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