Simmeon Anderson was charged in 2000 with attempted first-degree murder. Six years, a vacated verdict and 24 postponements later, he?s awaiting a January trial.
“This is a case that demonstrates all the different ways a case can be postponed,” said Margaret Burns, spokeswoman for the Baltimore City State?s Attorney?s Office.
Anderson?s postponements are emblematic of a problem dogging Baltimore City courts: Large numbers of cases being postponed, a situation that creates hardships for defendants, witnesses, victims and justice generally.
“It?s mind-boggling,” said Baltimore City Circuit Court Clerk Frank Conaway. “I?m afraid that postponements cause defendants to be released. The more times cases are postponed, the more likely it is to lose a witness or have people lose their memory.”
Conaway and Baltimore City Circuit Court Judge Brooke Murdock are co-chairs of a Baltimore City Criminal Justice Coordinating Council committee tackling the issue of postponements.
The committee found that 51 defendants with Circuit Court cases this year have had their cases postponed more than 10 times. One man?s case has been postponed 34 times; another?s 29 times.
Nearly 49 percent of the time cases were postponed because defense attorneys were unavailable; 18 percent because the judge was unavailable; and 15 percent because the prosecutor was unavailable, according the committee?s report.
Murdock said the judges have created a new form to better track the reasons for postponements and plan to revisit the issue in six months.
In 2007, the judges plan to reorganize how they hear cases to help manage the workload.
The high number of postponements causes problems, Burns said.
“We consider it a major problem for prosecutors,” she said. “We?ve had police officers retire and move away. Some witnesses come to court so many times they become frustrated and don?t want to come back.”
Ivan Bates, Anderson?s former attorney, said defense attorneys see the wear of postponements on their clients.
“In the end, it makes people take pleas they shouldn?t be taking, just so they can get out of jail,” Bates said.
Burns said the courts need more money for judges, prosecutors, public defenders and court space.
“It?s an entire criminal justice system that?s overwhelmed,” she said. “Hopefully, Mayor O?Malley, now that he?s governor, will be able to fix that problem with an improved courts budget.”
