A Prince George’s County domestic violence victim’s ordeal may help strengthen state laws protecting others like her after Maryland’s highest court handed down a scathing assessment of the current system.
The Maryland Court of Special Appeals ruled Wednesday that Tracy Palmer had no right to demand a new sentencing hearing for her abusive ex-boyfriend even though she said she never received notification of a hearing where a judge cut nearly a decade from her attacker’s 15-year sentence.
State law requires that victims be notified of any motion or hearing regarding their case, but Palmer argued she never received letters sent by the Prince George’s State’s Attorney’s Office notifying her of hearings in December 2004 and April 2005.
But in the decision, Judge Glenn T. Harrell Jr. wrote that state law doesn’t permit a victim to appeal an otherwise legal sentence, even if the victim’s rights have been violated. “The victims’ rights provisions in Maryland law still lack adult teeth,” Harrell wrote.
The ruling shows that State’s Attorney Glenn Ivey’s office included letters sent to Palmer in the case file, but they were not given weight in the decision because the addresses were blacked out.
Ramon Korionoff, Ivey’s spokesman, told The Examiner that Palmer’s identity was being protected. But in the case file, which is open for the public’s perusal, her address would have been available to anyone. A law allowing victims’ information to be sealed as part of the regular process would provide that protection, while also creating proof for judges that notification has been properly sent, Korionoff said. “It is incumbent upon the sitting judge to be aware of whether or not the victim has been notified,” he added.
State lawmakers, however, seem poised to take on a different issue.
Sen. Brian Frosh, D-Montgomery, chairman of the Senate’s Judicial Proceedings Committee, said, “It’s absurd that a victim has a right to be notified of a hearing and the right to come, but if nobody tells her about it, well, then she never gets to have any input.”
He and others want to close the gap in the law, ensuring that the victims have a recourse through the appeals process. Meanwhile, the high court is requiring that Prince George’s County reimburse Palmer for her legal bills.
