Two times, Baltimore City juries have heard the evidence against Erik Stoddard. Two times, they have chosen to convict him of the second-degree murder of his girlfriend?s 3-year-old daughter, Calen Dirubbo.
But after each conviction, judges have intervened, agreeing with Stoddard?s attorney?s arguments that technical violations during the trials render his convictions void.
This week, Baltimore City prosecutors took on Stoddard, 27, yet again.
“The defendant took out his anger on Calen,” prosecutor Julie Drake told the jury during opening arguments in Stoddard?s third trial on the same charges. “The defendant punched Calen in the abdomen repeatedly and with tremendous force.”
On June 15, 2002, Calen Dirubbo was pronounced dead at her home in the 2500 block of Moore Avenue in Northeast Baltimore, where she lived with her mother and Stoddard, prosecutors said.
Calen died as a result of multiple beatings over at least a month and the fatal blow severed her bowel, according to prosecutors, who said they proved Stoddard was the only adult with Calen when the fatal blow occurred.
Calen was a “cheerful, outgoing little girl” until early 2002 when Stoddard began dating her mother and moved into her home, Drake said.
Then “bruises and injuries” began to appear on Calen?s body, she said.
“The defendant was impatient and uninterested in the caring for children,” Drake said.
Drake said Calen?s mother knew Stoddard was abusing her daughter, but did nothing to stop him. She was never charged.
But Stoddard?s attorney, Gregory Fisher, declared his client innocent ? and told jurors Calen?s stepfather was probably to blame for the toddler?s injuries.
“Mr. Stoddard is nothing more than a scapegoat,” Fisher said.
Stoddard was last sentenced to 60 years in prison.
Appellate judges first overturned his conviction because the first trial judge allowed hearsay testimony from Calen?s 18-month-old cousin Jasmine Pritchett, who asked, “Is Erik going to get me?”
The second time, a judge vacated the jury?s verdict because jurors were never asked if they could be fair to a defendant from another race. Stoddard is white.
The trial is expected to continue today.
