Charles Village Court Watch

Here is what I wrote in an email almost a year ago on May 29, 2012:

As I heard the story in an email from the victim, last January 28, Kahlil Madden tried doors on Abell Avenue.  A resident called 911 and told a neighbor who then followed Madden to 30th and Guilford, where Madden threatened the victim with a knife after he photographen Madden with a cell phone.  Fortunately, just then a police officer arrived.  Madden was charged with two misdemeanor weapons counts and second degree assault, also a misdemeanor.  He has been out on $5000 bail.

This morning, Madden was scheduled for trial before Judge Lynn Stewart at 9 a.m.  At 10:06, the case was first called, with Assistant State's Attorney John Mitchell representing the State.  It was called again at 10:33, and a bench conference followed.

At 11:58, the case was called for the last time.  The plea deal was for the defendant to be sentenced to 2 years with all but 3 days time served suspended, and 2 years supervised probation.  The count to which he plead guilty is possession of a deadly weapon with intent to injure (count 1), and the maximum sentence on that count is 3 years.  Also, if Madden, who completed 11th grade, gets a high school diploma or a GED in the next year, Judge Stewart will consider replacing the guilty plea with probation before judgment.

Quite a number of defendants in two groups went through the questioning required to make sure that the defendant understands the rights he is giving up by pleading guilty, is giving the plea intelligently and voluntarily, and has been informed of post conviction rights.  Madden was in the second group.

Assistant State's Attorney Mitchell described the incident that had led to Madden's arrest.  On a block of East 30th Street, Madden tried doors.  Someone called 911.  At Guilford and 30th, when the victim photographed Madden with his cell phone, Madden showed a bowie knife and told the victim that he would cut him up if he did not cease.  Then, a police officer arrived, and Madden went behind a van and dropped his knife there.  The knife was recovered, and Madden was arrested.

Madden was sentenced, and he was also ordered to pay $165 court costs no later than December 1.  His sentence and verdict will be held sub curia (by the court) to allow it to be changed to probation without judgment if Judge Stewart determines that that is warranted.

What I do know is that if Madden violates his probation, he will be sentenced to the full almost 2 years.  Judge Stewart does not play around with violation of probation.

While I would have liked to see Madden do some time (and the offer in District Court was two years with all but 6 months suspended), I can also see that if he actually gets a high school diploma or a GED, he may well be able to find a job and to live a normal crime-free life.  We certainly can hope.  And if that is the outcome, it certainly will be far better than any alternative.  And at the moment, he has no adult record.  So I cannot criticize the outcome.

Today, Madden was in Baltimore County Circuit Court in Towson facing charges of robbery, second degree assault and theft before Judge Kathleen Cox.  At 12:04, he was led into the courtroom by a deputy sheriff.  His attorney, Andrea Jaskulsky, stated that there would be an Alford plea (a guilty plea where the defendant does not admit guilt but admits that the state has enough to convict him) to second degree assault with restitution of $30 to be paid to a victim, and with an agreement that the state would recommend a sentence of time served.  Note that Judge Cox was not bound by any agreement on a sentence.

When asked what grade he had completed, Madden said, if I heard correctly, that he had completed the ninth grade.  Note that this differs from what he had said in his earlier trial in Baltimore City.  The usual questions were asked of the defendant by the judge to assure that his plea was voluntary and that he understood what rights he was giving up by pleading guilty.  A difference between Baltimore City and Baltimore County practice is that in Baltimore City, the defendant would have been sworn, but I did not see any defendant sworn today.

The assistant state's attorney stated what had occurred last November 13.  The defendant had assaulted two victims, thrown them to the ground and continued to assault them.  He had taken a hat and some money.  Both victims had identified the victim.  The prosecutor then checked to see whether a victim was present to give a victim impact statement, but neither was present.

The defense attorney noted that the defendant's mother was present in court and that the defendant was in a GED program.  During middle school, he was under psychiatric care for depression.  He is backing up 2 years (as noted above).  He has been held since January on either a failure to appear warrant or a violation of probation warrant or both.

The prosecutor noted that Madden has a dangerous weapon conviction in Baltimore City.

Judge Cox sentenced Madden to one year with all but time served suspended and one year supervised probation upon his release.  He is to make restitution.

At 12:15, the proceedings involving Madden were over, and he was led out of the courtroom at 12:21.

My comments:  Madden clearly has problems conforming his conduct to what the law requires.  Fortunately, Judge Stewart is likely to sentence him to all of the two years minus three days that he is backing up on the weapons conviction since today's assault conviction will violate his probation on the weapons conviction.  His violation of probation hearing is scheduled for Wednesday, June 19 at 9:30 (but this is a misdemeanor court, hence court may actually start at 9), and I plan to attend in room 430 Courthouse East.

The reason I copied what I said a year ago is that I wanted to show that Madden has had every chance to turn his life around, but he clearly has not done so.