Defense attorneys admit the gruesome beating death of Raymond Smoot at the Baltimore Central Booking and Intake Center in 2005 was a horrible tragedy.
But they say their clients, the three former correctional officers charged with the crime, are not the killers.
“This was a tragic, unnecessary death, absolutely horrific,” said Margaret Mead, the attorney for Dameon Woods, one of the three former jail guards charged with beating Smoot to death.
“[But] the question is not ?What happened?? but ?Who did it?? And Dameon Woods did not do it.”
Mead made her statements Wednesday as part of the trial?s opening arguments.
Her client, Woods, along with former co-workers Nathan Colbert and James Hatcher, are charged with second-degree murder, assault and conspiracy in Smoot?s death.
Smoot, 51, of Baltimore, died May 14, 2005, after a struggle broke out involving 25 to 30 guards, during which officers at the Baltimore jail repeatedly stomped and beat Smoot.
Baltimore City Assistant State?s Attorney Mark Cohen told jurors of how correctional officers “kicked, stomped and beat” Smoot, causing “multiple skull fractures” and “fractured ribs.”
Cohen said he sympathized with the difficulty of the officers? jobs, especially when dealing with Smoot, who was a known agitator at the jail who would “push the buttons of the guards.”
“But we all have to be governed by the rule of law … You can?t just fly off the handle,” he said.
Andrew Alperstein, who represents Hatcher, said his client “did not kill, did not touch, did not assault Mr. Smoot.”
He said the state is unfairly blaming the officers for the crime, which was created by a chaotic situation inside the cramped Central Booking facility.
Central Booking was built to process up to 45,000 people annually ? less than half the 100,000 people arrested annually by Baltimore City police ? causing many people to be held for more than the legal limit of 24 hours after an arrest.
“The state, which has underfunded and understaffed that jail, now can?t accept blame for their flaws ? so somebody had to be charged,” Alperstein said.
He said Hatcher is a grandfather, church deacon and Sunday school teacher.
Robert Cole Jr., Colbert?s attorney, said Smoot?s cell mate will testify that Colbert had nothing to do with Smoot?s death.
“He is adamant, 100 percent, that Mr. Colbert did not enter that cell,” Cole said. “He did not touch Mr. Smoot.”
The trial is expected to last three weeks.
AT A GLANCE
Raymond Smoot?s death created wide-ranging ramifications in Baltimore City, including:
» The three correctional officers charged with murdering Smoot facing a $130 million wrongful death lawsuit filed by Smoot?s family in addition to the criminal trial. Smoot?s family is also suing the state prison system.
» Smoot?s death prompting the FBI to open acivil rights investigation.
» State officials terminating eight correctional officers at Central Booking after Smoot?s death.
