NOTE: I brought this back to the top do to reader request.
Read This LINK to see what sparked this letter
Dear Mr. Ayres:
I enjoy reading your blog on a daily basis and appreciate your effort to keep the community informed. I have been impressed that you do your best to be accurate in what you report.
With that in mind, I thought you might like to know the details on today’s blog post about the entry of nolle prosequi on the cases you mentioned. When we enter a nolle prosequi we usually state a reason, but those reasons don’t find their way onto Maryland Case Search so the public has no way of knowing why things happen the way they do.
The charges you mentioned about Honiss W. Cane, III were not prosecuted because there was no probable cause for the search of Mr. Cane. Both the Maryland and US Constitution prohibit searches of individuals without probable cause so the entry of the nolle prosequi was in fulfillment of our constitutional duties.
David Gambrell and Daniel Ng, who you listed separately, were codefendants. Gambrell admitted the drugs were his and he was convicted but then placed on probation before judgment by the court. A nolle prosequi was entered as to the charges against Ng because of the admission of Gambrell and there was no evidence to the contrary.
A nolle prosequi was entered as the charges against Timothy McCoy Wilson and Luis Rafael Ahorrio only after the U.S. Attorney’s Office indicted them federally. We conference with the U.S. Attorney’s office whenever we have a defendant with large amounts of CDS because often the defendant will get more time in the federal system than at our level. That was the case with Wilson and Ahoriio and that is why we entered a nolle prosequi. It certainly was not for the purpose of letting them get away with something, to the contrary, it was to assure that they got more time.
The charges against Juergen D. Ervin, Jr. were handled appropriately. The alleged victim in that case was allowed to stay in Ervin’s house while Ervin was out of town. When Ervin returned, the “victim” had changed the lock on the house and wouldn’t allow Ervin in. It is not a crime to break into your own house, particularly after someone has attempted to keep you out of it. There was no evidence that an assault took place and the charges were not prosecuted for lack of evidence.
The details you listed for Gregory Secon are correct as far as they go, but again, there is more that you don’t know. This was not the first case between this defendant and the same victim. Upon review of the case, it was marked “DO NOT DROP”. On the first scheduled trial date, as had happened before, the victim failed to honor her subpoena and didn’t show up for court. Rather than drop the case, the State was able to get the case postponed and had to issue a show cause order to get the victim to show up for the next trial date. At that time, it was clear that this victim, as is often the case in domestic violence prosecutions, did not want to assist in the prosecution of the case. Rather than try the case and possibly lose everything with a recalcitrant victim, the State took a plea of guilty to 1 count of 2nd Degree Assault and entered a nolle prosequi as to the second.
As to Jarrett R. Tillman, he was one of 3 codefendants. In order to get a conviction in any of the 3 cases, we needed one of the other 2 to testify against him. All 3 codefendants advised the state that they intended to invoke their 5th amendment right to remain silent if called as a witness. Without a witness, it was impossible to get a conviction and so the charges were not prosecuted.
This leaves us with Lisa Bergling Kerstetter. The prosecutor who handled that case is not available today. I will respond to you tomorrow as to the details of that case.
I hope you can see from this rather long message that there are reasons for the entry of a nolle prosequi. We certainly don’t sit around looking for ways to get out of prosecuting cases. Questions about sentencing should be directed to the court and not to my office. Anytime you have a question about why a case was handled the way it was, please feel free to call me.
Thank you once again for the valuable service you provide the community.
Sincerely,
Joel J. Todd
State’s Attorney for Worcester County
40 comments:
And there you have it, straight from the horse's mouth. It's kind of like everyone who has a driver's license thinks they are an expert on traffic engineering, or everyone who has ever been to court thinks they are an expert on the law.
I have a question. Can a defendant who is facing charges insist on pleading guilty? In other words who has the last say? Can the state refuse to let someone plead and insist on a trial?
Mr. Todd - What is your excuse for Clarence Jackson? Please do explain not prosecuting him to the fullest extent of the law in his most recent case held in September.
Please also explain your reason for remaining silent during his sentencing.
Clarence Jackson is a habitual offender. You had the opportunity to put him away for a long time.
Who cares if he gave you information about a murder case. Everyone knows he did that to cover his own butt and his family members say that he failed a polygraph relating to the information he gave you. Do Tell!
While your explaing things - word is that the victims of Clarence Jackson were not contacted about how you were going to go soft on him and weren't consulted about the case at all.
How is it that information leaks like a sieve out of your office about cases and some people who have endorsed you know what is going on before the victims do?
This can all be proven and you Mr. Todd do not give any respect or care to victims of crime you treat them as if they don't exist.
Don't worry folks thanks to Mr. Todd this criminal will be out and about in a short period of time to do another crime against some unlucky citizen of Worcester County.
The letter from Mr. Todd should clear up a lot of questions. Some would have you think that his office stets, or nolle prosses every case. Being a prosecutor is not an easy job. Dealing with victims, judges, police officers, and the public can be very difficult.
"The letter from Mr. Todd should clear up a lot of questions."
I would imagine this pertains to other MD Offices of the State's Attorney.
"Some would have you think that his office stets, or nolle prosses every case."
Hmmmmm, Seems to me some would like you to think that Beau Oglesby stets, or nolle prosses every case also.
"Being a prosecutor is not an easy job. Dealing with victims, judges, police officers, and the public can be very difficult."
Especially the public around here (*certain people) that have vendettas against everything and everyone that moves and takes it out on candidates just because they don't like someone!
anon 9:23 am
A group of over 350 victims and their supporters has formed on Facebook to support Mr. Todd's re-election. They do not agree with your comments. In 25 years of prosecuting it's easy to find fault. Beau has 10 years as a prosecutor, less probably cause he spent two years being paid to put violent criminals back on the streets. When he gets that much experience lets come back and pick his career apart. Actually we can do that now, cause he's done his share of pleas, nol proses and the rest. Give it a rest Todd haters. The man has done a good job overall and the only people not happy with him are 2 dozen cops who want their buddy in office so they can control it. Joel Todd is not in anyone's pocket and never will be.
And I might add that at least Joel tries to address the concerns of the public even so far as to respond to this blog. Beau has yet to admit he defended criminals. He claims he's a career prosecutor and that this is his hometown but those are easily proven to be lies. I for one don't like a man who pretends to be something he is not.
and I guarantee that 349 of those facebook supporters have had ZERO experience with the court system, 3:13.
If and when THEY all tell their postitive court stories then they will have credibility. Just because you sign up for a facebook supporting something means nothing.
Beside most of those facebook people have probably not ever even heard of Joel Todd in their lives.
There are only so many prosecutors, therefor if you are an attorney you defend criminals. Thats what attorneys do and criminals have rights according to the constitution. And I think all three FOP lodges endorsing Oglesby is more than a handful of police.
It's less than 40. There are hundreds of FOP members in this county. That is not even close to representational. Too many were shut out of the votes because the lodge presidents were in cahoots. That is the truth. If it's not the truth then why won't the lodges confirm the numbers? They don't wanna admit it it's such a small number who are trying to speak for everyone. I am a lodge member and I was shut out and they don't speak for me.
I don't know but I've checked the FOP Facebook pages and noticed that the meetings in which candidates endorsements was to take place, notice was given way in advance. I also know that the membership of the FOP's is way more than those who actually ever do anything. So for those who are crying that they didn't know about a vote, it's their own fault, they should be more active.
Then you should have went to the meeting
After 20 something years in office Todd only has 350 supposed victims and their supporters standing up for him? Doesn't say a whole lot.
9:23 had relevant questions for Mr. Todd and it would appear as if his handful of supporters have decided to run interference for him while he has chosen not to answer. Typical politician!
Being a voter in Worcester County I've been learning as much as possible about our candidates running for offices because like many residents I'm fed up with the way things happen in this County.
Evasiveness by candidates is a sure warning sign that they don't want to answer questions from their constituents and going down this path is a sure way to lose votes to be cast by the many undecided voters.
As an undecided voter I no longer have to worry about who I'll vote for in the State's Attorney race.
I have personally heard from members of junior's family how disappointed they were that he wasn't given a longer prison sentence. When junior found out that his family had turned against him, he started harassing them, even setting fire to their property. This happened before he was arrested.
They imagine he will behave himself in prison and get out in about a year so they have atleast a year of peace.
Junior aka Clarence Jackson I'm assuming is who you are talking about 8:10... What a black mark on the State Attorney's Office that one is!
Mr. Todd held a Meet and Greet at Don's Seafood last night and his dog and pony show was rolled out. Ms. Dodenhoff, mother of Christine Sheddy (ah hmmm relavant to the escapdes of Clarence Jackson) was onhand to tell her story.
It appears as if Mr. Todd has hung his hat on the Sheddy case as Ms. Dodenhoff is presented at most of his Meet and Greets and is the controller of the Face Book page which is alleged to be victims and supporters for Todd's re-election. Where are the good citizens of Worcester County who are victims of crime and who have been represented by Mr. Todd over the past 25 years? Why aren't they part of the dog and pony show and presented as "supporter's". Their absense speaks volumes!
Other supporters are the Burke's (that is the famous Burke's of Pocomoke City)!
Not too long ago Ms. Dodenhoff and the Burkes were cursing the day that Joel Todd was born. Now he's their hero? Just wait Joel - you will be kicked to the curb when you do something that they don't like and they will be back at cursing the day you were born! When that happens your "supporter,s" will be down to zero.
Yes it is Clarence (butch). They said that they heard the mother say that junior would get 30 years in jail so that's why they decided they would go through with being witness or in some case not being a witness for Junior because his lawyer wanted them as witnesses for him.
This is an email I got back in April from someone. They forwarded this from another site.
christines mom says on April 22, 2010 10:38am
"From my understanding he (meaning junior) is looking at 30 yrs for these charges (robbing someone's house) I am so happy with MSP. What a dedicated group. Scott Collier and Jhon Brahm (super troopers) have been the driving force in this investigation. I still can't stop smiling. I feel confident that ALL involved in Christine's murder will be brought to justice. These 2 officers will make it happen. We have the best of the best. We can't lose"
This is why everyone involved thought it best to go against junior. Also it was someone from the county sheriff's that was questioning and not someone named Scott or John. And that's the truth becuase I know who he talked to.
and I know some people would have wanted to tell the judge, if they were allowed to, about juniors bad character but didn't get a chance to even ask anyone because the whole thing was a big fiasco and they ended up leaving not even knowing much of what was going on. Not even who the lady was that was in charge that day.
11:02 - Are you saying that the victims and witnesses showed up to testify and they left without knowing what happened in the trial they were there for?
I had heard the arresting Deputy was told he could leave by the defense attorney (juniors attorney). Hadn't heard the rest of the story.
Since when does the defense attorney excuse a witness when that witness was there to testify for the State?
People take time out of their day, time off from work (unpaid I might add), drive to the court on their own dime, show up for a trial and the criminal (junior) gets to see who they are, and then no one tells them what is going on! To top it off they don't even know who the person is representing them and the State. This is too much!
10:48 - The comment from christines mom says that the MSP are the driving force in the investigation and junior was looking at 30 years.
There weren't any MSP at the trial to testify. The only law enforcement that showed up to testify was Worcester County Sheriff. Why didn't the MSP show up?
The FOP in Berlin never had a meeting on the endorsements, so who could attend? The county FOP told members the vote would be at the October meeting and then slipped it in the September meeting. A deliberate trick.
Attacking victims now? That's real classy of you Oglesby supporters.
yes so I think thats why sometimes people don't want to get involved and be a witness because people like junior don't forget and if they are only in jail for a little while it can be a terror for some witnesses.
1:27, yes everyone took off work and was unpaid except I imagine the deputy was being paid.
2:24 - what nonsense are you trying to throw into the discussion? What does "attacking victims now" mean?
I really don't think that anyone was attacking victims I think the conversation was about being confused over the Clarence Jackson case. If victims involved in the case feel that they've been attacked please say so.
Many eyes were on this particular case and the the way it was handled and the outcome of it is confusing to many people. Clarence Jackson has been victimizing Worcester County for a very long time and citizens want to see an end to it.
9:23 asked Mr. Todd many postings ago about the case and he has chosen not to answer them. Please don't try to confuse the issue any further and use the victims as an excuse for him not answering.
It is still an open investigation and for Mr. Todd to comment on would be the worst possible thing that he could do. Mr. Todd owes non explanation on the Sheddy case and shouldn't even be asked until the case is closed.
Don't you think you are being a little touchy on the subject? I'm sure most local people know that case cannot be discussed. However, there are those further north that I am sure do not kow much about it.
In no stretch of anyone's imagination except for yours Wymzie, does Jackson's recent arrest and plea to the burglary have anything to do with the Sheddy case! Get real-for once!
funny, are the Burkes still supporting Lee? Cause they are supporting his friend Todd.
Here is a person who holds 'Grand Jury investigations' and then asks a local Pocomoke church to transport in their van to the primaries. Jimmy Schoolfield (another democrat like Lee and Todd) was watching his watch expecting certain 'arrivals' to the primaries. Guess who he asked to drive the van to 'early voting'? More important, guess who asked the church? Yep. Mr. Grand Jury Hearing 'holder' himself.
Burkes watch out. If you think Todd is clear of them and if you think you're not still helping Lee, guess again.
Weren't the questions to Mr. Todd about the State of MD vs. Clarence Butch Jackson related to a Grand Jury indictment of this man on several charges of burglary and theft?
Nowhere in the charging documents does it say anything about Christine Sheddy or that case. Why even talk about it except for the reason of trying to change the subject. Sorry, this isn't about Christine!
Again Mr. Todd, 9:23 asked you several questions about the Clarence Jackson case (which by the way has been heard and sentencing has occured in case you didn't know). There is no ongoing investigation into this case becuase the kangaroo court fiasco has already taken place, September 14, 2010.
Wymzie is trying to drag a completely different case into the mix in an attempt to cover for Mr. Todd.
As a registered Democrat it pains me to even think about voting for the "other" candidate. In 30 years I've only done this once.
After searching and reading about the Candidates in the State's Attorney race this is bothering me the most. I"ve talked with many fellow Democrats and I find that I'm not alone in my concerns.
Mr. Todd you've eloquently answered citizens concerns over the cases mentioned in the original post. Why are you not answering other questions especially about this Clarence Jackson case? Why are you letting other's speak for you?
It's no big secret about the crimes that this criminal has comitted and I'm sure that there are more crimes that he has done that we all don't know about because he didn't get caught.
I just don't understand why Mr. Todd didn't put him away for a very long time in September (someone mentioned 30 yrs.) when he had the opportunity to do so.
As a resident of Worcester County it concerns me that this person will be back on our streets and in our community more than likely in about 1 year.
This person is a repeat offender as is evidenced by his criminal record. Whose home will he invade and steal from next? Where will his next fire be set? Who will be his next vitim of his terror?
The disturbing part of all of this is that my candidate let this happen and then refuses to answer legitimate questions about it. The people he has chosen to speak for him have no credibility and this is even more disturbing.
Who should I vote for as State's Attorney for Worcester County come November?
8:03, Maybe Wymzie's become the official spokesperson for the Office of the State's Attorney-LOL
Clarence Jackson case is related to the Sheddy case so there is no way you're going to get Todd to comment, and the people trying to get him to comment know perfectly well that he can't.
You Oglesby supporters are trying to throw up a smoke screen. Your man has little experience, never prosecuted a murder, rape, or child abuse case, and has the same percentage of nol. pros and plea bargains, AND he also defended violent criminals for two years. Let's not forget his personal problems - trying to stiff a business owner among other things.
You all must be getting desperate... Go steal some more signs, maybe that will make you feel better.
How is the State of Maryland vs Clarence Jackson case related to the Christine Sheddy investigation?
The Jackson case was for crimes comitted in September of 2007 against victims not related to Sheddy in any way. A Grand Jury indicted Jackson for these crimes. If this was related to an ongoing investigation it would have been halted at the Grand Jury hearing and never seen the light of day.
Todd had all of the evidence he needed for Jackson to be found guilty of all charges, all witnesses were present to testify, police related to the crimes on county time, yet he let him plead on one charge which was the lesser of all the charges. Todd was weak!
Throwing up a cover about Sheddy is disrespectful to the victims of the crimes Jackson was charged for and not prosecuted for.
While Jackson might have given investigators info his own family says that he failed a polograph related to the info given.
Todd has nothing to do with police investigations. He only takes evidence gathered by police and makes a decision whether to prosecute based on police evidence.
To say otherwise is an insult to all police agencies who work hard to gather evidence on crimes comitted and put criminals behind bars.
The issue being questioned here is why didn't Todd do his job when police gathered enough evidence to put Jackson where he belongs for a very long time? Period!
In addition to the original questions asked about the State of Maryland vs Clarence Jackson please explain why people unrelated to the case in any way were informed about what the outcome of this case was going to be before the case was even heard? You Mr. Todd didn't even have the common decency to inform witnesses, police, or the victims, yet you informed others. Un-f-ing believable!
Stop trying to diviate Mr. Todd and answer the questions.
Mr. Todd and his attorneys have absolutely no reason to throw a case. If something doesn't go as planned there are reasons that often can't be explained publicly. The state is not done with Mr. Jackson.
Mr. Oglesby, stop trying to put up a smokescreen and fool voters into thinking you are something you're not.
You are not a career prosecutor, you are not an experienced prosecutor, you are not an honest person, you do not have unanimous police support and this is not your hometown.
Oglesby, what is your explanation for putting an attempted murder charge on the stet docket? What is your explanation for defending an attempted murderer? What is your explanation for moving away and then only moving back after your house didn't sell? What is your explanation for not paying your bills? How do you explain that you can't even manage a campaign account yet you want to be responsible for a million dollar budget?
Get real. You are not even close to being ready for this job and your incredible lack of integrity is showing by the lackluster support you have gotten from your own party.
How would anyone know if Mr. Todd was done with Mr. Jackson unless of course it were Mr. Todd his
self?
Or could it be that this is someone - 1:56 - who is pretending to know what the State has in store for Jackson?
What a tangled web we weave when first we practice to deceive!
Quit diviating from the subject and answer the questions that the residents of Worcester County have asked Mr. Todd.
I think some are trying to insinuate that Jackon is going to be some big star witness in their other cases. The same Jackson who couldn't tell the truth if he had to. Yeah----he'll just make a great witness to a jury! He should have been put away for years when they had the chance.
'the state isn't done with Mr Jackson" I guess everyone will believe it when they see it. Just like he was going to get 30 years for burglary. Talk about a "smokescreen."
Ah hello, you hoo, Mr. Todd. Weren't you asked to answer some questions asked of you by the good citizens of Worcester County?
Looks like the residents of the County are unworthy of any answers from their esteemed State's Attorney!
That's what happens when someone has enthroned their self in a public office. Career Politician ring a bell?
Hmmm Oglesby supporters. Tell us about Stephen Russell from Riverdale, or Jerrell Devon Lee from Fort Washington. Or tell us about Patrick Leon Dixon. Better yet, tell us about Jamie Hackett.
Beau Oglesby isn't in charge of what goes on in the Caroline County office. Focus on what he WANTS to do when he gets in charge.
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