Repub­li­can’s edge sur­prises poll­sters

Baltimore Sun - - FRONT PAGE - Jfen­ton@balt­ twit­­ton

gen­eral elec­tion. It hasn’t mat­tered.

Opin­ion writ­ers have crit­i­cized his de­ci­sion to kill Bal­ti­more’s planned Red Line light rail. No ef­fect.

A pro-Jeal­ous po­lit­i­cal ac­tion com­mit­tee has taken to the TV air­waves to run at­tack ads. No change.

In poll af­ter poll, Ho­gan has led by an av­er­age of 18 per­cent­age points over Jeal­ous — in a state where Hil­lary Clin­ton eas­ily de­feated Don­ald Trump by nearly 30 points and Democrats out­num­ber Repub­li­cans 2-to-1. Even be­fore the June pri­mary that nom­i­nated Jeal­ous, poll­sters asked Ben Jeal­ous is hope­ful a wave of sup­port isn’t re­flected in the polls. Poll­sters say Gov. Larry Ho­gan’s lead is a sign of voter sat­is­fac­tion.

its prob­lems.

Un­til the re­al­iza­tion that Wors­ley was an of­fi­cer, “it was like any other ac­ci­dent where a tow truck was called,” Rich­man said. “The judge’s point was: You can’t con­duct an­other traf­fic stop on some­one sim­ply be­cause they’re a po­lice of­fi­cer. It’s not a crime to get into an ac­ci­dent.”

The State’s At­tor­ney’s Of­fice main­tained it had “sub­stan­tial” ev­i­dence that Wors­ley was driv­ing in­tox­i­cated, even with­out the breath test be­ing in­tro­duced. And prose­cu­tors pressed for­ward with an ar­gu­ment that Wors­ley had hit mul­ti­ple parked cars, de­spite po­lice not find­ing ev­i­dence of other dam­aged ve­hi­cles.

“In the in­ter­est of pub­lic safety our of­fice takes driv­ing while in­tox­i­cated cases se­ri­ously and will al­ways pur­sue jus­tice equally and fairly no mat­ter the oc­cu­pa­tion of the de­fen­dant,” they said in a state­ment.

Rich­man said, to the con­trary, his client was treated dif­fer­ently be­cause he was an of­fi­cer.

The Po­lice De­part­ment did not re­spond to ques­tions about Wors­ley’s sta­tus in the de­part­ment.

Body cam­era footage from the July 14 stop in the 1100 block of Ar­gonne Drive shows Wors­ley ap­pear­ing disori­ented as a pa­trol of­fi­cer, Jarred Car­los, tries to as­cer­tain what hap­pened to his dam­aged rental ve­hi­cle, which is later de­ter­mined to be a city po­lice car. The right front tire is bro­ken off, with scratches and other dam­age on the side.

It’s just af­ter 4 a.m., and Wors­ley says lit­tle about the cir­cum­stances of the crash. He iden­ti­fies him­self only as a “city em­ployee,” and re­peat­edly says, “Just give me one sec­ond.” “I wasn’t in an ac­ci­dent,” Wors­ley says. “Your car is heav­ily dam­aged from hit­ting some­thing. That didn’t just hap­pen,” Car­los says. Sgt. Larry Wors­ley points to his car in po­lice body cam video. Wors­ley was ac­quit­ted of a charge of driv­ing un­der the in­flu­ence.

Wors­ley says he is call­ing a “su­per­vi­sor,” who was later re­vealed to be Col. Byron Con­away, the head of the crim­i­nal in­ves­ti­ga­tions di­vi­sion.

“Ob­vi­ously some­thing is wrong with you. I don’t know what it is. Did you take some­thing? … Your pupils are di­lated,” Car­los says.

But Car­los doesn’t ad­min­is­ter a field so­bri­ety test, later ex­plain­ing he didn’t smell al­co­hol and thought Wors­ley could have been woozy from the ac­ci­dent.

Car­los de­cides to have the ve­hi­cle towed and let Wors­ley be taken home.

Forty min­utes into the en­counter, Wors­ley is leav­ing when Car­los re­al­izes Wors­ley is an of­fi­cer. He waves the car to the side of the road. He de­tains Wors­ley again, spark­ing new scru­tiny and ad­di­tional of­fi­cers ar­riv­ing on scene.

Prose­cu­tors said that un­der Mary­land law, law en­force­ment must con­duct a blood al­co­hol con­tent test within two hours fol­low­ing ap­pre­hen­sion of a sus­pected drunken driver. “Un­for­tu­nately, the Bal­ti­more Po­lice De­part­ment con­ducted Sgt. Wors­ley’s test ap­prox­i­mately 3 hours af­ter his ap­pre­hen­sion,” prose­cu­tors said in a state­ment.

The body cam­era footage shows that of­fi­cers dis­cussing what to do with Wors­ley are aware that the two-hour time frame is clos­ing quickly. “The prob­lem we’re go­ing to run into is the two-hour time limit,” a fe­male of­fi­cer says af­ter voic­ing sup­port for hav­ing Wors­ley take a breath test. “We can still do it, and he can still refuse, and then we just go from there,” a male of­fi­cer says. “Let’s just do that.”

Rich­man dis­puted the prose­cu­tors’ as­ser­tion that they were legally un­able to in­tro­duce the breath test. “The pros­e­cu­tion's state­ment re­gard­ing the time of ap­pre­hen­sion and the au­to­matic ex­clu­sion of a breath test re­sult af­ter two hours is about as legally cor­rect as their previous state­ment that there is a le­gal limit in Mary­land,” Rich­man said in a fol­lowup email.


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