A Baltimore City judge will stand trial on numerous environmental crimes after attempts Friday to dismiss the case failed.
Attorneys for District Judge Askew Gatewood Jr. contended the statute of limitations had expired on the charges of dumping construction material around Gatewood?s waterfront house on the Patapsco River in Pasadena.
“Their case is flawed in several aspects,” said John Dougherty, one of Gatewood?s attorneys.
But Anne Arundel Circuit Judge Eugene Lerner said an agreement signed between the state and Gatewood extended the deadline, allowing the state to file its criminal charges.
“There is no evidence to support [dismissal]. … It was a continuing offense,” Lerner said.
Anne Arundel inspections in October 2006 discovered tons of construction material ? drywall, rebar, toilets ? around Gatewood?s property, which is a peninsula on Bay Road in the Patapsco River, that he claimed was permitted to restore shoreline lost during storms, extending his shoreline by 500 feet.
Despite a stop-work order, more material was seen around the site several days later.
Gatewood did sign an agreement in November 2007 to extend the deadline, but Dougherty contended Friday that the agreement was flawed.
“They are trying to raise a straw horse and make the state walk it,” said Assistant Attorney General Bernard Penner. “There is no deceit or attempts to hide anything.”
The trial will go forward June 2.
Gatewood elected not to be present at the trial due to scheduling conflicts, Dougherty said. He is a sitting judge.
Dougherty and Penner declined to comment following the hearing.
Dougherty also said officials in the Maryland Attorney General?s Office failed to sign the charging documents, rendering them null and void.
Lerner said though it was “irregular” for the signature to be missing, the charging documents were still admissible, and Penner agreed to sign the document.
“None of his can arguments withstand an honest scrutiny,” Penner said.
The issue of Anne Arundel County Executive John R. Leopold?s involvement was raised by the attorneys. Leopold publicized the case when no action came from the AG?s office a year after county inspectors discovered the debris.
Dougherty has said Leopold?s action pressured the AG?s office to move with charges, but Penner said remedies were being worked out.
“The county executive?s impatience should not derail this case,” Penner said.
