Charles Village Court Watch

On March 12, 2011, James Cureton allegedly shot and killed Tanise Ervin, and he allegedly shot Darnell Barksdale twice, and he also allegedly shot Rashad Jenkins on the 1100 block of Gorsuch Avenue.  Charges are first degree murder, two counts of attempted first degree murder, use of a handgun in a violent crime, and lesser charges.  Trial preliminaries continued this morning before Judge Lawrence Fletcher-Hill.

Defense attorney Jack Rubin has filed a motion to suppress any mention of gang activity as part of the prosecution case.  Assistant State's Attorney Larai Everett proffered what the state wished to present in this regard.

The state's theory of the motive for the crime is that Cureton, the defendant, is a Crip, and Darnell Barksdale is a Blood.  In 2006, Barksdale stabbed Cureton at the same location.  Under the rules of the Crips gang, Cureton must retaliate, and Barksdale was the intended target.  Ervin and Jenkins were hit by stray bullets.  Detective Robert Himes is an expert on gangs and would testify that such retaliation, even 5 years after the stabbing, is required by the rules of the gang because Cureton has been disrespected.

Defense attorney Rubin argued that there is no evidence that Cureton was a Crip in 2006, nor is there evidence that the gang connection was the motive in 2011.

After a recess of about 45 minutes which Judge Fletcher-Hill called so that he could study the case law cited by the prosecution, Judge Fletcher-Hill ruled for the defense.  He stated that the case law shows three requirements for evidence about gang involvement to be admissible.  First, it must have substantial relevance.  Secondly, the connection must be established by clear and convincing evidence.  And finally, it must not be prejudicial.  He stated that none of the three criteria had been met.  However, he did note that the door to evidence about gangs might be opened during the trial, but he told the prosecutors that they should ask for a bench conference before assuming that the door has been opened.

After another recess, Rashad Jenkins entered the courtroom and was called to the witness stand and sworn.  He made clear that he did not want to be there.  He was shot in the back on March 12, 2011, but he claimed to remember almost nothing else.  He was shown a photo array and acknowledged that his signature was on it, but he remembers nothing else about it.  He claimed never to have seen the defendant before.

Judge Fletcher-Hill told Jenkins to appear Wednesday next week under the subpoena which had brought him to court today.  He advised him to think about his memory.

After a lunch break, Assistant State's Attorney Richard Gibson called Detective Arthur Brummer to the stand, and the witness was sworn.  He was the lead detective in the murder of Tanise Ervin and the shooting of Darnell Barksdale and Rashad Jenkins.  He spoke to Jenkins in an interview room at homicide two days after the shootings, and no others were present.  Jenkins was upset because he was close to Ervin.  Jenkins was not impaired by drugs or alcohol, and he did not appear to suffer from any mental breakdown.  After the initial interview, an audio tape was made.  Jenkins was shown a photo array, and the suspect was in the top middle.  The other photos were of people looking similar to the suspect.  Jenkins said that he knew the suspect as BG/2G.

On cross examination, Defense Attorney Rubin asked about procedures for the photo array (should the photo array be conducted blind, i.e. by someone who does not know which photo is that of the suspect, and should the photo array be conducted by showing photos one at a time, as is the procedure now used by some police departments?).  On redirect examination, Detective Brummer stated that the procedures he followed were those in effect at the time under Baltimore City Police Department policies.

Judge Fletcher-Hill denied the defense motion to exclude the photo array.

After this, a jury panel was brought in, and voir dire (French for to see to say) began.  This is where a series of questions are posed to the panel, and anyone answering yes to a question stands and gives his/her juror number.  All of us who have had jury duty know what sort of questions are asked.  Following this, each juror is called to the bench to give the specifics of each yes answer to the judge, the attorneys and the defendant.  There is white noise to keep those conversations private.

Finally, when not all jurors had been questioned, Judge Fletcher-Hill announced that something unexpected (but unspecified) had occurred and that nine jurors would return tomorrow after voir dire of more jurors for the final jury selection.  The remaining jurors were dismissed.

I should note here that after tomorrow, when hopefully jury selection will have been completed, the trial will resume Monday with swearing in of the jury, opening statements and testimony.  Also, the trial will skip next Tuesday.

I should note too that the nine jurors who are to return are those who had not been disqualified for cause.  There have to be at least 45 qualified jurors, i.e. 45 not disqualified for cause.  Then, each side gets to exercise its peremptory challenges i.e. challenges for which no cause need be given.  The defense gets 20 peremptory challenges, and the prosecution gets 10.  After this, there need to be 12 jurors and 3 alternates.

Hopefully, jury selection will resume tomorrow at 11:30.