shepherd's aunt:
"Another life gone." (forgetting, apparently, that her nephew is alive and probably stands the same chance of getting an early release from prison that his cousin Shawn Henderson did for his 1999 knife attacks).
And then there's Aaron Shepherd himself, who had the gall to ask a flabbergasted Mason to let him walk free yesterday.
"Your honor, I'm not a bad guy, and I'm not a good guy, either; but I'm a loving guy...I pray every night and day for Ms. Harvey...I can understand what the family is going through."
And yet Shepherd -- who himself lost a brother to a gunshot wound and almost lost another brother because of the same thing -- apparently saw no reason to try and stop a man with a loaded weapon from killing an unsuspecting victim.
These people really don't get it, do they?
Although you can read the article in its entirety in the above link, some quotes stick out. From Debra Harvey's victim impact statement:
"Mr. Shepherd, you are THE person who could have prevented this tragedy, but instead you encouraged and energized Mr. Henderson by leading [him] through your neighborhood until he found a suitable victim...You had at least two opportunities to opt out, to go in the house and stay there. You chose to walk, lead him through your neighborhood until he found someone defenseless and vulnerable —Lindsay.
"You have caused my family pain that will never go away...Additionally, you have caused your own family pain by your actions."
From an angry Juanita Brown, Shepherd's aunt:
"Another life gone." (forgetting, apparently, that her nephew is alive and probably stands the same chance of getting an early release from prison that his cousin Shawn Henderson did for his 1999 knife attacks).
And then there's Aaron Shepherd himself, who had the gall to ask a flabbergasted Mason to let him walk free yesterday.
"Your honor, I'm not a bad guy, and I'm not a good guy, either; but I'm a loving guy...I pray every night and day for Ms. Harvey...I can understand what the family is going through."
And yet Shepherd -- who himself lost a brother to a gunshot wound and almost lost another brother because of the same thing -- apparently saw no reason to try and stop a man with a loaded weapon from killing an unsuspecting victim.
These people really don't get it, do they?
Tuesday, March 24, 2009
Shepherd Gets 10 Years for Conspiracy
I'm getting this information second hand, but here is what I have been told happened at yesterday's sentencing hearing for Aaron M. Shepherd
Aaron M. Shepherd, one of the accused accomplices who was arrested along with Shawn Henderson and Anthony Moore in the murder of Lindsay Marie Harvey, was sentenced to 20 years in prison for his role in the crime, with all but 10 years suspended.
Shepherd, as you may remember, was charged with murder, armed robbery, and conspiracy to commit armed robbery but was found guilty only of the conspiracy charge by a Montgomery County jury.
Shepherd's extended family attended the sentencing hearing, as did Debra Harvey. Shepherd's family said he was a "hard worker" who interacts well with younger kids. Shepherd himself apologized to Judge Michael D. Mason but apparently had the gall to say that if Mason would let him "walk out of the court now" he would never see him in court again. He also said something about promising to do volunteer work for the elderly.
Thankfully, Judge Mason was not swayed by any of this.
He told Shepherd that it was obvious that he did not understand or take responsibility for the seriousness of his crime. He quoted from some of the victim impact statements that Lindsay's family and friends wrote and even went as far to say that Shepherd encouraged his cousin Henderson and recruited Moore for the robbery. And despite several opportunities to do the right thing -- dissuade Henderson, warn people of the potential danger, etc. -- Shepherd did nothing to try and stop Henderson and in fact supportred and encouraged Henderson by leading him through the Grove Park neighborhood the night Henderson killed Lindsay.
Even worse yet for Shepherd: the prosecutors noted that he had two other incidents on his criminal record, one of which occurred between the time of Lindsay's murder and his arrest (Lindsay was murdered on April 13; Shepherd was arrested in June)!
So Shepherd will spend at least a few years in prison (time already served is being counted towards the 10 years he received). With the law in Maryland being what it is and all the options we know Shepherd will have for reducing his time in prison -- reconsiderations, parole, diminution credits -- who knows just how much of that 10 years he will actually serve?
But Judge Mason deserves some credit here, for taking the victim impact statements into account and making a self-described rare move on his part to go outside the sentencing guidelines.
Shawn Henderson's sentencing hearing, by the way, is on May 21.
Aaron M. Shepherd, one of the accused accomplices who was arrested along with Shawn Henderson and Anthony Moore in the murder of Lindsay Marie Harvey, was sentenced to 20 years in prison for his role in the crime, with all but 10 years suspended.
Shepherd, as you may remember, was charged with murder, armed robbery, and conspiracy to commit armed robbery but was found guilty only of the conspiracy charge by a Montgomery County jury.
Shepherd's extended family attended the sentencing hearing, as did Debra Harvey. Shepherd's family said he was a "hard worker" who interacts well with younger kids. Shepherd himself apologized to Judge Michael D. Mason but apparently had the gall to say that if Mason would let him "walk out of the court now" he would never see him in court again. He also said something about promising to do volunteer work for the elderly.
Thankfully, Judge Mason was not swayed by any of this.
He told Shepherd that it was obvious that he did not understand or take responsibility for the seriousness of his crime. He quoted from some of the victim impact statements that Lindsay's family and friends wrote and even went as far to say that Shepherd encouraged his cousin Henderson and recruited Moore for the robbery. And despite several opportunities to do the right thing -- dissuade Henderson, warn people of the potential danger, etc. -- Shepherd did nothing to try and stop Henderson and in fact supportred and encouraged Henderson by leading him through the Grove Park neighborhood the night Henderson killed Lindsay.
Even worse yet for Shepherd: the prosecutors noted that he had two other incidents on his criminal record, one of which occurred between the time of Lindsay's murder and his arrest (Lindsay was murdered on April 13; Shepherd was arrested in June)!
So Shepherd will spend at least a few years in prison (time already served is being counted towards the 10 years he received). With the law in Maryland being what it is and all the options we know Shepherd will have for reducing his time in prison -- reconsiderations, parole, diminution credits -- who knows just how much of that 10 years he will actually serve?
But Judge Mason deserves some credit here, for taking the victim impact statements into account and making a self-described rare move on his part to go outside the sentencing guidelines.
Shawn Henderson's sentencing hearing, by the way, is on May 21.
Monday, March 23, 2009
Shepherd Sentencing Hearing Today
Just a reminder: the sentencing hearing for Aaron Shepherd is scheduled to take place in Montgomery County Court in less than an hour. Shepherd was one of Shawn Henderson's alleged accomplices in Lindsay Harvey's murder. Two months ago, hewas acquitted of murder but found guilty of conspiracy to commit armed robbery. Shepherd is Shawn Henderson's 20-year-old cousin.
Also, in the news over the weekend, the Washington Post published a letter on Saturday from a reader responding to Dan Morse's article about the diminution credits issue.
Speaking of Morse's article, something else I missed in the online version... the fiscal note (which details the financial impact that Senate Bill 354 would have in the state of Maryland, was also linked in the article. You can view it here.
Also, in the news over the weekend, the Washington Post published a letter on Saturday from a reader responding to Dan Morse's article about the diminution credits issue.
Speaking of Morse's article, something else I missed in the online version... the fiscal note (which details the financial impact that Senate Bill 354 would have in the state of Maryland, was also linked in the article. You can view it here.
Friday, March 20, 2009
Hearing on SB 354: Debra Harvey's Testimony
Wednesday's hearing on Senate Bill 354 was encouraging, given the support we received from some members of the Senate Judiciary Committee. Presently, there is no telling whether the Senate or House versions of our proposed diminution credit legislation will be let out of their respective committees this year, and I will blog more about the details of our expert testimony before the Senate in a later post.
But first, I wanted to share with you, in its entirety, the written testimony of Debra Harvey, the mother of Lindsay Marie Harvey, who made the 350-mile drive from Oneonta, N.Y., to Annapolis this week to give her testimony to the SJC members in person. I will say only this about it: it is one thing to read such testimony -- to hear Debra Harvey speak it in person was something else.
My daughter, Lindsay Marie Harvey, was born on July 19, 1982. With her birth, the most important part of my life began. Lindsay was wise at a very young age. She was loving, generous and sensitive. She was a gentle soul who treated all living things respectfully.
After her graduation from Binghamton University in December 2003, she came to your state, your community, to join the honorable work of the Armed Forces DNA Identification Laboratory. As a DNA technician and a DNA analyst she worked with the multiple cases from the Joint POW/MIA Accounting Command Central Identification Laboratory and contributed to the identification of United States service members lost in World War II, the Korean War and Southeast Asia. Her work supported the mission that helped to end years of uncertainty and grief for many families -- your families, your friends, your neighbors, your countrymen and your constituents.
Additionally, Lindsay contributed to your community through her volunteer work in the public schools as a career day lecturer, science fair judge and after-school science program facilitator. She also worked as a tutor teaching biology and math to middle school students and as an adjunct professor at Frederick Community College teaching forensic biology.
She volunteered in the Make-A-Wish Foundation fundraiser for several years and donated time and money to animal rescue groups.
I am in awe of the number of people Lindsay helped, supported and touched in her four short years in Maryland. Her friends said her laugh was infectious. She worked hard, but made work the fun and stimulating for everyone. In her memory book her friends and co-workers repeatedly wrote, “Some people strengthen others just by being the kind of people they are.”
Her neighbors at the Grove Park Apartments in Gaithersburg said she always smiled and said hi and was polite and respectful when she was out walking her dogs.
One of her students from FCC wrote, “You could tell she loved what she was doing because of the enthusiasm in her eyes and the passion in her voice for the subject. She will be remembered as a passionate, dedicated professor. One who could spark interest in the unlikeliest of students; one who could make class exciting; one who could be approached with questions about anything related to class or life.”
Additionally, maybe most importantly, she never forgot or minimized the importance of family. In spite of her busy career and life in Maryland, she frequently drove home to spend time with her family.
Lindsay had the ability to make each person feel good about him or herself by understanding what he or she valued, then acknowledging and respecting it. She was everyone’s cheerleader.
Lindsay was a kind, thoughtful coworker, friend and neighbor to the people of your communities.
Much of Maryland borders our great nation’s capital. Does the Maryland General Assembly wish to attract, support and protect talented, intelligent, productive citizens like Lindsay Marie Harvey? Or do you wish to support violent criminals like Shawn Henderson?
Lindsay’s life ended in an unnatural, brutal, senseless way by someone who committed repeated acts of violence against other innocent people. The fact that he was allowed to be free to murder my daughter exposes serious flaws in the present legal and judicial system of your state.
Nothing will change the pain I will feel everyday for the rest of my life. I cry every night hearing her last words as she begged for her life. Every day I anguish over the terror she must have felt those last few seconds of her precious life.
For you, your families, your friends, your co-workers and your constituents, please examine your legal system. Then examine your conscience and vote for safety for the Lindsay Harveys of your communities.
If this does not motivate you to want to do something about the current state of Maryland's criminal justice system, then nothing will. Write to your state representatives and senators and support this legislation -- NOW.
But first, I wanted to share with you, in its entirety, the written testimony of Debra Harvey, the mother of Lindsay Marie Harvey, who made the 350-mile drive from Oneonta, N.Y., to Annapolis this week to give her testimony to the SJC members in person. I will say only this about it: it is one thing to read such testimony -- to hear Debra Harvey speak it in person was something else.
My daughter, Lindsay Marie Harvey, was born on July 19, 1982. With her birth, the most important part of my life began. Lindsay was wise at a very young age. She was loving, generous and sensitive. She was a gentle soul who treated all living things respectfully.
After her graduation from Binghamton University in December 2003, she came to your state, your community, to join the honorable work of the Armed Forces DNA Identification Laboratory. As a DNA technician and a DNA analyst she worked with the multiple cases from the Joint POW/MIA Accounting Command Central Identification Laboratory and contributed to the identification of United States service members lost in World War II, the Korean War and Southeast Asia. Her work supported the mission that helped to end years of uncertainty and grief for many families -- your families, your friends, your neighbors, your countrymen and your constituents.
Additionally, Lindsay contributed to your community through her volunteer work in the public schools as a career day lecturer, science fair judge and after-school science program facilitator. She also worked as a tutor teaching biology and math to middle school students and as an adjunct professor at Frederick Community College teaching forensic biology.
She volunteered in the Make-A-Wish Foundation fundraiser for several years and donated time and money to animal rescue groups.
I am in awe of the number of people Lindsay helped, supported and touched in her four short years in Maryland. Her friends said her laugh was infectious. She worked hard, but made work the fun and stimulating for everyone. In her memory book her friends and co-workers repeatedly wrote, “Some people strengthen others just by being the kind of people they are.”
Her neighbors at the Grove Park Apartments in Gaithersburg said she always smiled and said hi and was polite and respectful when she was out walking her dogs.
One of her students from FCC wrote, “You could tell she loved what she was doing because of the enthusiasm in her eyes and the passion in her voice for the subject. She will be remembered as a passionate, dedicated professor. One who could spark interest in the unlikeliest of students; one who could make class exciting; one who could be approached with questions about anything related to class or life.”
Additionally, maybe most importantly, she never forgot or minimized the importance of family. In spite of her busy career and life in Maryland, she frequently drove home to spend time with her family.
Lindsay had the ability to make each person feel good about him or herself by understanding what he or she valued, then acknowledging and respecting it. She was everyone’s cheerleader.
Lindsay was a kind, thoughtful coworker, friend and neighbor to the people of your communities.
Much of Maryland borders our great nation’s capital. Does the Maryland General Assembly wish to attract, support and protect talented, intelligent, productive citizens like Lindsay Marie Harvey? Or do you wish to support violent criminals like Shawn Henderson?
Lindsay’s life ended in an unnatural, brutal, senseless way by someone who committed repeated acts of violence against other innocent people. The fact that he was allowed to be free to murder my daughter exposes serious flaws in the present legal and judicial system of your state.
Nothing will change the pain I will feel everyday for the rest of my life. I cry every night hearing her last words as she begged for her life. Every day I anguish over the terror she must have felt those last few seconds of her precious life.
For you, your families, your friends, your co-workers and your constituents, please examine your legal system. Then examine your conscience and vote for safety for the Lindsay Harveys of your communities.
If this does not motivate you to want to do something about the current state of Maryland's criminal justice system, then nothing will. Write to your state representatives and senators and support this legislation -- NOW.
Thursday, March 19, 2009
Sidebars to the Post Story on Diminution Credits
Something I missed in the online version of Monday's Washington Post story on the diminution credits system. There was a sidebar online detailing the various tasks inmates can do in order to get time off their sentences and another one showing the timeline of events that led to Lindsay Harvey's murder.
Also, I will have a report on yesterday's Senate hearing soon.
Also, I will have a report on yesterday's Senate hearing soon.
Monday, March 16, 2009
Hearing on Senate Bill 354 This Wednesday
The Maryland Senate Judicial Proceedings Committee hearing on Senate Bill 354 is coming up this Wednesday. If you would like to attend or testify, here's all of the information for it:
When: Wednesday, March 18, 1:00 p.m.
Where: Senate Office Building, 11 Bladen St., Annapolis, Maryland
Testimony requirements for the Senate:
You must sign up by 12:30 to testify.
You must submit your written testimony 60 minutes before the hearing, therefore 12:00 pm.
You will have 3 minutes to speak, unlimited time to answer questions .
You must submit 20 copies of your written testimony
Sen. Brian Frosh is the chairman of the Senate Judiciary Committee. Sens. Nancy King, James Brochin, James E. DeGrange, Sr., Jennie M. Forehand, Rob Garagiola, Richard S. Madaleno, Jr., Douglas J. J. Peters, and James N. Robey are sponsoring SB 354. Sens. Brochin and Forehand serve on the Senate Judiciary Committee. You can view the makeup of the entire Senate Judiciary Committee here.
There are parking garages near the Senate Office Building, but they do fill up fast. Try to carpool if possible. You can also park at the Naval Academy stadium. Parking is $5.00 and you take a shuttle bus from there to the Senate complex (just ask the bus driver which stop to get off).
When: Wednesday, March 18, 1:00 p.m.
Where: Senate Office Building, 11 Bladen St., Annapolis, Maryland
Testimony requirements for the Senate:
You must sign up by 12:30 to testify.
You must submit your written testimony 60 minutes before the hearing, therefore 12:00 pm.
You will have 3 minutes to speak, unlimited time to answer questions .
You must submit 20 copies of your written testimony
Sen. Brian Frosh is the chairman of the Senate Judiciary Committee. Sens. Nancy King, James Brochin, James E. DeGrange, Sr., Jennie M. Forehand, Rob Garagiola, Richard S. Madaleno, Jr., Douglas J. J. Peters, and James N. Robey are sponsoring SB 354. Sens. Brochin and Forehand serve on the Senate Judiciary Committee. You can view the makeup of the entire Senate Judiciary Committee here.
There are parking garages near the Senate Office Building, but they do fill up fast. Try to carpool if possible. You can also park at the Naval Academy stadium. Parking is $5.00 and you take a shuttle bus from there to the Senate complex (just ask the bus driver which stop to get off).
WASHINGTON POST PUBLISHES STORY ON DIM CREDITS ISSUE
At last, the big-city newspaper coverage we've been hoping for. You might also want to check out the comments people are posting on this article. (Word of caution, however; some of the comments either miss the point, are ignorant at best, or are offensive at worst -- such is life in the online atmosphere.)
More to come later on this Wednesday's hearing in Annapolis on Senate Bill 354.
More to come later on this Wednesday's hearing in Annapolis on Senate Bill 354.
Friday, March 13, 2009
Released Prince George's Murder Defendant Arrested Again
Thank goodness they found this guy and locked him up again, even if it was for a drug charge unrelated to the murder he allegedly committed on Feb. 24, for which he was arrested, only to be released by a judge into his mother's custody. Bottom line is, he is off the streets now.
Thursday, March 12, 2009
The Latest Outrage of Our Criminal Justice System
Since when is a judge's philosophy on the constitutionality of state laws supposed to act as a substitute for a sound judgment in a murder case? In the Washington Post this week: Prosecutors in Prince George's County are seeking to rearrest a suspect who allegedly murdered a man on Feb. 24 and threatened to kill a witness who saw him and another man carry the victim out of an apartment building in Oxon Hill. The 18-year-old suspect was was being held on $1.5 million bond but was released into the custody of his mother by District Court Judge Hassan A. El-Amin.
The judge defended his actions:
[Judge] El-Amin...denounced as "barely constitutional" the state judicial system's method of determining whether and under what conditions defendants are released before trial. The vast majority of defendants are not represented by an attorney at such appearances, he said. [Sean] Sykes [the defendant] had no attorney.
Incredibly, El-Amin did not deem Sykes a flight risk or a danger to the community.
The judge defended his actions:
[Judge] El-Amin...denounced as "barely constitutional" the state judicial system's method of determining whether and under what conditions defendants are released before trial. The vast majority of defendants are not represented by an attorney at such appearances, he said. [Sean] Sykes [the defendant] had no attorney.
Incredibly, El-Amin did not deem Sykes a flight risk or a danger to the community.
Wednesday, March 11, 2009
House Bill 581: The Financial Impact
What will be the financial impact of Maryland House Bill 581 if it becomes law? Longer prison sentences have a price tag, those in opposition to the bill have argued. Del. Curtis S. (Curt) Anderson seemed unconvinced by Montgomery County Police Capt. Mitch Cunningham's testimony that Maryland could emulate the cost savings that Virginia made after becoming a "truth-in-sentencing" state, and that the fiscal impact of reducing violent offenders' diminution credits would cost the state somewhere in the neighborhood of $3.6 million by 2012.
Here's what Capt. Cunningham had to say about crime in Maryland:
In 2006 and 2007, Maryland had the third-highest robbery rate in the US
Maryland is the 6th most violent state in the US (according to the Census Bureau)
Maryland had the second-highest murder rate in the US in 2006 and 2007
Compared with Virginia, Maryland has:
almost three times the violent crime
nearly double the murder rate
2.5 times the robbery rate
And despite the price tag, i.e. the fiscal note, associated with prolonging violent offenders' prison sentences, Capt. Cunningham pointed out that those costs will be balanced out with less need for police, reduction in prosecution, and drops in medical and mental health costs. In my own testimony before the HJC yesterday, I asked the committee members whether the cost of dealing with repeat offenders -- arresting them again, indicting them, trying them, and incarcerating them for even longer periods of time would really be any less than simply extending their original sentences in the first place.
"In the end," Capt. Cunningham said, "you see subject matter experts continually come to your committee year after year for stiffer sentencing. Something must be done to make Maryland less violent. Most states with truth in sentencing have less crime than Maryland. Some states that have it have as much if not more. But...we do know that states that went to truth in sentencing saw their crime rates drop.
"I think we all know we need to institute change in Maryland," Capt. Cunningham continued. "What is being done now is not getting the results we all want."
Here's what Capt. Cunningham had to say about crime in Maryland:
In 2006 and 2007, Maryland had the third-highest robbery rate in the US
Maryland is the 6th most violent state in the US (according to the Census Bureau)
Maryland had the second-highest murder rate in the US in 2006 and 2007
Compared with Virginia, Maryland has:
almost three times the violent crime
nearly double the murder rate
2.5 times the robbery rate
And despite the price tag, i.e. the fiscal note, associated with prolonging violent offenders' prison sentences, Capt. Cunningham pointed out that those costs will be balanced out with less need for police, reduction in prosecution, and drops in medical and mental health costs. In my own testimony before the HJC yesterday, I asked the committee members whether the cost of dealing with repeat offenders -- arresting them again, indicting them, trying them, and incarcerating them for even longer periods of time would really be any less than simply extending their original sentences in the first place.
"In the end," Capt. Cunningham said, "you see subject matter experts continually come to your committee year after year for stiffer sentencing. Something must be done to make Maryland less violent. Most states with truth in sentencing have less crime than Maryland. Some states that have it have as much if not more. But...we do know that states that went to truth in sentencing saw their crime rates drop.
"I think we all know we need to institute change in Maryland," Capt. Cunningham continued. "What is being done now is not getting the results we all want."
House Bill 581: The Hearing
This may be one of several posts about the hearing.
Yesterday's hearing before the Maryland House Judiciary Committee on House Bill 581, which seeks to limit the amount of diminution credits that violent offenders can attain towards early release was insightful, to say the least. If it's possible to be both emboldened and a little frustrated at the same time, then that was definitely the case with me in Annapolis yesterday.
Del. Benjamin F. Kramer, the bill's sponsor, spoke first -- as is the procedure at these hearings -- to promote the passage of the bill, saying among other things that the dim credits system is deceptive and undermines the idea of truth in sentencing because a judge imposes a sentence, but then neither the judge nor the victim nor the average human being knows just how much of that sentence the offender will serve. These credits are doled out by the corrections system -- without prior notice to their victims -- and do not speak to the issue of whether an inmate is actually ready for freedom. The parole board is supposed to determine that.
Montgomery County Police Chief Thomas Manger spoke next in support of the bill. He was the first to tell the story of what happened to Lindsay Harvey on April 13, 2008. I followed Chief Manger with my testimony. And the committee also received written testimony from Debra Harvey, Lindsay's mother.
I told the committee members that our criminal justice system is supposed to protect innocent people against violent criminals but failed in its duty to protect Lindsay Harvey -- and did so in the worst way possible.
"Diminution credits do not turn violent offenders into law-abiding citizens," I said. "They endanger those of us who are."
I told the committee members that our criminal justice system is supposed to protect innocent people against violent criminals but failed in its duty to protect Lindsay Harvey -- and did so in the worst way possible.
"Diminution credits do not turn violent offenders into law-abiding citizens," I said. "They endanger those of us who are."
Next up was David Mulhausen, a statistical analyst from The Heritage Foundation who argued that truth in sentencing makes incarceration more meaningful and has helped reduce violent crime in other states. This is something that was also argued by Montgomery County Police Capt. Mitch Cunningham and other police personnel and Maryland state prosecutors whose testimony followed Mulhausen's.
John McDonald, the lead prosecutor for Queen Anne's County, said that parole -- not diminution credits -- is supposed to be the carrot that gets inmates to behave better and thus make their case for early release. Diminution credits, he said, are not "good time" credits, they're simply credits -- inmates earn them at pretty much the moment they're incarcerated. They essentially get credit for time they are never going to serve, he said (you may remember that Shawn Henderson's bid for parole in 2004 was rejected, but he was released early anyway because of the diminution credits he had attained during his stay in prison).
Mitch Cunnigham, for his part, spent time debunking defense lawyers' long-held beliefs about violent crime and its causes, saying that poverty and employment as factors don't hold water because Montgomery County, for one, has one of the nation's lowest unemployment rates but has one of its highest crime rates. He compared Montgomery County's crime rate with that of neighboring Fairfax County, Virginia, which have similar per capita incomes but different criminal justice systems. In Virginia, where truth in sentencing is in place, the crime rate has been reduced and many offenders have been "redirected" or given alternative sentencing options, depending on what risk they pose to the community (more on the data Capt. Cunningham compiled in a future post).
None of this, of course, was enough to dissuade those who testified against HB 581. Lori Adler, an attorney representing the Office of the Public Defender, said that violent offenders are already subject to very long sentences (leaving out the fact that none of these offenders actually serve that time, due to sentence suspensions, reconsiderations, and of course, diminution credits). She also challenged the assertion that the system in Virginia has actually reduced crime and believes that state has suffered a huge financial burden, despite Capt. Cunningham's testimony to the contrary.
And of course, there were some members of the HJC, particularly Del. Curtis S. (Curt) Anderson, of Baltimore City, who indicated that concept of truth in sentencing means different things to different people and argued that judges are indeed well aware that violent inmates participate in all of the programs that offer diminution credits.
More to the point, Anderson also indicated that he could not see HB 581 going forward so long as it had such a large fiscal note attached to it (more on that in a future post).
To conclude, I will tell you that I have never felt so emboldened by this cause than I did yesterday. I believe those who gave the expert testimony in support of the bill, including Del. Kramer, made a solid case for its passage, refuting perfectly just about every bit of opposition that came their way. These people did not just assert their support for HB 581 -- they vigorously defended it against every hint of opposition that was thrown their way.
Unfortunately, there is no way to know at this time whether HB 581 will survive the committee process and reach the House floor. But this legislation is clearly worth fighting for, and if it does not get passed or does not receive a favorable review by the committee this year, I have no doubt that we should come back to the Assembly next year and try and get this passed again.
Friday, March 6, 2009
Hearing on House Bill 581 This Tuesday
The Maryland House of Delegates Judicial Proceedings Committee hearing on House Bill 581 is coming up. If you would like to attend or testify, here's all of the information for it:
When: Tuesday, March 10, 1:00 p.m.
Where: House Office Building, 6 Bladen St., Annapolis, Maryland
Testimony requirements for the House:
- You must sign up by 12:30 to testify
- You must submit your written testimony 60 minutes before the hearing (in this case, 12:00 pm)
- You have 3 minutes to speak, plus unlimited time to answer questions
- You must submit 35 copies of your written testimony
Del. Joseph F. Vallario, Jr. is the chairman of the House Judiciary Committee.
Dels. Ben Kramer, Don H. Dwyer, Jr., Susan K. McComas, Kirill Reznik, Christopher B. Shank, and Michael D. Smigiel are sponsoring House Bill 581. All except Reznik and Shank serve on the House Judiciary Committee.
When: Tuesday, March 10, 1:00 p.m.
Where: House Office Building, 6 Bladen St., Annapolis, Maryland
Testimony requirements for the House:
- You must sign up by 12:30 to testify
- You must submit your written testimony 60 minutes before the hearing (in this case, 12:00 pm)
- You have 3 minutes to speak, plus unlimited time to answer questions
- You must submit 35 copies of your written testimony
Del. Joseph F. Vallario, Jr. is the chairman of the House Judiciary Committee.
Dels. Ben Kramer, Don H. Dwyer, Jr., Susan K. McComas, Kirill Reznik, Christopher B. Shank, and Michael D. Smigiel are sponsoring House Bill 581. All except Reznik and Shank serve on the House Judiciary Committee.
Wednesday, March 4, 2009
Moore Pleads Guilty to Conspiracy
First of all, my apologies... I had posted something about this last week but then pulled it upon hearing that this plea deal had not yet been finalized but was actually being considered by the judge in the case. Justice for Safety regrets this error.
In any event, Anthony Moore has pleaded guilty to conspiracy to commit armed robbery in Lindsay Harvey's death in exchange for prosecutors dropping the charges of armed robbery and first-degree felony murder against the 16-year-old.
The conspiracy charge carries a maximum of 20 years. Judge Paul Weinstein is considering a possible sentence of 5 years, with all but 18 months suspended.
In any event, Anthony Moore has pleaded guilty to conspiracy to commit armed robbery in Lindsay Harvey's death in exchange for prosecutors dropping the charges of armed robbery and first-degree felony murder against the 16-year-old.
The conspiracy charge carries a maximum of 20 years. Judge Paul Weinstein is considering a possible sentence of 5 years, with all but 18 months suspended.
Tuesday, March 3, 2009
ATTENTION MARYLAND RESIDENTS: It's Crunch Time
Last night, I spoke again before the Gaithersburg City Council about the diminution credits issue that is now on the Maryland General Assembly's agenda. Here is the text from my speech.
Thank you. Back in November, Mayor Katz and the
I have some good news to report since last November. First of all, you will be very relieved to know that Shawn Henderson, the man who was charged with killing Lindsay Harvey, was convicted of her murder a few weeks ago and is now facing life in prison without the possibility of parole. I am also pleased to tell you that our proposed legislation regarding the diminution credits has been introduced in both the House of Delegates and the
All of this notwithstanding, the issue remains the same. We have a correctional system in Maryland that we believe is far too lenient when it comes to issuing time off for good behavior for violent criminals and does not speak to the issue of whether these inmates are deserving or ready to be let loose into society. Senate Bill 354 and House Bill 581, if passed, would be an important first step towards ensuring that violent offenders serve as much time in prison as is necessary.
The passage of these bills is far from guaranteed. They will face strong opposition in both houses of the General Assembly. Because of this, I am asking you for your help. I would like all of you to please write to your state delegates and senators and urge them to support this legislation and get it passed. Tell them that you want your streets and your neighborhoods to be made as safe as possible and that you support this legislation.
I would also encourage you to visit our blog. That address is justice4safety.blogspot.com.
Time is of the essence here. The hearing on the House Bill is next Tuesday, March 10, and the hearing on the Senate Bill is on Wednesday, March 18.
On behalf of myself and the friends and family of Lindsay Harvey, I thank you all very much for your support.
It should be noted here that the proposed diminution credits legislation is now listed in a brochure describing the City of
- On April 13, 2008 a
- We are seeking passage of a bill that would prevent
- Passage of this bill will not affect a prisoner's ability to be released on parole or restrict a judge's ability to reduce a prisoner's sentence through a reconsideration hearing.
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The city is planning to send one of its representatives to testify at both hearings in Annapolis.
Remember those dates, everyone. March 10 is the day of the House bill hearing, and March 18 is the Senate hearing. Please WRITE TO YOUR STATE REPRESENTATIVES IN BOTH HOUSES OF THE GENERAL ASSEMBLY and urge them to support these bills, especially they happen to sit on either of the judiciary committees in the General Assembly. If you do not know who your elected representatives are in the state of
This issue is going to need all the help it can get. Our testimony in
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