When Baltimore City prosecutors drop a felony charge, they have a good reason, a new report states.
Of the 4,831 cases dropped last year in Baltimore City Circuit Court ? the arena reserved for Baltimore?s most serious crimes ? 1,809 were tossed due to problems with police work and 915 were dropped because of problems with witnesses, according to the Baltimore City State?s Attorney?s Office 2006 report on dropped cases and inactive dockets.
“This list is an opportunity for our office to be transparent,” said Margaret Burns, a spokeswoman for Baltimore City State?s Attorney Patricia Jessamy. “A lot of people judge an office by the conviction rate. Mrs. Jessamy wants to judge the office by its dismissal rate. It shows her why we?re losing some cases ? and these are the areas where she?s working to improve the system.”
Among the reasons for prosecutors dropping cases:
» In more than 400 cases, police officers failed to appear to testify;
» More than 700 cases had an insufficient link between a crime and a suspect;
» Almost 400 cases had an illegal search or seizure;
» In more than 100 cases, no crime was committed.
Among other problems with police work, 56 cases had a defective charging document, 35 cases had negative chemical analysis reports, 16 cases had a charging document that was a duplicate of another report and 11 cases had ballistics or DNA evidence that did not implicate the accused.
“In our drug cases, often the police officers are the only witnesses we have,” Burns said. “When a police officer doesn?t show up ? and when the laboratory cannot confirm the allegation that the drugs are actually illegal ? we can?t move forward on these cases either.”
Witness problems also caused prosecutors to decline to pursue a significant number of cases, according to the report.
Last year, 566 necessary witnesses didn?t show at Circuit Court; 185 substantially changed their previous statements; 147 gave statements that were not credible; and 17 witnesses invoked their Fifth Amendment right against self-incrimination.
“Witnesses present huge daily ? and sometimes hourly ? challenges,” Burns said. “All of our prosecutors, every day, experience some type of witness issue ? whether they haven?t shown up, report a different story or are intimidated by threats.”
Burns said those witnesses who do stick out the long delays and testify in court are heroes to the community.
“It?s very tough to hang in there, but we need people who say, ?I can help our community become safer,? ” Burns said.
Deals cut by prosecutors accounted for nearly 1,500 cases being dropped in Baltimore City Circuit Court, including 839 because of plea negotiation in another case and 433 because an alternative to prosecution, such as counseling or drug treatment, was completed, according to the report.
In 134 cases, the State?s Attorney?s Office deemed prosecution “unproductive,” and 83 cases were dropped because restitution was promised to the victim.
Baltimore police spokesman Matt Jablow did not immediately respond to a reporter?s phone call for comment. He said the police department orders every officer to appear in court.
Top 10 reasons for dropping cases
1. Plea negotiations in unrelated case: 839
2. Insufficient link between crime and accused: 703
3. Necessary witness did not appear: 566
4. Alternative to prosecution completed: 433
5. Police officer was necessary witness but failed to appear: 416
6. Illegal search or seizure: 391
7. Witness substantially changed prior statement: 185
8. Witness lacked credibility: 147
9. Prosecution deemed “unproductive”: 134
10. No crime committed: 103
Source: Baltimore City State?s Attorney?s Office; 2006 data for Circuit Court.
