So how is it that every Baltimore detective of this epoch enters his courthouse with his head down, his badge drawn with practiced boredom for the sheriff’s deputies who man the metal detector in the first-floor lobby? How can those detectives step so heavily toward the elevators, oblivious of the beauty all around them? How can they crush their cigarette butts into the stone with such seeming indifference, then knock on a prosecutor’s office door as if it were the very gate of purgatory? How can a homicide detective bring his best work to this, his final destination, wearing a look of utter resignation?
Well, for one thing, he’s probably been up all night working two fresh shootings and a cutting on the midnight shift. No doubt the same detective scheduled to testify in Bothe’s court this afternoon just finished his overnight paperwork in time to listen to a dayshift’s roll call. No doubt he then spent another hour downing four cups of black coffee and an Egg McMuffin. Now he’s probably lugging paper evidence bags from the ECU to some lawyer’s cubbyhole on the third floor, where he will be informed that his best witness hasn’t yet shown up for court and isn’t answering a sheriff deputy’s phone calls. Beyond those worldly concerns, this same detective-if he knows his business-is obligated to arrive in the legal arena with a mind clouded by something other than transcendent visions of moral victory. In his heart of hearts, a veteran detective is inspired not by the glories of the courthouse, but by Rule Number Nine in the lexicon, to wit:
9A. To a jury, any doubt is reasonable.
9B. The better the case, the worse the jury.
And, in addition to rules 9A and 9B:
9C. A good man is hard to find, but twelve of them, gathered together in one place, is a miracle.
A detective who ventures into the corridors of justice with anything less than a firm and familiar skepticism for the American legal process is a man leaning into the punches. It’s one thing, after all, to see some of your best work torn to shreds by twelve of Baltimore’s finest citizens, but it’s another thing entirely to watch it happen from a state of naive incredulity. Better to check your expectations at the courthouse doors and enter its glistening corridors in full, willful anticipation of the debacle to follow.
The rock-and it’s a fine, honorable rock-upon which our legal system is built states that a defendant is innocent until found guilty by the unanimous vote of a dozen peers. Better that a hundred guilty men should walk free before one innocent man is punished. Well, by that standard, the Baltimore court system is pretty much working to code.
Consider: In this particular year in the life of Baltimore’s criminal justice system, the names of 200 perpetrators will be brought to the state’s attorney’s office in connection with 170 solved homicides.
Of those 200 suspects:
Five cases will still be pending trial two years later. (In two of those instances, suspects were charged in warrants but never apprehended by detectives.)
Five will die before trial or in the course of arrest. (Three of these are suicides, one the victim of a fire she set to kill someone else, one the victim in a police shootout.)
Six will not be tried when prosecutors determine the killings to be justifiable by self-defense or a result of accidental causes.
Two defendants will be declared not criminally responsible and sent to a state mental hospital.
Three defendants age sixteen and younger will have their homicide charges remanded to juvenile court.
Sixteen will have their charges dismissed prior to indictment due to lack of evidence. (On occasion, an aggressive homicide detective with insufficient evidence to prove a case will play a long shot and nonetheless charge his best suspect in the hope that the incarceration will provide sufficient leverage to provoke a confession in subsequent interrogations.)
Twenty-four defendants will have their charges nol prossed or stetted by prosecutors after indictment. (A nol prosse represents the unequivocal dismissal of a grand jury indictment; a stet places the case on an inactive docket, though the prosecution can be revived within a year if additional evidence is forthcoming. In time, most stet cases become dismissals.)
Three defendants will have their charges dismissed or stetted when it becomes clear that they are, in fact, innocent of the crimes for which they have been accused. (The innocent-until-proven-guilty standard does indeed have some real meaning in Maryland’s largest city, where it’s not uncommon for the wrong man to be charged or even indicted for a violent crime. It happened, for example, in the shooting of Gene Cassidy, and it happened again in three separate murders handled by detectives on Stanton’s shift. In those cases, the wrong man was charged as a result of faulty witness identifications-one from the dying victim, the other two from bystanders-and the defendants were subsequently cleared through additional investigation. Charging the wrong man on mediocre evidence is not difficult, and getting a grand jury to indict him is only a little harder. But after that, the chances of putting the wrong man into prison become minimal. It is, after all, hard enough for prosecutors in Baltimore to convict the guilty; the only scenario by which an innocent man could be successfully prosecuted on weak evidence would be one in which a defense attorney failed to evaluate the case and force-fed a plea to a client.)
Guilty or innocent, living or dead, deranged or competent-the winnowing process removes 64 of the original 200 defendants, or nearly 30 percent, before a single case is ever brought to court. And of the 136 men and women remaining:
Eighty-one will accept plea agreements prior to trial. (Eleven of those defendants will plead to premeditated, first-degree murder, 35 to second-degree murder, 32 to manslaughter, and 3 to lesser charges.)
Fifty-five homicide defendants will risk trial before a judge or jury. (Of that number, 25 defendants will be acquitted in jury trials. Twenty of the remaining 30 defendants will be found guilty of first-degree murder, 6 of second-degree murder, and 4 of manslaughter.)
Add 30 trial convictions to 81 pleas and the cumulative deterrent to murder in Baltimore is evident: 111 citizens have been convicted for committing an act of homicide.
By the reckoning of this particular year, the chance of actually being convicted of a crime after being identified by authorities is about 60 percent. And if you factor in those unsolved homicides in which there are no arrests, the chance of being caught and convicted for taking a life in Baltimore is just over 40 percent.
All of which is not to say that this unlucky minority then suffers punishment commensurate with their crime. Of the 111 defendants convicted in this year’s homicides, 22 men and women-20 percent of the total-will be sentenced to less than five years’ incarceration. Another 16 defendants-14 percent of the total-will receive sentences of less than ten years in prison. Given that Maryland’s parole guidelines generally call for prisoners to serve about a third of their sentences, it can be said that three years after they committed their crimes, fewer than 30 percent of the Baltimore homicide unit’s Class of 1988 is still behind prison walls.
Prosecutors and detectives understand the statistics. They know that even with the best cases-those that a state’s attorney is willing to bring before a jury-the chance of success is only three in five. As a result, those prosecutions that are marginal, those in which there is any indication of justifiable self-defense, those in which the witnesses are unreliable or the physical evidence is ambiguous-all these cases soon fall by the side of the road, becoming dismissals or weak pleas.
But not every case that goes to plea is necessarily weak. In Baltimore, plea bargains can be had on reasonably strong cases-cases that no defendant and his attorney would dare risk taking to trial in the suburbs of Anne Arundel or Howard or Baltimore County. Yet in the city, prosecutors know that such cases, when brought to trial, are likely to result in acquittals.