Legislative Updates By Delegate Mike McDermott

Field Notes
March 21 - 26, 2011
Observations and Reflections on Legislative Activities

By Delegate Mike McDermott

• On Monday evening, the House heard Second Reader bills and received a copy of HB-70 and HB-72, the House Budget Bill and the Budget Reconciliation Bill which will be heard on Wednesday afternoon. These documents consist of hundreds of pages and will be difficult to review in such a short amount of time.
• On Tuesday morning, the House voted on the following bills on Third Reader:

NOTE: (For quick review, check out the bills which have significant vote counts in opposition.)

    Third Reading Calendar (House Bills) #27

HB 31
Third Reading Passed (96-44)
HB 130
Motion Special Order until 3/23 (Delegate Cluster) Adopted
HB 164
Third Reading Passed (126-12)
HB 179
Third Reading Passed (105-33)
HB 197
Third Reading Passed (138-0)
HB 326
Third Reading Passed (139-0)
HB 356
Third Reading Passed (130-9)
HB 404
Third Reading Passed (139-0)
HB 442
Third Reading Passed (98-41)
HB 602
Third Reading Passed (134-5)

Third Reading Calendar (House Bills) #28

HB 647
Third Reading Passed (139-0)
HB 703
Third Reading Passed (136-1)
HB 728
Third Reading Passed (139-0)
HB 748
Third Reading Passed (102-38)
HB 789
Third Reading Passed (139-0)
HB 826
Third Reading Passed (139-0)
HB 830
Third Reading Passed (140-0)
HB 838
Third Reading Passed (140-0)
HB 842
Third Reading Passed (138-1)
HB 848
Third Reading Passed (139-0)

Third Reading Calendar (House Bills) #29

HB 863
Third Reading Passed (139-1)
HB 887
Third Reading Passed (140-0)
HB 947
Third Reading Passed (139-0)
HB 966
Third Reading Passed (140-0)
HB 982
Third Reading Passed (139-0)
HB 1030
Third Reading Passed (139-0)
HB 1047
Third Reading Passed (140-0)
HB 1109
Third Reading Passed (140-0)
HB 1137
Third Reading Passed (133-5)

• On Tuesday, the following bills were heard in the Judiciary Committee:

1.  
   1. HB-1327: Increases the penalty for the distribution of Salvia to persons under 21 years of age. The increases have been sought by Ocean City Police as they attempt to battle the use of Salvia by juveniles.
   2. HB-1327: Seeks to change forfeiture laws in Maryland to address certain financial crimes. Currently the law does not allow a prosecutor to attempt seizure of assets from a criminal involved in fraudulent financial dealings. This makes sense in that it gives the prosecutor to do more than simply request restitution for a victim.
   3. HB-1248: Seeks to establish “Earned Compliance Credits” for inmates on Parole and Probation as a means of encouraging parolees to remain out of prison and cut down on recidivism. The program has been utilized in other states, like Texas, with a great deal of success. It has led to a reduction in the prison population in those states and a tremendous cost savings.
   4. HB-1264: Seeks to the penalty of Elder Abuse from 10 to 20 years on a First Degree offense as well as doubling of the fines. It would also place further restrictions on the pretrial release of anyone charged under this statute.
   5. HB-1320: Would remove all credits for “Good Time” or Diminutive credits for a person convicted of a violent crime. It would require any time negotiated by any plea agreement be served in full prior to release from incarceration.
   6. HB-1332: Would create a “Drug Free” zone pilot program for the Anne Arundel County Parks and Recreation Department. It addresses possession of paraphernalia, etc. on park areas designated in the zoned pilot program. The program is similar to the Drug Free School Zones already utilized across the state.
   7. HB-896: Seeks to punish law enforcement officers if they violate the law concerning race based profiling. There was much discussion over this bill. It was clearly indicated that the 10-year study commissioned in Maryland since 2000 that Officers are not discriminating on traffic stop based simply on their race. This did not sway the ACLU from being a big supporter of this bill. This is bad legislation and many from the law enforcement community testified against it.
   8. HB-744: Seeks to introduce the “Arizona Law” into Maryland law which would  provide protection to officers who check the immigration status of a person stopped for another violation. There were differences of opinion, but the idea of securing our state is sound, and our immigration issues are growing exponentially.

• On Wednesday morning, the House voted on the following bills during Third Reader:

    Special Order Calendar

HB 632
Floor Amendment (Delegate O'Donnell) {263128/1 Rejected (50-78)
Floor Amendment (Delegate O'Donnell) {993129/1 Rejected (49-84)
Second Reading Passed with Amendments
HB 130
Third Reading Passed (101-37)

Third Reading Calendar (House Bills) #30

HB 402
Third Reading Passed (111-26)
HB 505
Third Reading Passed (137-0)
HB 510
Third Reading Passed (137-0)
HB 666
Third Reading Passed (137-0)
HB 751
Third Reading Passed (97-37)
HB 817
Third Reading Passed (134-2)
HB 879
Third Reading Passed (138-0)
HB 1041
Third Reading Passed (137-1)

Third Reading Calendar (House Bills) #31

HB 93
Third Reading Passed (97-41)
HB 104
Third Reading Passed (136-2)
HB 111
Third Reading Passed (137-0)
HB 162
Third Reading Passed (138-0)
HB 208
Third Reading Passed (135-3)
HB 320
Third Reading Passed (137-4)
HB 1049
Third Reading Passed (137-0)
HB 1050
Third Reading Passed (132-6)
HB 1072
Third Reading Passed (134-3)

Third Reading Calendar (House Bills) #32

HB 221
Third Reading Passed (122-13)
HB 362
Third Reading Passed (101-37)
HB 392
Third Reading Passed (136-0)
HB 653
Third Reading Passed (138-0)
HB 1116
Third Reading Passed (138-0)
HB 1118
Third Reading Passed (138-0)
HB 1134
Third Reading Passed (113-25)
HB 1223
Third Reading Passed (134-3)

Third Reading Calendar (House Bills) #33

HB 840
Third Reading Passed (138-0)
HB 852
Motion vote previous question (Delegate Minnick) Adopted
Third Reading Passed (98-40)
HB 897
Motion Special Order until 3/24 (Delegate Frush) Adopted
HB 1020
Third Reading Passed (136-0)
HB 1067
Third Reading Passed (136-0)
HB 1082
Third Reading Passed (124-14)
HB 1222
Third Reading Passed (136-2)

Third Reading Calendar (House Bills) #34

HB 163
Third Reading Passed (138-0)
HB 233
Third Reading Passed (137-0)
HB 244
Third Reading Passed (122-14)
HB 253
Third Reading Passed (137-0)
HB 255
Third Reading Passed (139-0)
HB 319
Third Reading Passed (137-1)
HB 499
Third Reading Passed (139-0)
HJ 7
Third Reading Passed (108-31)

Third Reading Calendar (House Bills) #35

HB 519
Third Reading Passed (108-31)
HB 558
Third Reading Passed (138-0)
HB 625
Third Reading Passed (123-10)
HB 671
Third Reading Passed (139-0)
HB 682
Third Reading Passed (135-1)
HB 724
Third Reading Passed (126-12)
HB 730
Third Reading Passed (95-42)
HB 812
Third Reading Passed (133-5)
HB 831
Third Reading Passed (139-0)

Third Reading Calendar (House Bills) #36

HB 241
Third Reading Passed (136-2)
HB 502
Third Reading Passed (139-0)
HB 573
Third Reading Passed (135-4)
HB 921
Third Reading Passed (100-38)
HB 959
Third Reading Passed (139-0)
HB 1174
Third Reading Passed (83-56)

• Following the morning session, I had a nice visit from the AFP (Americans for Prosperity) group from Worcester County. We gathered in the  Delegation Room for the Eastern Shore and I spent about an hour responding to questions and providing them an overview of our current state of affairs. It was great to see so many interested and concerned citizens including many young people on a Field Trip from an area private school.

• On Wednesday afternoon, the Judiciary Committee conducted a voting session with the following outcome:

Favorable: HB-135, HB-407, HB-794, HB-899, HB-1277

Unfavorable:HB-839, HB-896, HB-999

• On Wednesday afternoon, the House heard the Second Reading of the Budget Bill, HB-70 and the Budget Reconciliation Bill , HB-72. (I will cover the budget in a separate article). The following amendments were offered by the Republican Caucus: Among other things, these amendments would have eliminated millions in over spending, tax payer funded abortions, funds for illegal alien education, and, in short, it would have limited our spending to our projected revenue increase of 3% (not the 11% contained in this budget).

Floor Amendment (Delegate Krebs) {563526/3 Rejected (39-95)

Floor Amendment (Delegate Ready) {593628/1 Rejected (39-96)

Floor Amendment (Delegate McMillan) {353024/1 Rejected (42-94)

Floor Amendment (Delegate Vitale) {263626/1 Rejected (52-82)

Floor Amendment (Delegate George) {943020/1 Rejected (44-90)

Floor Amendment (Delegate Parrott) {753026/2

Floor Amendment (Delegate Parrott) Rejected (53-80)

Floor Amendment (Delegate McMillan) {6338241

Floor Amendment (Delegate McMillan) Rejected (11-121)

Floor Amendment (Delegate McDonough) {683129/1 Rejected (55-80)

Floor Amendment (Delegate McDonough) {683129/2 Rejected (49-81)

Floor Amendment (Delegate Simmons) Rejected (20-110)

Floor Amendment (Delegate O'Donnell) {513120/1 Withdrawn

Floor Amendment (Delegate Haddaway-Riccio) {583227/1 Rejected (44-93)

Floor Amendment (Delegate Jacobs) {883328/1 Rejected (41-88)

Floor Amendment (Delegate O'Donnell) {873128/1 Rejected (45-88)

• On Thursday’s first session, the House voted on the following bills during Third Reader:

    Third Reading Calendar (House Bills) #37

HB 145
Third Reading Passed (134-2)
HB 202
Third Reading Passed (125-10)
HB 211
Third Reading Passed (138-0)
HB 346
Third Reading Passed (138-0)
HB 632
Third Reading Passed (91-45)
HB 714
Third Reading Passed (139-0)
HB 784
Third Reading Passed (138-0)
HB 1085
Third Reading Passed (139-0)

Third Reading Calendar (House Bills) #38

HB 1004
Third Reading Passed (137-1)
HB 1105
Third Reading Passed (134-3)
HB 1237
Third Reading Passed (138-0)
HB 1253
Third Reading Passed (138-0)
HB 1274
Third Reading Passed (138-0)
HB 1276
Motion vote previous question (Delegate Minnick) Adopted
Third Reading Passed (118-17)
HB 1292
Third Reading Passed (123-12)
HB 1334
Third Reading Passed (137-0)

Third Reading Calendar (House Bills) #39

HB 4
Third Reading Passed (137-0)
HB 363
Third Reading Passed (137-0)
HB 405
Third Reading Passed (137-0)
HB 437
Third Reading Passed (101-37)
HB 444
Third Reading Passed (139-0)
HB 560
Third Reading Passed (138-0)
HB 736
Third Reading Passed (138-0)
HB 890
Third Reading Passed (137-0)
HB 917
Third Reading Passed (138-0)

• On Thursday the Judiciary Committee heard the following bills:

1.  
   1. HB-1255: Would create a mechanism for people with previous convictions for Felony Theft to file for an expungement of the charge after 10-years of not having any issues with the Criminal Justice System. This bill has a few issues that need to be worked out before it is ready for prime time.
   2. HB-1279: Similar to HB-1255 seeks to allow expungement of charges to which a person did not receive a conviction on their record. This had issues raised by several people and is technically very problematic.

• On Thursday, the Judiciary Committee voted on the following bills:

Favorable:HB-511, HB-801, HB-859, HB-919, HB-1315, HB-1320

Unfavorable: HB-744, HB-1264

• On Thursday evening, the House conducted the Third Reading of the Budget Bill and the Budget Reconciliation Bill (HB-70 and HB-72). There was a great and thorough debate and two clear world views emerged on the floor. The ruling party sees no problem with an 11% increase in spending (a billion more than last year) while we only project a 3% increase in revenues. The minority party believes in cutting the deficit and spending while still allowing for moderate growth. In the end, it broke down on party lines with Republicans voting “No” and Democrats voting “Yes” (42-97).
• On Friday, the House conducted Third Reading votes on the following bills:

    Third Reading Calendar (House Bills) #41

HB 40
Third Reading Passed (127-7)
HB 135
Third Reading Passed (117-17)
HB 391
Third Reading Passed (122-15)
HB 407
Third Reading Passed (127-10)
HB 608
Third Reading Passed (137-0)
HB 670
Third Reading Passed (96-41)
HB 675
Third Reading Passed (136-0)
HB 794
Third Reading Passed (137-0)
HB 1016
Third Reading Passed (136-1)
HB 1104
Third Reading Passed (135-0)

Third Reading Calendar (House Bills) #42

HB 1141
Third Reading Passed (138-0)
HB 1156
Third Reading Passed (137-1)
HB 1184
Third Reading Passed (138-0)
HB 1208
Third Reading Passed (137-0)
HB 1212
Third Reading Passed (137-0)
HB 1240
Third Reading Passed (138-0)
HB 1251
Third Reading Passed (137-0)
HB 1252
Motion Special Order until 3/28 (Delegate McIntosh) Adopted
HB 1277
Third Reading Passed (138-0)
HB 1310
Third Reading Passed (108-30)
HB 1347
Third Reading Passed (138-0)

Third Reading Calendar (House Bills) #43

HB 201
Third Reading Passed (137-0)
HB 406
Third Reading Passed (137-0)
HB 421
Third Reading Passed (138-0)
HB 607
Third Reading Passed (137-0)
HB 613
Third Reading Passed (138-0)
HB 660
Third Reading Passed (133-4)
HB 739
Third Reading Passed (137-0)
HB 998
Third Reading Passed (138-0)
HB 1154
Third Reading Passed (112-25)
HB 1168
Third Reading Passed (137-0)

Third Reading Calendar (House Bills) #44

HB 1193
Third Reading Passed (137-0)
HB 1311
Third Reading Passed (136-0)
HB 1315
Third Reading Passed (137-0)
HB 1327
Third Reading Passed (137-0)
HB 1329
Third Reading Passed (137-0)

Third Reading Calendar (House Bills) #45

HB 216
Third Reading Passed (107-30)
HB 823
Third Reading Passed (137-0)
HB 1128
Third Reading Passed (137-0)
HB 1147
Third Reading Passed (135-2)
HB 1218
Third Reading Passed (135-0)

Third Reading Calendar (House Bills) #46

HB 22
Third Reading Passed (137-0)
HB 665
Third Reading Passed (108-29)
HB 992
Third Reading Passed (136-0)
HB 1013
Third Reading Passed (137-0)
HB 1282
Third Reading Passed (136-0)
HB 1343
Third Reading Passed (137-0)

Third Reading Calendar (House Bills) #47

HB 598
Third Reading Passed (136-0)
HB 897
Third Reading Passed (135-0)
HB 919
Third Reading Passed (137-0)
HB 941
Third Reading Passed (124-8)

• On Saturday, the House had a Third Reader Voting Session with the following results:

    Third Reading Calendar (House Bills) #48

HB 511
Third Reading Passed (137-0)
HB 587
Third Reading Passed (137-0)
HB 756
Third Reading Passed (99-36)
HB 986
Third Reading Passed (129-8)
HB 1182
Third Reading Passed (137-0)

Third Reading Calendar (House Bills) #49

HB 899
Third Reading Passed (135-0)
HB 933
Third Reading Passed (132-5)
HB 1027
Third Reading Passed (137-0)
HB 1146
Third Reading Passed (136-0)
HB 1175
Third Reading Passed (135-1)
HB 1178
Third Reading Passed (137-0)
HB 1243
Third Reading Passed (109-25)

Third Reading Calendar (House Bills) #50

HB 119
Third Reading Passed (135-0)
HB 561
Third Reading Passed (137-0)
HB 763
Third Reading Passed (137-0)
HB 766
Third Reading Passed (134-2)
HB 801
Third Reading Passed (135-0)
HB 809
Third Reading Passed (135-1)
HB 841
Third Reading Passed (137-0)

Third Reading Calendar (House Bills) #51

HB 122
Third Reading Passed (133-4)
HB 287
Third Reading Passed (135-0)
HB 528
Third Reading Passed (125-12)
HB 601
Third Reading Passed (135-0)
HB 611
Third Reading Passed (134-0)
HB 685
Third Reading Passed (120-16)
HB 867
Third Reading Passed (135-0)

Third Reading Calendar (House Bills) #52

HB 985
Third Reading Passed (89-46)
HB 1022
Third Reading Passed (101-95)
HB 1053
Third Reading Passed (137-0)
HB 1139
Third Reading Passed (135-2)
HB 1151
Third Reading Passed (135-1)
HB 1190
Third Reading Passed (135-1)

Third Reading Calendar (House Bills) #53

HB 11
Third Reading Passed (135-2)
HB 87
Third Reading Passed (91-46)
HB 289
Third Reading Passed (138-0)
HB 387
Third Reading Passed (138-0)
HB 477
Third Reading Passed (136-2)
HB 487
Third Reading Passed (123-14)
HB 614
Third Reading Passed (137-0)
HB 1259
Third Reading Passed (132-5)

Third Reading Calendar (House Bills) #54

HB 620
Third Reading Passed (99-39)
HB 740
Third Reading Passed (105-32)
HB 778
Third Reading Passed (122-14)
HB 859
Third Reading Passed (134-2)
HB 860
Third Reading Passed (136-0)
HB 939
Third Reading Passed (137-1)
HB 983
Third Reading Passed (139-0)
HB 1196
Third Reading Passed (99-39)

Third Reading Calendar (House Bills) #55

HB 171

Third Reading Passed (94-43)Third Reading Calendar (House Bills) #48

HB 511
Third Reading Passed (137-0)
HB 587
Third Reading Passed (137-0)
HB 756
Third Reading Passed (99-36)
HB 986
Third Reading Passed (129-8)
HB 1182
Third Reading Passed (137-0)

Third Reading Calendar (House Bills) #49

HB 899
Third Reading Passed (135-0)
HB 933
Third Reading Passed (132-5)
HB 1027
Third Reading Passed (137-0)
HB 1146
Third Reading Passed (136-0)
HB 1175
Third Reading Passed (135-1)
HB 1178
Third Reading Passed (137-0)
HB 1243
Third Reading Passed (109-25)

Third Reading Calendar (House Bills) #50

HB 119
Third Reading Passed (135-0)
HB 561
Third Reading Passed (137-0)
HB 763
Third Reading Passed (137-0)
HB 766
Third Reading Passed (134-2)
HB 801
Third Reading Passed (135-0)
HB 809
Third Reading Passed (135-1)
HB 841
Third Reading Passed (137-0)

Third Reading Calendar (House Bills) #51

HB 122
Third Reading Passed (133-4)
HB 287
Third Reading Passed (135-0)
HB 528
Third Reading Passed (125-12)
HB 601
Third Reading Passed (135-0)
HB 611
Third Reading Passed (134-0)
HB 685
Third Reading Passed (120-16)
HB 867
Third Reading Passed (135-0)

Third Reading Calendar (House Bills) #52

HB 985
Third Reading Passed (89-46)
HB 1022
Third Reading Passed (101-95)
HB 1053
Third Reading Passed (137-0)
HB 1139
Third Reading Passed (135-2)
HB 1151
Third Reading Passed (135-1)
HB 1190
Third Reading Passed (135-1)

Third Reading Calendar (House Bills) #53

HB 11
Third Reading Passed (135-2)
HB 87
Third Reading Passed (91-46)
HB 289
Third Reading Passed (138-0)
HB 387
Third Reading Passed (138-0)
HB 477
Third Reading Passed (136-2)
HB 487
Third Reading Passed (123-14)
HB 614
Third Reading Passed (137-0)
HB 1259
Third Reading Passed (132-5)

Third Reading Calendar (House Bills) #54

HB 620
Third Reading Passed (99-39)
HB 740
Third Reading Passed (105-32)
HB 778
Third Reading Passed (122-14)
HB 859
Third Reading Passed (134-2)
HB 860
Third Reading Passed (136-0)
HB 939
Third Reading Passed (137-1)
HB 983
Third Reading Passed (139-0)
HB 1196
Third Reading Passed (99-39)

Third Reading Calendar (House Bills) #55

HB 171
Third Reading Passed (94-43)
HB 396
Third Reading Passed (111-27)
HB 787
Third Reading Passed (101-36)
HB 868
Third Reading Passed (124-8)

Third Reading Calendar (House Bills) #56

HB 235
Motion vote previous question (Delegate Ross) Adopted
Third Reading Passed (86-52)
HB 881
Third Reading Passed (93-45)
HB 396
Third Reading Passed (111-27)
HB 787
Third Reading Passed (101-36)
HB 868
Third Reading Passed (124-8)

• One of the more disturbing bills passed on Saturday was HB-235. This is the “transgender, cross-dresser” bill which now requires for employer accommodations of these confused individuals. The bill will allow for our public school teachers to call themselves “Bob” one week and “Bonnie” the next week. It will be a real problem for small business and big business alike and is sure to be just one more reason not to move a family or a business into Maryland. Myself and Delegate Otto did not vote for this  bill for reasons too numerous to name.
• I am working on a budget summary over the next few days. It will not be a pretty report if you care about spending.

Accomack County 911 Not Working...........

ACCOMACK COUNTY—

According to Accomack 911, Verizon- is currently experiencing problems with telephone service in Southern areas of Accomack County.

If you are unable to reach the 911 center using 911 or non-emergency lines, individuals may report emergencies at their local fire or EMS station.

Accomack has no idea how long 911 will be out.

Progress Made In Wal*Mart Carjacking

For those of you that doubt the Pocomoke City Police

Here's what the Daily Times Reported Today:

POCOMOKE CITY — Pocomoke City police soon expect to be able to file charges against two juveniles they say allegedly committed the carjacking of a 69-year-old woman Monday morning in the Walmart parking lot.

One of the juveniles, a 17-year-old, was arrested on separate charges yesterday, later giving a full confession to Pocomoke City police officers. He is being held in the Eastern Shore Regional Jail in Virginia on seven pending charges stemming from the separate incident.

Arrest warrants have been issued for both suspects in the case, including the 18-year-old who allegedly joined the 17-year-old during the robbery. Both will be charged with armed robbery, theft of a motor vehicle and first-degree assault, however have to be extradited from Virginia to Maryland before appearing in front of a judge.

Police say when the 17-year-old was arrested a 9 mm gun was recovered, similar to the one described by the victim.

Source; dailytimes.com http://www.delmarvanow.com/apps/pbcs.dll/article?AID=/201103301250/NEWS01/110330022

Two Arrested For Farm Equipment Theft

Maryland State Police are investigating the theft of farm equipment from Public Landing Road in Snow Hill this morning.  Police found the trailer with the farm equipment at Allstate Salvage in Westover, where the 36 year old Aaron Poulson (upper left)of Snow Hill and 27 year old Anthony Davis  (l0wer left)of Girdletree were trying to sell the items as scrap.  Both have been arrested and the farm equipment recovered.

NEWS RELEASE:   Theft over $1,000 – Farm Equipment
DATE/TIME OCCURRED; 3/30/2011 @ 10:00 am
LOCATION; 7400 Block of Public Landing Road
Snow Hill, Worcester County, Maryland
SUSPECT(s); Aaron Patrick Poulson – AA Male 36 yoa
5700 Block of Castle Hill Road
Snow Hill, Worcester County Maryland 21863
Anthony NMN Davis – AA Male 27 yoa
2800 Block of Snow Hill Road
Girdletree, Worcester County Maryland 21863

BRIEF RESUME: On 3/30/2011 @ 10:00 am Troopers of the Maryland State Police received a 911 call regarding a citizen noting a vehicle leaving a residential community with a trailer full of farm equipment.

The caller noted the items might have belonged to the caller. The victim/caller noted the vehicle description and the suspects inside.

Giving the description of the vehicle, the vehicle’s occupants and the equipment on the trailer, the caller/victim responded to the 7400 block of Public Landing Road in Snow Hill Worcester County Maryland where it was noted the items on the trailer indeed were stolen. A police broadcast was announced with the vehicle description as well as the last known direction of travel.

Making several phone calls, the MSP Berlin patrol supervisor and dispatcher learned of the vehicle in question was at the Allstate Salvage in Westover, Somerset County Maryland attempting to “scrap” the items for cash. Requesting assistance from the Maryland State Police – Princess Anne Barrack – Troopers
arrived to the scene and detained Poulson and Davis. Further investigation by Troopers revealed Poulson and Davis had asked to borrow the items from the victim but when the victim refused to allow them to use the items, Poulson and Davis decided to steal them and turn the farm implements in to a scrap yard for
cash. All the items were recovered intact and functioning. Both subjects were brought before a Maryland District Court Commissioner and released pending trial.

Date of Incident: 03/30/2011
Case Number: 11-96-001788
Location of Incident: 7400 block of Public Landing Road, Snow Hill, Worcester County MD

Source; WGMD.comhttp://www.wgmd.com/?p=20960

Virginia Driver Suffers Minor Injuries In Accident

MELFA, Va. (WAVY) - State police were called to the scene of a serious accident in the town of Melfa Wednesday morning. The accident involved a 2005 Freightliner tractor trailer, fully loaded with frozen chicken.

State police spokeswoman Sergeant Michelle Anaya told WAVY.com the tractor trailer was traveling southbound on Route 13 when it ran off the road to the right, struck two telephone poles, continued on to strike two unoccupied vehicles in a used car lot and continued on until finally striking a building. The truck came to a rest at Don Velario's Restaurant causing thousands of dollars worth of damage, Anaya said.

The driver, 41-year-old Tony Terrell Weeks of Mappsville, Virginia suffered minor injuries and was transported to the hospital.

An investigation into what caused the accident is ongoing. Mr. Weeks was wearing his seatbelt and alcohol was not a factor in the crash, according to Sgt. Anaya, however charges are pending.

One lane of Route 13 will be shut down for several hours as crews repair what was damaged.

Source; fox43tv.com http://www.fox43tv.com/dpps/news/local/truck-driver-survives-serious-accident_3759849

Snow Hill Man Shot At Glen Burnie Mall

 A 23-year-old Snow   Hill          man      was in stable condition at a Baltimore hospital Tuesday night after being shot outside Marley Station mall just before 12:45 p.m., county police said.

County police said the man was shot in the parking lot at the Glen Burnie mall during an altercation. They said it was not a random act of violence, but declined to offer any further explanation.

Police had no information on what the victim was doing at the mall at the time of the shooting.

The assailants, described as two black men, one of whom might have had dreadlocks, drove off in a dark gray Honda or a similar vehicle, south on Ritchie Highway.

Two male friends of the shooting victim drove the man south on Ritchie Highway in a Honda Civic to the Dunkin’ Donuts nearly a mile away. They then called police.

Firefighters and police officers responded to the doughnut shop and the victim was taken by ambulance to the Maryland Shock Trauma Center in Baltimore with a gunshot wound to his upper torso. He was reported in stable condition last night.

At the shooting scene, officers and detectives blocked off an area about 50 yards long and including four rows of parking spaces near JCPenney and the food court. They were examining the area around a parked gray Infiniti.

Mall officials declined to comment, and refered all inquiries back to police.

Crime scene technicians took photographs and collected evidence. There were about 11 yellow evidence markers in and around the vehicle of interest.

Among the evidence gathered was one black tennis shoe, a black and white speckled composition book, a crumpled up plastic bag, and what was believed to be one shell casing sitting on the pavement next to the Infiniti’s driver’s side door.

The car also had several pages of paper, regular 8.5 by 11 sheets, stuck under the windshield. A few other pieces of paper were also strewn about and gathered by police.

Earlier at Dunkin Donuts, the copper-colored Honda used to transport the victim was parked with both doors open and a shirt sitting on the ground near the door.

The incident comes just weeks after a 61-year-old woman was beaten and robbed as she left the mall on March 3. A man was arrested and charged after being captured at a Brooklyn Park motel two days later.
Source; mdgazette.com http://www.mdgazette.com/content/man-shot-marley-station-mall

Sara Foxwell's Grandmother Roberta Wechsler on WBOC

First I would like to say that I am so glad that little Sara's family is happy with the outcome of the Leggs trial and that my thoughts and prayers are with you and all those involved.

Tragic events always bring about all sorts of emotion from family and friends, and this was clearly a very emotional and severely tragic event. WBOC16 and their reporters were on the scene of the Leggs trial today and they have extraordinary coverage and they have put together a collage of video interviews that I will pass along to you.

There's really not anything that I can add to superb coverage of WBOC16  other than I can pass along the emotional videos for you to make your own conclusions of this event.
I can though add one little thing. It ain't over yet [sic]. Watch all the video coverage below and you will understand what I'm referring to.




Foxwell Press Conference 1: Wicomico County State's Attorney Matthew Maciarello

Foxwell Press Conference 3: Wicomico County Sheriff Mike Lewis

Foxwell Press Conference 2: Jennifer Foxwell

Foxwell Press Conference 4: Roberta Wechsler

Foxwell Press Conference 5: Joseph Albero

[VIDEO] Foxwell Family Lashes Out At Blogger

By Amber Watson, Anchor - email

ELKTON, Md. - There was even more drama outside of the courtroom between the Foxwell family and Salisbury News blogger Joe Albero. "In the moment of Sarah's kidnapping in my opinion he has exploited her murder and her memory and torched and pillaged my family," said Roberta Wexler, Sarah Foxwell's grandmother.

Sarah's grandmother Roberta Wexler says she and her family have been taken advantage of by Albero. Wexler says he is trying to make a profit off of the tragedy with a book. She has since filed a complaint with the Wicomico County States Attorney. "I will treat her like any other citizen and look into any claim made by any citizen. At this point I have not received any information that Albero has committed any crimes," said Matt Maciarello, the Wicomico County State's Attorney.

"We are considering writing a book. What we do with the funds is our decision," said Joe Albero, the SBY News Blogger. Albero says he has not profited from Sarah Foxwell's death.

VIA; WMDT

Leggs Sentenced To Life In Prison

From WBOC NEWS

Tuesday  March 29, 2011

ELKTON, Md.- A plea deal has been reached in the case against a man accused of kidnapping and murdering an 11-year-old Salisbury girl.

Thomas J. Leggs Jr., 31, of Salisbury, appearing in Cecil County Circuit Court on Tuesday morning, admitted his guilt in Sarah Haley Foxwell's death.

"I am guilty," Leggs told the court multiple times, as he took responsibility for his crimes.

Under the terms of the plea deal, Leggs received two life sentences without parole: one for first-degree murder and the other for first-degree sexual offense. He was also given 30 years in prison for kidnapping and 20 years for burglary. All sentences are to be served consecutively.

In a statement to Sarah's family, Leggs said there was no excuse for his "monstrous act." He also said he was thankful Sarah's family spared his life, and that he will spend the rest of his life doing "whatever is necessary" to make sure a crime such as the one he committed is never again perpetrated against another child. Leggs also apologized that because of his actions, Sarah would never see adulthood.

At a press conference held outside the courthouse after the judicial proceedings, Wicomico County State's Attorney Matthew Maciarello - whose office prosecuted the case - said the decision to no longer seek the death penalty against Leggs was largely made out of respect for Sarah's family.

"The Foxwell family has told me that they do not want a lifetime of anguish and appeals, due to the extreme stress, havoc and grief the death of Sarah has caused them and their need to begin healing from this horrible, despicable crime," Maciarello said.

"And because they wished to protect Sarah's sister, a 7-year-old material witness in the case, they have unanimously requested that we withdraw our notice to seek the death penalty in consideration for the plea agreement placed on the record today."

Maciarello also noted that the history of the death penalty in Maryland indicates that it would be highly unlikely that Leggs would be ever executed.

Davis Ruark, who served as a special prosecutor in the case, said that due to the magnitude of the crimes committed against Sarah, it was his personal opinion that Leggs deserved to be put to death. Despite having to withdraw the death penalty against Leggs in order to work out a plea agreement, Ruark said he still believed justice was served in this case.

"Yes, to the extent that the family's wishes were honored, justice was served in this case," Ruark said. When asked if he believed a compromise had been made with a convicted child killer, Ruark replied, "It's not a compromise. He will never come out of prison alive."

Also at the press conference, Sarah's mother Jennifer Foxwell said that now that her daughter's killer is going to prison for the rest of his life, her family can have closure.

"Thank you all so much for giving up your Christmas of '09 to bring our baby home," she said. "We now have closure and we can all move on- including the community."

According to court records, on Dec. 23, 2009 Leggs kidnapped and killed Sarah. After a massive three-day search that involved hundreds of police officers and civilians, Sarah's burned body was found in a wooded area of Wicomico County on Christmas Day of 2009.

Authorities have said that Leggs- a convicted sex offender in Maryland and Delaware- had dated Sarah's aunt for a short time several months before the girl's kidnapping and death. 

As part of the plea deal, which spared him a possible death sentence, Leggs agreed to give investigators additional details about the kidnapping and murder of Sarah.

Source; WBOC News http://www.wboc.com/story/14341664/plea-deal-reached-in-leggs-murder-casehttp://www.wboc.com/story/14341664/plea-deal-reached-in-leggs-murder-case

Willie Nelson's Lastest Pot Bust

CNN News
Willie Nelson's latest pot bust could be settled for a song and $100, a west Texas prosecutor said.

"You can bet your ass I'm not going to be mean to Willie Nelson," Hudspeth County Attorney C.R. "Kit" Bramblett told CNN Monday, confirming his plea recommendation.

Nelson, a treasured icon in the Lone Star state, was charged with marijuana possession after U.S. Border Patrol agents searched his tour bus on a Hudspeth County, Texas highway near the U.S.-Mexico border, about 85 miles southeast of El Paso last November.

No court date is set, but Bramblett said he would recommend a plea deal for Nelson that includes the legendary country artist singing his 1975 hit "Blue Eyes Crying in the Rain." The courtroom performance would serve as his community service, he said.

He would also ask for Nelson to pay a $100 fine and court cost, he said. The sentenced could also be deferred, which means it would fall off his criminal record after 30 days of good behavior, he said.

Pot smoking on Nelson's bus is no secret, Bramblett said. "They got a song out that says 'I'll Never Smoke Weed With Willie Again.'"

Toby Keith's lyrics tell a story of learning "a hard lesson in a small Texas town" while smoking marijuana on Nelson's old bus, the "Honey Suckle Rose."

Asked if that might not be a better song for court, the prosecutor said "No, I'm not going to have him sing that one."

The final decision, though, will be in the hands of Judge Becky Dean-Walker, who seemed irritated by media reports Monday concerning the proposed plea deal.

"My court is not a jester court," Judge Dean-Walker said. "I understand that people are star stuck, I'm not one of them."

The plea deal has not been presented to Nelson's lawyer, the prosecutor said. The singer's representative would not comment to CNN.

Nelson was caught last November because his tour bus traveled down a Hudspeth County road that is considered a border checkpoint, because it is close to Mexico, he said. Agents, who have drug-detecting dogs, have the legal right to board and search any bus, car or truck that passes through, he said.

Hudspeth County's courthouse doesn't see a lot of business. Bramblett estimated he prosecutes only a dozen or so misdemeanor pot cases each year. The U.S. census puts the county populated at 3,115.

Bramblett joked that while Nelson was initially charged with possession of six ounces of pot, which would put the case out of his jurisdiction, he and the sheriff smoked or threw out enough to bring it into his jurisdiction.

Misdemeanor possession of less than two ounces carries a maximum of 180 days in jail and a $2,000 fine, although jail time is rare in such cases, according to Texas criminal lawyer George Reul.

Source; wtkr.com

Carjacking UPDATE

UPDATE

From WMDT Channel 47 News

POCOMOKE CITY, Md. - Police need your help locating two black male suspects they say are responsible for an armed carjacking Tuesday morning.

Authorities say the incident occurred around 5:00 a.m. in the employee parking lot of the Wal-Mart located on the on the 2000 block of Old Snow Hill Road.

The two suspects allegedly stole an employee's car at gunpoint. One of the suspects is being described as 5'10" in height and wearing a red jacket.

Police say they have located the stolen car. The vehicle was involved in a motor vehicle accident in Accomack County, said officials. Authorities say the drivers are unknown at this time.

Anyone with information on this incident is asked to call the Pocomoke City Police Department at (410) 957-1600.

Gov. McDonnell Attacks Healthcare Overhaul in Weekly Address

Gov. Bob McDonnell says Republican governors are at risk of being undermined by "unrealistic and irresponsible" policies coming from Washington, including the federal health care overhaul.

McDonnell delivered the Republican weekly address Saturday, just days after the one-year anniversary of the passage of the health care legislation.

This is the second time McDonnell has delivered the Republican weekly address. The last time was August 2009.

McDonnell said passage of the health care package had more do to with expanding control by the federal government than reforming health care.

McDonnell called the legislation "a budget buster" and "unconstitutional." Virginia has challenged the legislation in court

McDonnell called on fellow Republicans to repeal the health care legislation, which the House of Representatives has voted to do.
Source; shoredailynews.com

Want to Talk About a REAL "News Blackout"?

Lindsay Lohan is 24 and her story is all over the news because she's a celebrity drug addict and allegedly,  a thief. 
  
Charlie Sheen is 45 and you would have been under a rock all week if you hadn't heard about his antics. 

While................ 

Justin Allen 23,
Brett Linley 29,
Matthew Weikert 29,
Justus Bartett 27,
Dave Santos 21,
Jesse Reed 26,
Matthew Johnson 21,
Zachary Fisher 24,
Brandon King 23,
Christopher Goeke 23, and
Sheldon Tate 27..........

are all Marines that gave their lives this week for you. There is no media for them; not even a mention of their names.

Hat Tip: Eric

The Lion, Biker, and the Reporter

A Harley biker is riding by the zoo in Washington, DC when he sees a little girl leaning into the lion's cage.  Suddenly, the lion grabs her by the cuff of her jacket and tries to pull her inside to slaughter her, under the eyes of her screaming parents.

The biker jumps off his Harley, runs to the cage and hits the lion square on the nose with a powerful punch.  Whimpering from the pain the lion jumps back letting go of the girl, and the biker brings her to her terrified parents, who thank him endlessly. A reporter has watched the whole event. 

The reporter addressing the Harley rider says, 'Sir, this was the most gallant and brave thing I've seen a man do in my whole life.'  The Harley rider replies, 'Why, it was nothing, really, the lion was behind bars. I just saw this little kid in danger and acted as I felt right.'

The reporter says, 'Well, I'll make sure this won't go unnoticed. I'm a journalist, you know, and tomorrow's paper will have this story on the front page... So, what do you do for a living and what political affiliation do you have?'

The biker replies, 'I'm a U.S. Marine and a Republican.' The journalist leaves.

The following morning the biker buys the paper to see if it indeed brings news of his actions, and reads, on the front page:

U.S. MARINE ASSAULTS AFRICAN IMMIGRANT AND STEALS HIS LUNCH

*That pretty much sums up the media's approach to the news these days.*

Hat Tip; Kack

Courtney Bloxom Benefit

Here are a couple of photos taken Saturday night during the Courtney Bloxom Benefit held at the Community Center in Pocomoke City, Maryland.

The contest included 35 beautiful contestants. What a difficult job it must have been to select princesses from these beautiful young ladies.

Contest Winners............

From left to right: Mrs. Hope Eastern Shore Angela Abell, Ms. Hope Eastern Shore Allison Funds, Miss Hope Eastern Shore Ashley Mapp, Miss Hope Eastern Shore Teen Amy Wigglesworth, Miss Hope Eastern Shore Junior Teen Madison Jennings, Miss Hope Eastern Shore Pre Teen Olivia Kurtz.

I will have more later................. <>

Carjacking From Wal*Mart

According to sources at WMDT Channel 47

The Pocomoke City Police are investigating an armed carjacking that occurred in the parking lot of the Wal*Mart this morning.

Great Success This Weekend!

I am happy to say that two events held this weekend were met with GREAT success!!

The Shore BEEF and BBQ fed some hungry volunteer fireman during their first "THANKS TO OUR LOCAL VOLUNTEER FIREMEN" event. A nice crowd of fireman gathered for the free buffet and I'm sure they wished there had been more to attend. But, hey, when word gets around about that great food they missed they'll make it next time.

In this time in our lives when things around seem so dark and grim it should be a comfort to all of us that there are people in the community that take time to show their appreciation to those that unselfishly protect us.

In case you don't know Shore BEEF and BBQ is located on Route 13 just before T's corner.

In Pocomoke at the Pocomoke Community Center the Little Miss Hope Eastern Shore Princess Tea and Miss Hope Eastern Shore Pageant were held. Over 400 people attended and the pageant organizers seemed very pleased with the money they raised for the Courtney Bloxom Fund. So many people worked so hard to make this event the success it was. And even at the last moment when Miss America 2010, Caressa Cameron was not able to be there due to weather conditions in her area these organizers sailed through the evening, I am told. The Pettine sisters are winners themselves. They worked so hard for many months and one can't blame them if they just take a few days off for sleep! More on the pageant later today.

Please remember that Courtney still has a long way to go before she is completely recovered. Donations are are always appreciated and prayers are too.

Prayers don't cost a dime. They don't have to be mailed. You can send as many prayers as you want. They're free. In fact, you don't even have to remember Courtney's name. God knows who you're praying for.

Please keep Courtney in your prayers.

Local Weather

 I was thinking about some Ocean City Thrasher's French Fries so I decided to check out the weather. Looking at the Ocean City web cams it doesn't seam like the cool air is holding some people back. I wonder if Thrasher's will be open tonight? Don't you hate those cravings?

Snow? Yep, we usually get some flurries or a dusting about this time of year every year, sometimes even the first part of April. Does anyone remember our elders calling the snow that we get this time of year the "onion snow"? 

Zone Forecast: Inland Worcester

Mobile Weather Information Last Update: 1104 AM EDT SAT MAR 26 2011

Hazardous weather condition(s):

Hazardous Weather Outlook

This Afternoon...Partly sunny. Highs in the mid 40s. North winds 5 to 10 mph.

Tonight...Partly cloudy in the evening...then cloudy with snow and rain after midnight. Little or no snow accumulation. Lows in the lower 30s. Northeast winds 5 to 10 mph. Chance of precipitation 90 percent.

Sunday...Snow until late afternoon. A chance of rain in the afternoon. A chance of snow late. Snow accumulation up to 1 inch. Cold with highs in the upper 30s. North winds around 10 mph. Chance of precipitation 90 percent.

Sunday Night...Mostly cloudy in the evening...then clearing. Cold with lows in the mid 20s. Northwest winds 5 to 10 mph.

Monday...Mostly sunny. Highs in the upper 40s. Northwest winds 10 to 15 mph.

Monday Night...Clear. Lows in the upper 20s.

Tuesday...Mostly sunny. Highs in the upper 40s.

Tuesday Night...Partly cloudy in the evening...then becoming cloudy. A 30 percent chance of rain. Lows in the upper 30s.

Wednesday...Cloudy with a 30 percent chance of rain. Highs in the lower 50s.

Wednesday Night...Mostly cloudy with a chance of rain in the evening...then partly cloudy after midnight. Lows in the upper 30s. Chance of rain 30 percent.

Thursday...Partly sunny. Highs in the mid 50s.

Thursday Night...Mostly cloudy with a 30 percent chance of rain. Lows in the lower 40s.

Friday...Mostly cloudy with a 40 percent chance of showers. Highs in the mid 50s.

VA. Police Seize "Spice"

Bath Salts are sold under the names of "Ivory Wave" and "Cloud Nine". Smoked or injected it can have the same effects as LSD, Cocaine or Ecstasy.

By: Melanie Woodrow

NEWPORT NEWS, Va. (WAVY) - It's been illegal since Wednesday , and already, local law enforcement agencies are cracking down on businesses selling synthetic marijuana, known as spice. (labeled as potpourri or incense)

Governor Bob McDonell signed legislation criminalizing the possession, sale, and distribution of spice and bath salts. An emergency clause meant the bill went into effect immediately.

In Newport News, police officers took all of the spice from Lazy Dayz Hookah Lounge and Outer Edge Gifts on J. Clyde Morris Boulevard.

In Virginia Beach, employees at Birdneck Food Mart and Papa Joe's Smoke Shop voluntarily pulled spice from their shelves.

Businesses should contact their local law enforcement agencies to turn over any remaining spice.

Source; wavy.com http://www.wavy.com/dpp/news/local_news/police-seize-spice-in-newport-news

Spring Has Been Put On HOLD- I Guess

WINTRY MIX THIS WEEKEND??

(For the lower Eastern Shore)

I vote NO!!

TODAY At Shore BEEF and BBQ

First Annual Shore BEEF and BBQ

"THANKS TO OUR LOCAL VOLUNTEER FIREMEN" EVENT

FREE BBQ buffet to local active firemen

Saturday March 26, 2011

11:00 AM until 2:00 PM

6278 Lankford Highway

New Church, Virginia

(just before T's Corner)

Please note that Shore BEEF and BBQ will be open for regular customers on Saturday too.

Facebook Kicks Off 20,000 Underage Users Every Day

By GLEN LEVY

Would it surprise you to learn that, according to a Pew study, nearly half of all 12-year-olds in the U.S. use social network sites, even though they don't meet the minimum age requirements? For Facebook, it's a headache they could do without.

But it's nevertheless a headache they're trying to address. The Daily Telegraph is reporting that roughly 20,000 children are booted off Facebook every day for lying about their age.

But it could be considered an almost impossible problem to solve because Facebook has no mechanisms to work out whether a new user is telling the truth when he or she signs up. "It's not perfect," said Facebook's chief privacy adviser Mozelle Thompson.

And the 20,000 figure quoted is but a fraction of the 600 million (and ever growing) users that are on Facebook. What's more, underage users aren't merely an issue for the social network site but for regulators concerned with privacy issues. In the U.S., that's been spearheaded of late by Senator Al Franken, who has already been the co-author of a letter to CEO Mark Zuckerberg related to collecting the personal data of users.

"These younger users," said Franken (referring at the time to teenagers between the age of 13–17) are the most vulnerable to predators on Facebook and the rest of the Internet and it should be impossible for them to inadvertently share their phone numbers and home addresses with anyone." And Franken would no doubt note the grim irony that, when it comes to the preteen market, this is no laughing matter.

Source; yahoo.com http://news.yahoo.com/s/time/20110323/us_time/httpnewsfeedtimecom20110323facebookkicksoff20000underageuserseverydayxidrssfullnationyahoo

Special Tribute Given To Lippoldt and Torres

Written by:
Bill Kerbin
POCOMOKE CITY -- The members of the Mar-Va Theater Performing Arts Center paid a special tribute to two longtime volunteers at an annual dinner. Curt Lippoldt(left in photo) and Arnold Torres (right) were honored; both had served as president of the center.
Lippoldt's involvement in the restoration of the historic theater began in the days he was mayor of Pocomoke City. He later served as historian for the theater and, in 2002, began five years of service as president. Stepping down as president in 2007, he took on the job of restoration chairman; he then served as treasurer until this past December.

Torres joined the board in 2005, serving on the finance committee and the restoration team. He accepted the presidency in 2007 and led the center until this past December when the present president, Laura Morrison, was named to the post. Morrison also complimented Torres for compiling a photographic history of events at the theater.

Expressing his pride in the community, Torres thanked the members of the board for bringing the "Mar-Va back to life." The theater had been closed for a number of years prior to the formation of MTPAC, which later assumed ownership.

Lippoldt said that with his service on the board he had gained so many new friends. He was pleased to see so many people dedicated to the community. He added that Torres had done a "great job" in his service as president.

A third former president of MTPAC, Don Malloy, was also recognized for his service.

Morrison also announced that the organization has created another award, "Volunteer of the Year," to be given to someone who is not a member of the board. The award, this year, was given to Carol Justice. Justice took on the responsibility of ordering all the movies and returning them after they were shown, until the theater employed a manager, Emily Rantz. She also organizes the volunteers for the Friday night movies as well as being on hand herself.

The theater, which has been restored to its original condition, presently features movies every other weekend, with the movie, "Mars Needs Moms," planned for April 1-2. On April 9, the well-known Glenn Miller Orchestra will be on stage.

Source; worcester county times http://www.delmarvanow.com/article/20110324/WCT06/103240329/Mar-Va-Theater-gives-nod-its-helping-hands?odyssey=mod_sectionstories

Suspect Still Wanted For Armed Robbery

According to Major Todd Godwin, on December 12, 2010 at approximately 02:45 a.m., the Accomack County Sheriff's Office received a report of an armed robbery that had occurred at the Shore Stop convenience store in Accomac. Reportedly taken during this incident was an undisclosed amount of money and merchandise.

An investigation into this incident has resulted in two suspects being identified. Warrants have been obtained against 22 year old Roy Brewer Davison and 28 year old Jacqueline Applegate, both of Princess Anne, Maryland, for robbery, armed burglary with the intent to rob and use of a firearm in the commission of a robbery. Jacqueline Applegate is currently incarcerated in the Wicomico County Jail on Maryland charges as well as on a detainer from Accomack County for this incident. Roy Brewer Davison has not been located as of this date. Roy Davison is described as a white male, 6'00", 150 lbs, blue eyes, blond hair.

Anyone having information regarding the whereabouts of Roy Brewer Davison is asked to contact the Accomack County Sheriffs Office at 757-787-1131 or 757-824-5666.
Source; shoredailynews

Costs of Operating Circuit Court

Written by:

Nancy Powell

Associate Editor

Ocean City Today

An increase in the number of jury trials adds to the cost of operating Circuit Court

“Jury trials have more than doubled in the past few months,” court administrator Richard Outmen told the Worcester County Commissioners during their budget session Tuesday.

From July 2009 through March 2010, 22 jury trials were conducted. From July 2010 through March 2011, that number increased to 49.

“The pace has intensified in the past six to eight months and probably will intensify further,” said Judge Richard Bloxom, who, along with Judge Thomas C. Groton III, accompanied Outten.

Sometimes, prospective jurors are notified to go to Circuit Court in Snow Hill, but before jury selection begins, the attorneys for the prosecution and the defense work out a deal and the people go home. Even if no trial is held, the people in the jury pool must still be paid a per diem rate of $25.

Three-fifths of any appropriation the commissioners make for jury per diem cost is reimbursed by the state.

By the end of January 2011, jury reimbursements had risen to $42,000, but the fiscal year 2011 budget only listed $40,000 for court fines and those reimbursements together. Fines accounted for $19,998.

The current budget for per diem jury costs is $34,100. Outten asked that the commissioners increase it to $70,000.

The number of jury trials for criminal cases has increased partly because Beau Oglesby, the new state’s attorney, wants more trials and fewer plea bargains and because many defendants request jury trials. Although some defendants request jury trials as a stalling tactic, others request them because they might be facing a stiff mandatory sentence if found guilty of certain felonies and prefer to take their chances with a jury instead of a judge.

There are also more indictments for drug dealers and for more serious cases, Bloxom said. The number of jury trials for civil cases has also increased.

Even though the state reimburses most of the per diem costs, other costs are involved. Those include salaries for people involved in scheduling and working with the juries. Theoretically, jury trials could be held simultaneously in the three courtrooms in Circuit Court in Snow Hill.

Partly because of the increase in jury trials, Outten and the judges requested that a vacant position be filled.

“It’s an essential, vital position,” Outten said. “The position is necessary.”

The vacant position is for Outten’s administrative assistant. His previous administrative assistant took over the duties of a criminal assignment clerk a few months ago. In addition to assisting Outten, the new hire would fill in as a judge’s secretary when needed, monitor the court smart system in the absence of a court reporter, fill in as a court assignment commissioner and organize and attend various meetings.

Outten asked the commissioners a few months ago for permission to fill that position, but was told to wait until budget time. Tuesday, Commissioner James Purnell told Outten, “We’ll take you at your word [that the position is needed].”

Altogether, the requested budget for Circuit Court is $1.25 million, an increase of $48,536 over the current $1.2 million budget.

Source; oceancitytoday