Response to Attorney General RE: Jodi Lee Miles

On April 2, 1997, Edward Atkinson of Wicomico County was murdered. His body was discovered two days later by his brother who observed that Atkinson suffered a single gunshot wound to the back of his head. An investigation revealed that Atkinson was murdered by Jody Lee Miles. Due to pre-trial publicity and the fact that it was a capital case, the trial was removed from Wicomico County to Queen Anne’s County. On March 12, 1998, a jury convicted Miles of felony murder in the first degree, robbery with a deadly weapon, use of a handgun in the commission of a crime of violence, and related offenses. On March 18, 1998, Miles was sentenced to death.

Miles appealed his case and his conviction and death sentence were affirmed and upheld by Maryland’s highest appellate court, the Court of Appeals. Over the ensuing years, Miles filed multiple motions seeking modification of sentence, petitions for post conviction relief, and multiple motions to correct “an illegal sentence,” including one that is now pending before the Court of Special Appeals. On each and every occasion, the appellate courts have affirmed the rulings of the trial court which preserved the viability of Miles’ death sentence.

The death penalty protocol, also referred to as the lethal injection checklist, was ruled illegal by the Court of Appeals in 2007. The Court, in an unrelated death penalty case, found that the protocol was not properly promulgated and was, therefore, illegal.

The 2013 Maryland General Assembly enacted a bill repealing the death penalty. That Bill, which became effective on October 1, 2013, expressly stated that the repeal of the death penalty did not apply to those persons already sentenced to death. The bill then, among other things, repealed the applicable law which provided for the passage of a new protocol to administer the death penalty, even for those currently on death row. This was either an oversight by the General Assembly or an example legislative disingenuousness.

Based upon that new law, Miles filed yet another motion to correct an illegal sentence which was, once again, denied by the Circuit Court for Queen Anne’s County on October 18, 2013 and clarified by an order of court dated November 7, 2013. These rulings are now before the Court of Special Appeals. Pursuant to State law, the defendant’s appeal is being handled by the Maryland Attorney General’s Office.

Yesterday morning--the day after the General Election—the Attorney General disclosed to my office that he was “compelled by law” to concede to what will ultimately amount to a modification of Miles’ death sentence to a purported sentence of “life without the possibility of parole (LWOP).” This office immediately communicated its opposition to any resolution of our case that takes the death penalty off of the table for this convicted murderer. We then called the family of Mr. Atkinson into our office to inform them of the Attorney General’s intentions, and they too, vehemently expressed their opposition to the Attorney General’s proposed resolution of Miles’ appeal.

The family has repeatedly and consistently maintained that their son’s murderer should be executed according to the law which was in place at the time of this horrific and brutal crime. This office promised them, long ago, that it would see to it that the Court’s sentence would be carried out as validly and legally ordered. Yesterday, however, it became clear that the Attorney General’s Office does not share our office’s desire and resolve. Moreover, considering the timing of this announcement—one day after the General Election-- one must wonder how much politics, rather than the law, had to do with the decision to concede to the new sentencing.

Upon being advised of the Attorney General’s decision, this office made two calls. First, we contacted the victim’s family so that they would know about the decision before they read about it in the news. The second call was to one of our local legislators to explore the possibility of having a new bill introduced to authorize the passage of the necessary protocol to legally execute those on death row—those who the legislature indicated were not to be covered by the bill repealing the death penalty. We have no reason to believe that the Office of the Attorney General made any attempt to pursue this option before making the decision to agree to a modification of the sentence of this convicted murderer. It is an understatement, at the very least, to state that both the Atkinson family as well as this office, are disappointed in the decision made by the Attorney General. It is our hope that the Attorney General will reconsider his position before action is taken by the appellate court.

It is the opinion of this office that the State of Maryland is letting the Atkinson family down. The legislature, when they passed the bill repealing the death penalty, collectively represented that this repeal was to be applied prospectively. The Bill repealing the death penalty essentially contained a false promise to families who deserve closure rather than boundless and endless litigation.

Again, I urge the Attorney General to reconsider his position on this matter. Alternatively, if the Attorney General refuses to fight the Defendant’s due process argument, we urge the Governor of this State, Martin O’Malley, to have the fortitude and the decency to commute the death sentence in this case to LWOP instead of putting this family through round after round of hearings and appellate review. On March 9, 2011, when the State of Illinois repealed its death penalty, Governor Pat Quinn commuted the death sentences of the defendants sitting on death row. Under Correctional Services Article Section 7-601, the Governor of the State of Maryland has the power to “change a sentence of death into a sentence of life without the possibility of parole.” Governor O’Malley signed the death penalty repeal, therefore he should take action to deal with the repeal’s unintended consequences—consequences that affect our victim’s family.

The timing of this action is concerning to the family and to our office. The fact that this move would be put into action one day after the election gives the appearance that the State is playing a political game that places politics above the interests of people who have experienced an incalculable loss. Again, we urge the Attorney General to listen to the family and to revisit the concessions contained it its brief. Alternatively, we urge the Governor to commute this sentence if it is clear that the Attorney General is going to concede to a remand. This will at least eliminate any further uncertainty about the legality of a resentencing by the lower court.

Matthew A. Maciarello
State's Attorney
Wicomico County State's Attorney's Office
309 E. Main Street
P.O. Box 1006
Salisbury, MD 21803-1006

P: 410.548.4880
F: 410.860.2425