Today marks one year since Lindsay Harvey died after a convicted robber shot her and left inside a dumpster enclosure in the parking lot of her apartment complex in Gaithersburg.
Lindsay had lived here in Montgomery County for four years after moving here from upstate New York. During that time she worked as a DNA technician, then DNA analyst, for the Armed Forces DNA Identification Laboratory in Rockville. She was among 40 other analysts at the lab whose job was to help identify the remains of missing soliders from as far back as World War I.
On Saturday, April 12, Lindsay was doing what most young professionals in their mid-20s like to do -- hanging out with some good friends. And then, after the clock struck midnight the following morning, she came home.
But she never made it to her apartment door. And now, even a year later, we are still asking ourselves why and how.
Lindsay Harvey's April 13, 2008, death at the hands of Shawn Marqueis Henderson exposed serious flaws in the criminal justice system in Maryland that allowed Henderson to be free the night that he killed her instead of in a prison cell where he belonged. Her murder has prompted a movement that has forced lawmakers to reexamine the way the correctional system in Maryland handles its most violent offenders.
I have used this blog mainly to provide information and updates on this movement and other things and events related to the diminution credits system in Maryland, as well as the trials of Shawn Henderson and his accomplices. Very rarely, if ever, have I used this blog for mere pontification or posted items here that represent pure, unfiltered commentary on my part since it was started.
One reason for this is that I want this movement -- and this blog -- to be mainly about the facts regarding Maryland's criminal justice system and the ways it can and should be changed. I also want to use this blog to spur people into action and get them to write to their state representatives in Maryland so that one day we may finally see the change in the criminal justice and correctional systems that is so badly needed in what the US Census Bureau ranks as the nation's 5th most violent state.
It is not my intention to turn this blog into an ongoing obituary for Lindsay Harvey. Lindsay was a very private person, and her closest friends made it abundantly clear to me when we started this whole thing last spring that the movement needs to be about putting people like Shawn Henderson behind bars longer so that they are not released from prison before they are ready.
But there's also no hiding the fact that it is because of Lindsay that this movement is taking place. We are pushing for changes in the system in honor of Lindsay's memory, and because Lindsay herself would have been proactive had one of her friends died in such a tragic manner. And if anyone was worthy of the protection of our criminal justice system, it was Lindsay.
Lindsay Harvey lived a good life, one that she should still be living. She was a good person. She was a kind, gentle soul who did nice things for people because she enjoyed doing those things. She cared about people and respected all living things.
Shawn Henderson, on the other hand, is a vicious street criminal who cared about nobody but himself. He slashed and stabbed people after robbing them. He ruthlessly and senselessly murdered an innocent woman. And he showed his true colors in court by trying desperately to pin the blame on others for what he did to Lindsay.
The worst part of all of this, of course, is that Lindsay's death could have and would have been prevented if only those who should have known better -- especially those who preside over the legal, criminal, correctional systems in Maryland -- had shown some common sense. But even worse than that is the fact that some of the most powerful lawmakers in the state of Maryland still do not seem to be inclined to move forward legislation that would improve the system.
Shawn Henderson will soon no longer be society's problem. He will hopefully be sentenced to life in prison without the possibility of parole when his sentencing hearing takes place on May 21. Assuming that happens, diminution credits will not help him this time -- lifers without parole are not eligible for such credits.
But putting Shawn Henderson away this time for good doesn't change what happened. It won't bring Lindsay back. And it won't change the fact that scores of violent criminals in Maryland's prison system are still getting out of jail early because the credits they earn once they enter the system essentially mandate their early release.
That Shawn Henderson was free to murder Lindsay Harvey on April 13, 2008, because diminution credits helped win him his freedom after serving just half his original prison sentence will forever be a black mark on the criminal justice system in Maryland. And that will forever leave a bitter taste in the mouths of everyone who knew and loved Lindsay and knows all too well that she should still be living her life today.
The system needs to be changed. Giving violent criminals endless and easy incentives for early release isn't just wrong, it's dangerous. Our state cannot continue to constantly put innocent people's lives at risk like this.
To paraphrase the question posed by Debra Harvey during the hearing on Senate Bill 354 last month, does the state of Maryland -- home to two major metropolitan areas -- want to attract talented, productive citizens like Lindsay Harvey, or does it want to protect violent criminals like Shawn Henderson.
I think most people living in Maryland know what they would choose. But what about our top lawmakers in Annapolis? When will they finally step up to the plate and acknowledge that we have a serious problem here?
Our legislation to limit diminution credits in Maryland did not get out of committee in the Maryland House or Senate this year. But we will be back next year to try again. We have already made great strides with the research we've done and the support we have garnered from some lawmakers in Annapolis. At some point later this year, we will regroup so that we may make even greater progress on getting this legislation passed.
Memo to Brian Frosh and Joseph Vallario: Our commitment to keeping Marylanders safe is as strong as ever. So is our commitment to achieving justice for Lindsay Harvey and her family.
To put it more plainly, this isn't over. Not by a longshot.
Rest in peace, Lindsay.
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