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Sunday, October 3, 2010
Our Judicial System and Nolle prosequi, How Easy is to Easy?
Seriously, Is Judge Purnell and/or the office of the SA just extremely to liberal? I'd go as far as to say they have become extremest in such a way that it has become so obvious to most of the criminals we have out and about on our streets that they are selling dope, robbing stores, burglarizing homes and they will literally take a life in broad daylight on a busy street and it's not getting better.
Now I completely understand that in some cases a PBJ or Probation with/without a fine is harsh enough for some lesser petty offense but all these aforementioned plus even more a coupled with the ever so popular nolle prosequi by the Judges and SA's office is just way to lenient and I feel that if the SA's office and Purnell has the sitting power to make these repetitive decisions for some if not most of the crimes committed in Worcester County they should do so with judgment and for the best interest of the public not the criminal.
This just goes to show that ours and other law enforcement agencies within the City, County, and State that receive such negativity in most cases do not deserve the slander that they must endure from other people, forums, blogs etc. time and time over again. Now I'm not saying any LEO should not do their job, in fact the good cops will need to do their job better to make sure their evidence is overwhelming, complete and precise. The bad cops? Well they're and always will be just that "bad cops" (you know who you are), we can put them in the same "Pen" with criminals until the good cops (you know who you are) can put them away too. Yeah that sounds harsh I know but until we can force those that apply punishment and demand that the criminals be held accountable for their actions it will never get better.
I'm not familiar with other cities criminals other than what I read about in the local news and of course, our local criminals just seam to stick out more like Capone does to Chicago or Jesse James does to Bank Robberies, it's the locals names that I/we just keep hearing over and over so in that way we become more familiar and see the repetitious names associated with the same crimes over and over and over and we also become aware that the same names become connected over and over and over. What names might you ask? The local criminal(s) and nolle prosequi.
Most of the following cases were heard in Worcester County District Court in Snow Hill by Judge Gerald V. Purnell on Sept. 3 and Sept. 7, 2010. All can be seen here on Delmarvanow
[Well, well, well here's a familiar name you might want to check the Maryland Case search on this one for priors] Honiss Webster Cane III, 39, of the 100 block of Fourth Street, Pocomoke City, was charged with possession of marijuana and possession of controlled dangerous substance paraphernalia. Nol pros was entered for both charges.
David Glenn Gambrell, 21, of the 500 block of 37th Street, Philadelphia, Pa., was charged with possession of marijuana. The verdict was probation before judgment.
John Adam Conn, 18, of the 5000 block of Cedar Grove Road, East New Market, Md., was charged with possession of marijuana and possession of controlled dangerous substance paraphernalia. The verdict was probation before judgment for both charges.
Daniel Lee Ng, 19, of the 700 block of Generals Highway, Millersville, Md., was charged with possession of marijuana and possession of controlled dangerous substance paraphernalia. Nol pros was entered for both charges.
[WHAT??!! REALLY??] Timothy McCoy Wilson, 42, of the 300 block of River Terrace, Toms River, N.J., was charged with controlled dangerous substance: possession with intent to distribute: narcotics , controlled dangerous substance possession - not marijuana and controlled dangerous substance possession with intent - large amount. Nol pros was entered for all charges.
Luis Rafel Ahorrio, 35, of the 100 block of South Conduit Avenue, Jamaica, N.Y., was charged with controlled dangerous substance: possession with intent to distribute: narcotics , controlled dangerous substance possession - not marijuana and controlled dangerous substance possession with intent - large amount. Nol pros was entered for all charges.
Getting ridiculous? Sorry not yet
[Wait! don't we know this name? Why I do believe we do]
Juergen D. Ervin Jr., no date of birth listed, of the 100 block of Fourth Street, Pocomoke City, was charged with assault second degree and malicious destruction of property valued at less than $500. Nol pros was entered for both charges.
Lisa Bergling Kerstetter, 49, of the 9000 block of Pitts Road, Showell, Md., was charged with assault second degree, malicious destruction of property valued at less than $500, resist/interfere with arrest and failure to obey. The verdict was guilty for the third charge. Nol pros was entered for the other charges.
Gregory D. Secon, 48, of the 7000 block of Old Ocean City Road, Whaleyville, was charged with two counts of assault second degree. The verdict was guilty for the first charge. Nol pros was entered for the second charge.
John Spencer Tillman, 22, of the 10 block of Breezeway Lane, Berlin, was charged with assault second degree. Nol pros was entered.
Jarrett Ryan Tillman, 24, of the 10 block of Breezeway Lane, Berlin, was charged with two counts of assault second degree. Nol pros was entered for both charges.
Now keep in mind that the above listing are just a drop in the bucket of the slap on the wrist justice system that we have let our legal system become, and for 2 DAYS ONLY. Sept. 3 and Sept. 7, 2010
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9 comments:
I don't know so much if you can blame the judges. The "deals" are hammered out by the state and the defense attorney.
Now while I do understand why all the Nol Pros and why they do occur I wish the state would be more strict and not allow the defendant to plead to the least serious of the crimes committed which usually appears to be the case. Another thing that bugs me is when the state as part of the plea agreement holds back making a recommendation to the judge in regards to sentencing. Part of the state's job is to seek justice. Justice would mean arguing for the strictest sentence possible for the good of society.
In District Court cases are sometimes Nol Prossed so the case can be moved up to Circuit Court where the penalties are much harsher. Honiss, Jr. AGAIN???? Will he ever learn? Probably not.
Things aren't much better in Circuit Court either, 7:58.
6:55 ... of course I'm not even close to being an attorney so correct me if I'm wrong ... I know that the "deals" are bartered between the DA and SA but I would strongly think that any deal would have to be approved by the sitting robe? It is also the judge that passes the sentence and and the duration of that sentence.
7:58... I would think that a trial being Nolle Pro'ed to be tried in a higher court would fall under the double jeopardy laws
The judge is usually unaware of the evidence the state has against the defendant. Judges only know that for what ever reason the states attorney wants the Nol pros so they can't sit there and argue against the deal. The judge is there to make sure no ones rights are violated and the trial is fair.
Cases that are jury eligible are the ones that are bumped to Circuit Court. No double jeopardy because Nol Pros cases can be filed again.
You can Nol Pros and recharge. You have not been tried yet. Therfore double jep does not apply. A Nol Pros can be entered and then have the subject go before a grand jury. There is a lot of cases before dist ct. If you tried everyone you would never leave.
Maybe I'm off base but this has been bugging me. Did Worcester County drop the ball with Thomas Leggs? I hear all the time where prosecutors are in court arguing for a higher bail or for someone to be held without bail. To me it would seem that someone who was already on the sex offenders list and was caught taking off his clothes after breaking into the home of someone would have been a clue that he was a walking time bomb.
It's very easy to bring up the hindsight arguement but what good is this list if those who have the power to protect us fail to recognize it's value?
Leggs while out on bail awaiting trial in this county choose his next victim carefully. A helpless trusting child without the ability to fight back.
Too bad you did not bother to cast the Pocomoke Eye towards the actual court files.
I know firsthand that in one of those cases, Todd turned over the cases to the Feds, because the Federal Judges give out longer sentences! So he HAD to Nolle Pross those state charges.
I have secondhand knowledge about the Secon case. The “victim” and the Defendant Secon had kissed and made up and she did not want to cooperate and testify. That happens all the time. The prosecution was LUCKY to get the plea deal they did, considering that the victim refused to testify.
Thank you UCNarc. These are the questions the voters want answered. It's come to the point where we don't care so much about what you are going to do, but what have you done to better our community.
Most of us fully understand the so called "victim" who refuses to testify story and can dismiss those plea deals and Noll Pross cases as long as we have the explanation.
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