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Observations and Reflections on Legislative Activities
By Delegate Mike McDermott
Feb. 7th-11th, 2011
• Monday evening just prior to the session was a meeting of the Tea Party Caucus. At that meeting, Del. Mike Smegiel (R-Cecil Co.) was voted Chairman and Del. Curt Anderson (D-Baltimore City) was voted Vice Chairman. It was agreed that the caucus would have the singular focus of fiscal restraint and holding the line on taxes.
• Following the quorum call, I faced off with another chess opponent in the Senate lounge. I continue to advance in the Chess Challenge with two rounds to go.
• Tuesday morning I dropped my first bill in the “hopper”. It is HB-594 and it calls for the top tier Child Sex Offenders to be monitored by GPS tracking technology. This bill is a true game changer on how we monitor the worst of the worst.
• A couple of bills I sponsored had hearings on Tuesday: HB-103 on Farm Vehicle Weight (Environmental Matters); HB-288 Voter Proof of Identity (Ways and Means). The hearings went well, and now they will wait and see if they get a scheduled vote in the committees.
• Tuesday the Judiciary Committee held 7 bill hearings:
1. HB-132: Would allow the Secretary of Public Safety and Correctional Services to appoint someone as “acting” Secretary in the event the Secretary was somehow not available.
2. HB-138: Would increase the penalty for the use of a cell phone by inmates in correctional facilities from a misdemeanor to a felony. It was a hard sell to the committee. Many asked about the cell phone jamming technology being made available.
3. HB-140: Would classify a particular compound as a “high explosive” and subject to permitting for sale and possession. This is the compound used by many for reactive practice targets on firing ranges. Several Fire Chiefs and State Fire Marshal’s spoke in support of the legislation as a potential homeland security threat. The compound is not linked to any nefarious issues or actions, this is seen by them as preemptive.
4. HB-149: Would require inmates at the Frederick County Adult Detention Center to pay certain fees to the county as a means of covering some of the cost of their incarceration. This included things such as medical/dental care. While some concern was raised about indigent inmates, the Warden indicated that many of these fees would be considered uncollectable and written off by the county.
5. HB-178: Would allow defendants in certain court cases to offer a “Conditional Guilty” plea preserving a right of appeal from Final Judgments. This involved several technical issues of the law and was batted around by the defense attorneys and a prosecutor who offered testimony against the need for the bill.
6. HB-189: Would place 10 synthetic cannabinoids (drugs which mimic the effects of marijuana) on the Maryland list of Controlled Dangerous Substances. There was some anecdotal evidence offered about instances where there has been abuse, but there were no documented cases offered. It was also pointed out that the DEA is preparing to place 5 of the 10 synthetics on a temporary list of controlled substances which would ban them in Maryland so long as they are banned federally. The committee members seem disposed to allow the federal government to perform due diligence in this arena and wait on their procedures.
7. HB-192: Would ban the sale of “novelty lighters” in the state. These are lighters which are packaged to resemble a caricature or appear like a child’s toy. The State Fire Marshal has expressed concern that these lighters are too attractive to children and could lead to serious situations. While no instances were offered regarding previous harm, this is seen as preemptive. This may be getting into a “nanny state” issue and it has not passed after previous attempts.
• Today there was a real stir among the Baltimore City Delegation as a couple of their members severely rebuked their Chairman, Del. Curt Anderson, for being a member of the Tea Party Caucus. They clearly told Anderson that he could not be a part of the caucus and be a leader in the Democrat Party. I suppose that holding the line on spending is simply not a value the Baltimore City Delegation shares. Del. Anderson reluctantly resigned from the Tea Party Caucus saying it was the only way he could retain his Chairmanship. This has created quite a stir in the House and caused rifts within the Democratic Caucus. From the looks of it, Del. Anderson quit the wrong Caucus.
• On Thursday, the Judiciary Committee conducted hearings of the following bills:
1. HB-134: Would allow the Department of Social Services to retain records of investigative action for a five year period even if the complaint is not sustained. Currently, the department expunges records at 120-days. There was a lot of concern raised on this bill. While testimony was offered by the agency that retaining records could serve to help folks wrongfully accused in future court actions, it was generally thought that the retention of these types of records could serve to prejudice a case worker in future cases even though the record was false or not sustained. I do not think this one is going anywhere.
2. HB-136: Would allow Temporary Protective Orders to be entered electronically by the courts. While this is a no brainer, these types of changes often require legislative change.
3. HB-169: Would create a “dangerous dog” definition statewide and provide for penalties if such a dog was involved in an incident or other attack. The committee quickly identified this as primarily a local issue where each county or municipal government already has laws in place to address these types of issues and events. It was suggested that these concerns would be better addressed at the local level and not through a statewide mandate.
4. HB-227: Would allow judges, as part of a sentence for Animal Cruelty, to prevent a convicted person from owning or otherwise possessing an animal (pet). There was concern expressed about the ability of the court to place a condition like this after any probation period expired (which is up to 5-years). It was suggested that this could be a proper sentence, but it would need to be a stand-alone law and not administered as a condition of one’s sentence.
• I attended my first hearing for HB-39 in the Ways and Means Committee. This bill will provide for Non-Profit Slots in Worcester County (they are allowed in all other counties on the shore). Del. Conway and I introduced the legislation and the committee also heard testimony from Jim Flag with the Ocean City Elks Lodge along with Sarge Garlitz with the American Legion. The committee asked a few questions and my discussions with some of the senior members indicated smooth sailing for this bill. From there, it will be up to the Senate and their first hearing on it is slated for next week.
• On Thursday afternoon, the entire Eastern Shore Delegation had the opportunity to meet with Governor O’Malley in the State House in the Governor’s Conference Room. It is a great historic room in which to meet. On one wall is a full portrait of Governor Tawes sitting in a chair. It was nice to think that a governor could come from the Eastern Shore, or at least did at one time.
The meeting was very cordial, and the governor was candid in response to the questions posed. He had a couple of staffers present to assist with any technical answers and to insure follow up was achieved. The primary focus was on the economy and quickly moved to the poultry industry. It seems that Acting Secretary Sommers with the Dept. of the Environment, and Secretary Hatch with Agriculture, have made many significant changes to get the ball rolling so chicken house construction will not be hindered as it has been in the past few years. Senator Colburn, and many of the delegates indicated how pleased they were with the new secretary and how responsive he has been to problem solving for agricultural concerns and development. This is good news for our farmers and it shows how often a change of leadership can make a difference.
The governor was excited to talk about all of the progress that has been made on the shore for Broadband technology, for which we are all very pleased; but there was a lot of discussion on his declared war on septic systems on the shore. The delegation believed his statements in his State of the State Address were very problematic for the shore. Sen. Pipkin told him plainly that he was putting billions of dollars in property value at risk by creating a moratorium on new septic systems for development. We believe that the current upgrades and new technology for septic systems will eliminate the issues of nitrogen leakage that the governor wants to address without eliminating growth potential and eroding property rights on the shore. Whether or not we made any inroads with the governor on this issue remains to be seen, but he knows we will be vigilant in protecting the rights of folks on the shore.
We discussed road funding for the shore specifically Rt. 404 and Rt. 113. We realize there is no money for these roadways to be completed in a timely manner. I have been floating the idea of creating a one way toll at the Delaware line for Rt. 404 and Rt. 113 as a means of allowing these projects to move forward immediately. The dedicated toll funding would insure the projects continued until completion and not be delayed. Minus this type of funding, these roads will remain congested and unsafe for our citizens. The governor seemed agreeable and we will be having this discussion over the coming months to determine if it is feasible.
• There was concern over the recent GPS tracking of some commercial fishing vessels on the Bay by Natural Resource Police. This has been a contentious issue during the past two weeks. While protecting the fisheries is important, the idea that “big brother” is watching everything was disconcerting to some at the table. The governor explained that radar would soon be up monitoring the Bay for surface vessels which would provide all the detection necessary to monitor the fisheries, namely the oyster beds. He agreed to review the actions taken by law enforcement with Secretary Griffin.
The governor seems willing to strike a balance when it comes to applying his environmental agenda to the Eastern Shore, but we have some philosophical differences on what government should be doing verses the private sector. I could see that he is perplexed by some of the resistance his policies have received. There may be some room to move forward in areas of conservation on which we could all agree. In particular is the area of wind turbines, and these discussions will continue.
• On Friday morning, hundreds of bills received their “First Reading” on the floor of the House. The deadline for introducing legislation without going through the Rules Committee was Thursday night. While there was quite a bit introduced, it does not appear to be the same volume in play last year.
Handy had been charged with first- and second-degree rape, first- and third-degree burglary, second-degree assault and false imprisonment in the alleged attack of his former fiancee during June of last year.
Testimony in the two-day trial concluded Wednesday, with closing statements being delivered to the jury Thursday morning.
Assistant State's Attorney Diane Cuilhe urged jurors to look at the consistency of the victim's statement and the fact the defendant denied he had been at her apartment at the time of the attack to police when first questioned. DNA evidence, she said, later forced him to admit his presence.
Cuilhe also pointed to inaccuracies in Handy's testimony and reason for being at the victim's house at an odd hour.
"Why did he find it appropriate to call her up and have a chat at 4 in the morning?" Cuilhe said. "The mere fact he was crouching next to the door and hiding shows he was there for nefarious purposes."
Handy's defense lawyer, David Resnick, picked apart the state's case during his closing statement to the jury of four women and eight men.
"I don't think in this case you saw the best of the criminal justice system," Resnick said.
He then began to question why police had not fingerprinted the victim's door, the pepper spray she tried to use on Handy or the kitchen knife she says she used to try to get Handy to leave her alone.
Resnick said he didn't believe the photographs of the victim's apartment showed enough of a struggle took place.
"We are claiming she staged the scene," he said.
Resnick also cast doubt on the testimony of police officers and a sexual assault forensic examination nurse. He claimed there were "glaring inaccuracies" in the timeline of when police officers were called and arrived, and when the victim was examined at the hospital.
Gabriella Marie Blades, a Parkside High School 10th-grade student, was last seen Monday at the school. She left Parkside before the close of school, although authorities do not suspect her departure was by force.
Blades, a white female who lives in Fruitland, reportedly was spotted in the West Salisbury area, said 1st Sgt. Tim Robinson.
Blades is described as 5-foot-9 with red hair, green eyes and weighing 220 pounds.
When last seen, she wore a red hoodie with a front zipper, a white T-shirt and blue sweat pants.
The 36-year-old Crippen was found guilty in Worcester County Circuit Court in December of first-degree attempted murder. He is biding time until a Feb. 28 court hearing, hoping Judge Richard R. Bloxom will grant his request for a new trial instead of imposing a sentence.
If he is not granted the new trial -- a life sentence is a possibility instead -- he has already begun to plan his next move, Crippen said in an interview at the Worcester County Jail, where he is being held.
He has looked into hiring a lawyer who specializes in criminal appeals, declining to comment on what specific parts of the trial he plans to contest, saying he will leave that decision to his lawyer.
"The whole investigation was about homicide... every paper states homicide. Every witness says they saw me shoot Reginald Handy," said Crippen, who maintained his innocence during the interview. "At the beginning, no one said anything about attempted murder."
Crippen was first charged in the death of Reginald Handy Jr. in June, after witnesses swore they saw him shoot and kill Handy. Those charges were vacated just before trial began, and replaced with attempted murder charges. Prosecutors said forensic evidence would have made it impossible to prove Crippen was the murderer.
The attempted murder case against Crippen relied in part on testimony from Torrance Davis, a cousin of Handy's. Davis stated he saw Crippen shoot Handy, and then try to shoot him.
Crippen recalled that during the trial, Davis invoked his constitutional right against self-incrimination when asked about a prior shooting in Virginia, referred to as a "ranch party" in court questioning by Crippen's attorney, Arthur McGreevy.
During the two-day trial, numerous police officers and community members took the stand to testify against Crippen. But a handgun Crippen was supposed to have fired, nor the one reportedly on Handy at the time he was killed, were never recovered, Crippen said.
Police searched the Pocomoke River but were unable to locate the two handguns. Police did recover an assault rifle yards away from where Handy was shot and determined it was the murder weapon.
At the time of Crippen's arrest, Pocomoke police chief J.D. Ervin said Crippen and Handy "had a history with each other; they didn't get along." Crippen disputed that, saying he knew Handy by name but wasn't feuding with him.
Murder charges were later filed against Skylor Harmon, 18, of Cedar Street in Pocomoke, accusing him of being Handy's killer. Harmon is Crippen's nephew, Crippen said and Harmon's trial is scheduled to begin March 14.
John Smith, committee president, told the council that the sale would be controlled within the city tent with a double fence around the tent. He added the event was primarily for adults, not children.
Gloria Smith added the fairgrounds were not in close proximity to any church and the schools would be closed. She said other events in Worcester and Wicomico counties did allow beer to be sold.
Police Chief J.D. Ervin checked with other towns and found no major problems.
Dave Barnes, a committee member, said if the town did not allow beer sales, "there would be no more Pocomoke Fair."
No council member stepped up to move for passage of the request after Hawkins asked for a motion, but it was decided the matter would be taken up at the next meeting when a full council was present.
Members of the council did vote to accept revised bids for the construction of an ambulance garage building and a concession building for Cypress Park.
Both measures were brought up at the previous meeting, but the bids were not within budgeted figures for the construction. After items were deleted for both projects, Beauchamp Construction was awarded both contracts, at a cost of $99,454 for the ambulance building and a cost of $83,420 for the concession building.
Under other business, the council heard the first reading of an ordinance to give homeowners a tax rebate of $2,000 or half of their taxes, whichever is less, if they install a sprinkler system; voted to give the Pocomoke Elementary School PTA four rounds of golf for its upcoming fundraiser; and voted to pay $625 for a photo display at the Route 13 Welcome Center.
Tom Grigsby was presented with a certificate of appreciation for his service as chairman of the Planning and Zoning Commission and Chief J.D. Ervin introduced a new police officer, Vincent Page.
written by: Bill Kerbin
Fifteen-year-old Gabriella Marie Blades, in the 10th grade, left Parkside before the close of school, although authorities do not suspect her departure was by force.
Blades, a white female who lives in Fruitland, reportedly was spotted in the West Salisbury area, said 1st Sgt. Tim Robinson.
Blades is described as 5-foot-9 with red hair, green eyes and weighing 220 pounds.
When last seen, she wore a red hoodie with a front zipper, a white T-shirt and blue sweat pants.
Contact the Sheriff’s Office with information regarding Blades’s whereabouts at 410-548-4891.
Lynn Duffy, Bruce Morrison and Frank Ward will be running for mayor, while Bobby Brittingham and Donald Malloy have filed to run for the District 3council seat.
Morrison, who was elected to City Council for District 3 in 2005, says his years of experience in budget meetings and meeting with citizens uniquely qualifies him.
"I have been a councilman for six years and a resident all my life," says Morrison. "This is going to be a real tough budget year. State money is drying up, county money is drying up and assessments are down... but I don't want to see taxes raised."
If elected, Morrison said he would like to reduce crime through continued use and implementation of crime cameras, community meetings once a month and encouraging citizens to take pride in their community.
Duffy, another mayoral candidate, is a counselor with Lighthouse Counseling and Consulting Services in Pocomoke City. She is running for mayor to reduce crime, encourage public input in government and prevent overspending by City Hall, she said in a news release announcing her candidacy.
"The deaths last year of young people were needless," Duffy said in her statement, "and the town needs to not look away or hold meetings discussing events but deal directly with proactive steps developing a plan of action."
Duffy mounted an unsuccessful campaign to be Pocomoke's mayor in 2005, the year Mike McDermott first won office. She also ran to be a City Council representative in 2006, but came in second out of three candidates. She is a past president of the Pocomoke Chamber of Commerce.
Duffy has launched a campaign website, duffy4pocomoke.com, and named supporters to positions of campaign manager, treasurer, web manager and campaign chaplain in her statement.
Ward, who also filed to run for mayor, could not be reached for comment by press time.
The city council seat for District 3 is up for election this year, after being held by Morrison for several years.
Malloy, who was a Pocomoke councilman during the 1960s, says he originally filed after being asked to do so by friends because no one else had filed at the time.
"I'm running because the seat is open and I think I can be of some use to the city," says Malloy, who is a retired electrician. "I would like to keep Pocomoke going on the path it's on."
In an interview, recent mayor and current state Delegate Mike McDermott said he supports Morrison's and Malloy's bids for office.
The deadline for registering to vote in the April 5 election is March 4.
Jerry Spencer Tarr, 45, of Chincoteague, was arrested and released Monday after a State Police investigation.
He resigned from his position the same day, said Sheriff Larry Giddens.
“It’s one of those things that you can’t really figure out,” Giddens said.
State Police Sgt. Michelle Anaya said Tarr’s shoplifting charges stemmed from an investigation at the Corner Mart convenience store on Maddox Boulevard.
Store officials and employees identified Tarr on 10 occasions in video surveillance taking Five Hour Energy Drinks, she said. State Police Special Agent P.A. Compton investigated the case.
Court records show the incidents happened between Jan. 19 and Feb. 1.
Tarr will be arraigned at 1:30 p.m. March 9 in Accomack General District Court.
Tarr had been employed by the sheriff’s office for three months. He formerly worked for the Chincoteague Police Department.
Tarr formerly had served as the chief petty officer at Chincoteague's Coast Guard Station.
Tarr made headlines in 2006 after he was forced to retire from the Coast Guard after being charged with disobeying orders from a superior when he aided a boat towing an abandoned fishing vessel away from private property and into the Chincoteague Channel.
Witnesses said the vessel in tow had lost control and was in danger of damaging property.
Giddens said Tarr’s work with the sheriff’s office had been well-received.
“He’d done a great job for us,” he said. “He was a great investigator.”
Romeo and Juliet, Shakespeare's classic tragedy, is set to Prokofiev's stunning score and danced to choreography that captures the passion, color, and drama of Renaissance Italy. Original choreography by Dianna Cuatto.
The Ballet Theater of Maryland will return to Worcester County for another amazing performance on Saturday, February 12, 2011. The Ballet "Romeo and Juliet" will be presented at the Mar-Va Theater. Tickets go on sale January 17 at all Worcester County Library branches. Last year's performance sold out. Get your tickets early!
To see if tickets are still available .... Contact: Lisa Outten Stant at 410-632-3970
"The competition is an art-based educational program that allows students to participate in a nationwide waterfowl arts competition. The process also exposes students to the nation's wealth of migratory waterfowl and motivates students to take active roles in conserving these species," said Virginia Junior Duck Stamp Program coordinator, Aubrey Hall.
Hall also emphasized that "the program is meant to be a fun journey into the world of waterfowl. The artistic skill level of the students is not the focus of the contest. Not only do we want artwork from all children, we enjoy seeing the variety of pictures that the students produce."
All students entering the state contest will receive a certificate of participation. Entries may also receive prizes or honorable mention ribbons. The State Best of Show will represent Virginia in the national competition. National awards include a complimentary trip to the First Day of Duck Stamp Sales Ceremony in Washing-ton, D.C. and a monetary award.
Participants select a bird from a list of native North American waterfowl. Other design guidelines include, but are not limited to: a size of 9"x12"; horizontal orientation; and the absence of lettering, words, or signatures on the front of the design. For more information, contact refuge staff or explore the Federal Duck Stamp website www.fws.gov/juniorduck.
Entries must be mailed to Chincoteague National Wildlife Refuge, P.O. Box 62, Chincoteague, Va. 23336 and postmarked by midnight, March 15. Judging will occur Friday, March 19.
The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect, and enhance fish, wildlife, plants and their habitats for the continuing benefit of the American people. It is both a leader and trusted partner in fish and wildlife conservation, known for scientific excellence, stewardship of lands and natural resources, dedicated professionals commitment to public service. For more information on its work and the people who make it happen, visit www.fws.gov.