Dana Bankins says she feels like her “hands are tied.”
In August, a Baltimore City jury found her 31-year-old teacher son not guilty of raping a female student. Yet, he remains behind bars.
“What can I do?” Bankins asked Tuesday, after a judge postponed until Jan. 16 a court hearing that could have freed her son. “He?s been sitting in jail for two years and seven months already, and now they?re saying another month and half. It?s just sad. They should bring my son home. We have an innocent man behind bars away from his daughter over the holidays.”
Baltimore City prosecutors are using a controversial maneuver to hold Charles Carroll, 31, in jail.
Despite his acquittal, Carroll?s arrest due to a 13-year-old girl?s rape claim could constitute a violation of his probation from a previous offense ? and he?s locked away until a judge rules on that issue.
Tuesday was his birthday, his mom said.
“There have been so many postponements,” Bankins said. “We?re always ready to go. It?s really, really sad that they constantly do this.”
Seeking 15 years in prison, prosecutors need to convince a judge at a parole-violation hearing only that “a preponderance of evidence” shows Carroll committed a crime.
Prosecutors were unable to secure any convictions against Carroll, a teacher at an East Baltimore private school.
In addition to the August acquittal, prosecutors decided in November to drop sex-offense charges based on allegations against Carroll made by two other girls.
Carroll?s friends and family held a rally Monday outside Baltimore City Circuit Court, demanding his release.
There, his supporters, Geraldine Woods, 39, and Albert Phillips, 43, said they couldn?t believe Carroll?s exonerations weren?t enough to free him.
“He should be home with his family,” Woods said.
An ex-convict guilty of second-degree murder at age 17, Carroll turned himself into the police in 1993 and served a seven-year sentence, then pursued education and got a job, his family said.
Christina Phillips Holtsclaw, the principal who hired Carroll at Community Initiatives Academy, said he deserved a second chance.
Carroll?s attorney argued through his August trial that his main accuser was motivated by money and had filed a civil suit against Carroll and the school.
Carroll?s friends and family have started an online petition asking for his release at: www.petitiononline.com/danabank/petition.html
As of Tuesday, eight people had signed it.
