Joe,
I know you are out of town with family. I am hoping you will forward this on to be posted. I am attaching a letter I received from the District Court.
I received this letter on October 7th, two days after the scheduled preliminary hearing. Jonathan Taylor knew three days prior to the hearing the case was to be nolle prossed. Proving ASA Rick Brueckner had no regard for me, the victim in this case. Something is absolutely wrong in Davis Ruark's office when the defendant knows he will not be prosecuted a week before the victim is notified of this decision. Obviously, the State's Attorney's office doesn't care if the victims takes time away from their lives to show up in court, only to find justice will not be served.
In the one and only conversation I had with ASA Rick Brueckner, he told me he was going to try this case. Clearly a lie, told to appease me, the victim. He made a decision to not try this case based on nothing he got from me because, when I asked him if he wanted the information used to file charges he said, NO. He said he wouldn't need them yet because this wouldn't go to trial until Nov, Dec or possibly Jan. Therefore, his decision was based on whatever transpired between T.J. Maloney and himself. I would really like to know what kind of deal was made between ASA Rick Brueckner and T.J. Maloney. However, I am the victim and have no rights to protection in Wicomico County.
To this day, he has no idea what information was used to file the charges or to obtain the peace order granted by Judge Motsay.
If this is how every case that is not prosecuted is handled, it's no wonder the city is ranked 2nd in violent crime. They get no help from attorney's like ASA Rick Brueckner. Is this why we have so many cases not prosecuted in Wicomico County? Is this why so many criminals are walking out of court only to commit crimes against the community, time and time again? How many others in Davis Ruark's office make their decision to not prosecute based on nothing? How many times has the decision to not prosecute been made, in crimes against women, in Wicomico County?
I am not as angry over the nolle prosequi decision as I am the way the decision was made and the lack of communication from the office of the State's Attorney.
64 comments:
Welcome to OUR world! - SPD
Keep asking the questions and don't give up. This does not sound kosher to me. You have the right to know.
Why dont u contact the Victims Advocate in the office and get his reply.
Very frustrating. They should at least have had the decency to discuss this with you BEFORE making the deal.
Get over it. There was no case. Stop wasting the courts time.
2:01 I guess those decisions have absolutely nothing to do with the way the charging document is written up - including improper code usage, improper spelling, wrong address, and improper handling of YOUR evidence or the way it is investigaged by spd, do they? Most of us know better.
I'm not a fan of JT, but what exactly was the crime that was committed? What evidence did the SA have to work with? A peace order does not mean an automatic conviction, correct?
Well now you know how I feel when Joe tried putting BS charges on me
Donna,
If you won this it would open the flood gates for suits against Joe and other internet bloggers. Our SAs office hs no balls. Everything goes to a grand jury because they are scared to make a decsion for themselves. We need an ELECTED SA in Wicomico County. The office is so bass ackwards its silly. Its not just they dont like women, they just have no clue of how to do anything. And it starts from the top and goes down through out. With crime going up so much, so quick, in this county. You would think the people would have an uprising against the SAs office.
From MD Judiciary Case Search
Charge No: 001Description:HARASS; A COURSE OF CONDUCT
Statute: 27.121ADescription:HARASS; A COURSE OF CONDUCT
Amended Date: CJIS Code:1 0191MO/PLL:Probable Cause:X
Incident Date From: 01/03/2009 To: 08/31/2009 Victim Age:
Disposition Plea: OTHER PLEA
Disposition: NOLLE PROSEQUIDisposition Date:10/05/2009
Fine:$0.00Court Costs:$0.00CICF:$0.00
Amt Suspended: Fine:$0.00Court Costs:$0.00CICF:$0.00
PBJ EndDate: Probation End Date:Restitution Amount:$0.00
Jail Term: Yrs:Mos:Days:
Suspended Term: Yrs:Mos:Days:
Credit Time Served:
--------------------------------------------------------------------------------
Charge No: 002Description:HARASS FOL. ANOTH W/INT TO
Statute: 27.121ADescription:HARASS FOL. ANOTH W/INT TO
Amended Date: CJIS Code:1 5406MO/PLL:Probable Cause:X
Incident Date From: 01/03/2009 To: 08/31/2009 Victim Age:
Disposition Plea: OTHER PLEA
Disposition: NOLLE PROSEQUIDisposition Date:10/05/2009
Fine:$0.00Court Costs:$0.00CICF:$0.00
Amt Suspended: Fine:$0.00Court Costs:$0.00CICF:$0.00
PBJ EndDate: Probation End Date:Restitution Amount:$0.00
Jail Term: Yrs:Mos:Days:
Suspended Term: Yrs:Mos:Days:
Credit Time Served:
--------------------------------------------------------------------------------
Charge No: 003Description:STALKING
Statute: 27.121BDescription:STALKING
Amended Date: CJIS Code:1 6525MO/PLL:Probable Cause:X
Incident Date From: 01/03/2009 To: 08/31/2009 Victim Age:
Disposition Plea: OTHER PLEA
Disposition: NOLLE PROSEQUIDisposition Date:10/05/2009
Fine:$0.00Court Costs:$0.00CICF:$0.00
Amt Suspended: Fine:$0.00Court Costs:$0.00CICF:$0.00
PBJ EndDate: Probation End Date:Restitution Amount:$0.00
Jail Term: Yrs:Mos:Days:
Suspended Term: Yrs:Mos:Days:
Credit Time Served:
@2:23 Joe is a big boy he can take care of himself.
Ghanima is right. People are either not reading or not comprehending what they are reading. It says in the post the SA did not see the evidence or want the evidence until a later date.
TJ Baloney probably cried about his client is disabled and in a wheelchair or he told every lie he thought would benefit his client. Whatever lies he told were effective.
Interesting. TJ Maloney is Gary Comegys lawyer. TJ Maloney represented Shanie Shields in her foreclosure. Robin Cockey, TJ Maloney's partner represented Shanie Shields for the recount of votes. TJ Maloney is a SAPOA slumlord. Heather Conyer represented JT in the peace order hearing, works out of TJ Maloney's office. TJ Maloney represented JT.
Yes, this disgusting person is tied tightly to Comegys, Smith and Shields, SAPOA and everything evil in Salisbury.
No wonder they didn't prosecute the case he had every crooked person in the city behind him.
2:23, you may be interested in finding out,in spite of your ignorance, that the State's Attorney IS elected - every four years. You will get your chance to vote in 2010 when the office comes up for vote again. Make sure you remember that so you won't sound so foolish next time.
That election date can't come soon enough. Ruark doesn't need to hold the seat any longer. He is a criminal himself. DWI, DWI with loaded gun. We won't forget.
Let Sam Vincent (deputy states attorney) take Ruark's place. He would clean things up around here.
2:56 you may be on to something. The one thing Ruark has going for him is "time". By the time the 2010 elections roll around, his prior "history" you mention will be 2-1/2 years old. Will people remember enough to be that outraged? I seriously doubt it. Most of those who would vote against him would be those who have had experiences in the criminal justice system such as this particular case. Your average "Joe Wicomico" - as long as he/she feels safe and secure - will vote for him again. To them, he would be a "known" quantity, flaws and all, instead of an unknown. Besides, who do you recommend taking his place? He does have 25 years experience and he's only in his mid 50's. WHO is going to do better?
Brueckner is the same ASA that prosecuted Ray Lewis's case. We all know how that turned out.
3:04 without Mike Lewis no one in Wicomico County would feel safe. I don't know many that feel safe anywhere around here. Do you read the Court Briefings in the newspaper? Pages full of stet or nolle pros very few convictions. The only thing he has done lately is prosecute the Pirkle case. At least her family got justice. What about all other victims of crime that never have their day in court. Ruark is done. Washed up. Over. Through.
3:04, you are correct in that most politicians expect the folks to forget all of the mistakes that they have made prior to the next election. In Ruark's case, he has made so many that it will be hard to forget. As far as who could do a better job, I would suggest any lawyer able to pass the bar could do just as good a job as Rurak's. Just because he has been there a long time means nothing. He is a convicted criminal himself and he has botched so many cases it's really sad.
3:09 that's all well and good but Mike Lewis, as much as I like him, will NOT run for State's Attorney. I'm not sure if the elected SA is required to be an attorney but that's just wishful thinking. Pick someone else.
WELCOME TO THE CRIMINAL INJUSTICE SYSTEM
I agree 3:09. Ruark not only mishandles many cases in Wicomico county, but when he was a special prosecutor for Somerset County he totally mishandled the Detention Center (James L. Henderson) case. He never even bothered to take that case to a grand jury when in fact the evidence was overwhelming. The investigation cost the taxpayers tens of thousands of dollars and NO action was ever taken by Ruark. Any respectable person would have resigned their position after making such a horrible decision.
Ruark should follow in the footsteps of Doug Devenyns and resign. They are both an embarassment to Wicomico County.
Ruark and Brueckner probably drink and drive together thats why the deal was made LOSERS !!
Kind of confused. For those of us not familar with the history here, would someone (anyone) please elaborate on what the crime was that Mr. Taylor was being charged with? Not the legal jargon, but what specifically did he do to the lady complaining about the lack of prosecution.
She should file a complaint with the OAG, State Prosecutors office and the Maryland Bar association.
3:09
The only court briefs posted in DT are from District Court. So the whole story never gets printed to begin with. Does anyone want to take the time to see what is happening in the higher court?
It isn't just Wicomico, in Dorchester two children were sodomized, molested, and raped but the perpetrator walked with probation and he knew his sentence before the victims and their representative did. The psychologist warned that he was a risk to those around him, yet he still walked out with nothing but a slap on the wrist. He knew almost two weeks prior to the sentencing hearing because a deal was struck without the knowledge of the victims or their representative.
The court system is a disgrace to the victims and a god send to the criminals. This is exactly why people are taking justice into their own hands, if I had it to do all over again I can assure you I would have never put faith in justice being served, I would have served justice myself.
G I also see where joe said that you need put your name on comments...I think that should also include the Contributors also, i'll use my name when the contributors's do
Interesting, The person was not given her day in court. The person filed a valid complaint. Backed up by many documents, and witnesses. There is something wrong here. I never heard of not inatrviewing the plaintiff...period, much less entering a nolle pros (whatevr) that means; do not take the case tobefore the judge, or whatever it means, without even seeing or talking to the plaintiff? I do not think that is the way it happens in other jurisdictions.
I smell somethig stinky and I do not think it is the river, though it could be part of that problem.
I know what happened. JT threatened to sit on Ruark.
Battered women have to take justice in their own hands to find relief from their abusers. If your family wants justice, women have to die first.
She had two strikes against her from the start. She's a woman and an indian.
Whos an Indian?I am really confused now.
All one has to do is read the local court briefs in the newspaper to know that if you commit a serious crime here you really have nothing to worry about.Even better if you are disabled,non-white,poor,"slow" or any combo of all of the above-you get extra "pity points" that ensure your freedom.
Anonymous said...
So, it appears that GHANIMA is Donna Ennis, correct me if I am wrong.......
2:06 PM
Thanks for posting JT.
But wait, I thought you said you didn't read Joe's Blog. BUSTED!
Anonymous said...
.....We need an ELECTED SA in Wicomico County.....
2:23 PM
DUMBASS!!!
Remember that the State has the burden of only bringing a case to trial if it has a good faith belief that the conduct actually violates a criminal statute. The fact that the defendant said something unkind on a blog does NOT constitute a violation of the harassment or stalking statute. It is very easy to be critical when you DON'T KNOW THE FACTS!
Could they indict JT on these charges or are they not serious enough?
Remember that the State has the burden of only bringing a case to trial if it has a good faith belief that the conduct actually violates a criminal statute.
How does the state know if the conduct violated anything if they did not speak with the victim?
The fact that the defendant said something unkind on a blog does NOT constitute a violation of the harassment or stalking statute.
Do you know for a fact that unkind words was the bases of the charges filed? Do you know, for fact, anything that was to be presented? If you do, you know more than the states attorney knows.
It is very easy to be critical when you DON'T KNOW THE FACTS!
Are you certain YOU KNOW THE FACTS?
Ghanima
2:06 simply asked a question. For you to get your panties in a wad and be so nasty was wrong. You put up a post stating no name calling and you yourself were no better than the name callers for posting that reply. Shame on you
5:41 the one other related rumor I heard was that Vincent would run against Ruark next year. That would be wild
From what was on this blog, sounds like the other blogger went waaaay beyond free speech to "acting out."
Sounds like your "good ole boys" protected each other at the expense of this lady's safety and peace of mind. If they made the decision not to prosecute without looking into all the facts and after telling her they'd try it, they are scum in my book.
The SA was probably covering up for the true authors of the posts on JT's blog. Common sense and knowledge tells you he didn't write a majority of the posts. His contributors were probably afraid he wouldn't lie in court to cover up for them. Revealing their identities would have opened another can of worms.
I think 6:34 is right!
LC and MD didn't wanna be outed.
Too late. It's already known.
Ruark only prosecutes cases that put a feather in his hat, like the pirkle case. He no doubt is worried about the next election. People should remember about the DWI gun toting episode along with his mishandling of many cases and some may remember that he was found gulity of not complying with the Maryland Freedom of Information Act. I would agree with a previous commenter in that any lawyer would be as qualified for SA as Ruark is.
I hope that Sam Vincent has the intestinal fortitude to run for SA. He has far more support than he knows and people would immediately form a committee to elect, if he would just let the public know he would run.
Davis has overstayed his welcome. It is so obvious that he is trying to hang with the Sheriff hoping some of that good will toward the Sheriff would wear off on him - but sorry Davis - ain't gonna happen. Time for a change.
Signed,
Waiting to Join the Vincent Campaign
@7:26 you forgot to mention JC
After whatever I missed yesterday, he makes you get aproval first today. Woman, what are you to do.
The really sad part in this deal is that PigBoy is back to blogging. It is a shame when ANY blogger attacks any non-public citizen. That should be against the law.
ghanima
Didn't you read what I posted? Does it say you called someone a name? Do you not comprehend what you read?
His (friends) pulled him out of the Tar Pit. He is nothing and to waste words, thoughts and time on him does us all an injustice. Ignore him and those few that use him will have no power. He & Them are yesterdays news, it hasnt sank into them yet, thats arrogance. By continually acknowledging them on a public outlet serves their cause and agendas. Lets stop. They have no Mirror, only spite, arrogance and agenda. Thats really sad in and of itself. Did she get sh!t on,YES, did she deserve it,NO. Rmemember fighting "City Hall" is is an uphill battle. My way is quick and efficient, but thats supposed to be insane. Its time I stop talking about this.
To Anon 8:30 Touche. You got me. :)
Anonymous said...
Remember that the State has the burden of only bringing a case to trial if it has a good faith belief that the conduct actually violates a criminal statute. The fact that the defendant said something unkind on a blog does NOT constitute a violation of the harassment or stalking statute. It is very easy to be critical when you DON'T KNOW THE FACTS!
5:47 PM
Sounds to me like this is one of the Bozo's from the SA's office.
Sounds like the justice system decided the plaintiff was being a huge drama queen, and that the case was not worth spending any more resources on.
That's the bottom line.
"Not Prosecuted" I am shocked by the number of cases/charges that are dropped with no sentence, fine, PBJ, or community service. Most recently a woman was found beaten and raped near the old Skateland property. A william Burton had about 15 charges brought against him. According to published reports...all charges were not prosecuted. Joe, I wish someone would investigate why charges are dropped in seemingly the majority of arrest cases in Wicomico County.
2;50 he is also a friend or maybe a stud muffin to bubbba wife.
Ruark was the States Attorney for the case against a drunk driver that hit me. It was back in 2002, but I was never notified of the trial and when I called to see what the hold up was they informed me the trial had already been held. Sarah Grace Dudley in 2002 had a jury trial and received 10 days in jail, 1 year probation, and about a $500 fine (as on Maryland case search). I received a trip to University of Maryland Shock Trauma via helicopter, a weeks stay in ICU for several procedures to repair a broken right wrist reconstructed with metal and held into place with an external brace that screwed into my arm and hand, a broken left arm and hand put back together with metal and wire, a skin graft from my leg to cover the large portion of skin and flesh on my arm that was mangled. In addition to weeks of no use of my arms, trips to Baltimore for follow ups, months of therapy, and the physical appearance/function of my arms that will last a life time. Was it really to much to ask to be included in the hearing, for the jury to see the destruction this woman caused to me, for me to receive some kind of closure. Not to mention the fact that she probably received a lighter sentence because the victim didn't even bother to appear. How did he even prosecute the case without me? It did not matter what happened to me as a result of her carelessness to the SA, but then again I guess he is just able to have more sympathy for drunk drivers.
Sam Vincent replacing Ruark could be compared to Joe Biden replacing Obama. If you don't like what you have now, the understudy wouldn't be much different. We need real change and that means new blood from the top down.
I'm shocked that Ruark even took the case to court. Are you sure he just didn't do a plea deal 9:17? Hope that you are OK now. Isn't is amazing how some elected officials can be so arrogant and/or incompetant and there seems to be no consequencies. Maybe this is about to change with Ruark.
917AM....I sympathize with you! Totally unbelievable but very true! I was involved in a "stalking" and "breaking and entering" case and even at the jury trial, I was told I had to leave the courtroom when the defendant was given time to testify! I was not allowed to hear what he had to say (which of course were all lies) and he was found not guilty. Its almost as if the victim (plaintiff) is basically screwed and the bad guy comes out ahead anymore.
9:30 AM...I don't know exactly what happened or if there was a deal. I just know I was not notified of anything, would not even know who the woman is if I saw her on the street but even with her record she still got a slap on the wrist and I received no closure.
What motive does the SPD have to bring the criminals in when the SA is just going to let them walk? I am sure this plays a big part on officer moral. Take a devoted police officer, which I am sure there are many, who takes their job seriosly and the SA just keeps letting the criminals walk after all the hard work the officer put into getting them to court. This has to be very discouraging and after continuously having your hard work count for nothing eventually I would say why bother.
I agree 10:32. It has to be hard for the cops to try and do a good job when you have SA's like Ruark. In answer to 6:12, yes I do know of a case where there was more than enough evidence to convict and Ruark made a deal and to top it off he let the police investigate for another 6 months while knowing that no charges could ever be brought. Any questions?
Post a Comment