Judge grants access to Ramos’ tax records

But prosecutors denied own expert to evaluate alleged Capital Gazette shooter

“I’ve never seen such documented (mental health) deterioration.”

After a daylong hearing during which prosecutors and defense attorneys in the Capital Gazette shooting case debated fiercely about records they’re entitled to before trial, each side walked away victorious on some issues and defeated on others.

Circuit Judge Laura Ripken — who is presiding over the case against the man accused of fatally shooting Gerald Fischman, Rob Hiaasen, John McNamara, Rebecca Smith and Wendi Winters — ruled on all six motions scheduled for argument.

Ripken granted prosecutors access to the tax records of Jarrod Ramos, 39 — who faces five counts of first-degree murder, one count of attempted murder, six counts of first-degree assault and a host of other charges — but denied their wish to have their own mental health expert evaluate Ramos, a victory for the defense.

Prosecutors told Ripken that Ramos’ tax records from 2003 to present would prove that he was and is sane and was capable of understanding his actions on June 28, 2018, when police say he blasted his way into the newspaper’s office before turning the pump-action shotgun on employees, killing five.

Ramos pleaded not guilty and not criminally responsible — Maryland’s insanity defense — to all 23 counts. The team of public defenders representing him have repeatedly described his behavior as bizarre up to a decade before the shooting. They’ve touted financial records as paramount to supporting their insanity defense. But, they argued, his tax records are private.

Anne Colt Leitess, Anne Arundel County state’s attorney, said the tax records “will completely rebut” the defense claims. The records, she said, will show that Ramos maintained a federal government job for the better part of a decade and that he showed he understood tax law by filing his returns on time. He did all of this, she said, while acting as his own attorney on a number of lawsuits against the paper, other attorneys and, successfully, his former employer.

Katy O’Donnell, one of the defense attorneys, told the judge that the prosecutors’ argument was not good enough. Even though the defense is “not trying to shield relevant records,” she said, Ripken should deny the request.

Ripken ruled in favor of prosecutors but amended the time period to give the parties access to Ramos’ tax records from Jan. 1, 2004 to present.

Prosecutors also wanted Ripken to allow the mental health expert they’ve retained to complete an additional psychiatric evaluation of Ramos and asked for the defense team to disclose the name, resume and address of the mental health expert they’ve engaged to evaluate Ramos.

Ripken denied both motions after the defense attorneys argued that such a move would violate Ramos’ Fifth and Sixth Amendment rights.

In Maryland, to be found not criminally responsible it must be proven that at the time the defendant committed the crime they, because of a mental disease or disorder, could not understand their actions were illegal or conform their actions to the law.

After setting aside arguments about the improper use of subpoenas, Ripken heard argument about Ramos’ jail and educational records, which prosecutors said could be telling of the defendant’s mental health.

“They’re looking for professional visits,” Public Defender William Davis argued.

A catalog of all Ramos’ jail visits and calls would tip prosecutors off to the public defenders visits and any visits from their mental health expert — all of which should be covered by attorney-client privilege.

“It would literally flip attorney-client privilege: If I know the state is allowed to get that, am I going to have an expert visit him? No,” Davis said, his voice rising. “It would reverberate around the country that all the sudden some court in Maryland would allow the state to know how many times attorney’s visit their clients.”

The law is clear, said James Tuomey, Leitess’ prosecuting partner. A person in jail has no expectation of privacy.

Ripken split the difference, granting prosecutors access to Ramos’ jail records, but allowing the defense attorneys a first look in her chambers so they can redact certain information — including professional visits — with her approval.

She said both the prosecutors and defense attorneys could review Ramos’ educational records in her chambers to determine what’s relevant.

Talk of jail didn’t end there, not before Inmates “A” and “B” were discussed. The unidentified inmates approached authorities to tell them about Ramos’ statements in jail — spoken words about Ramos the defense demanded be turned over. Prosecutors, who said they had no intention of calling either inmate as a witness at trial, argued their names should not be turned over.

“Inmate B said Ramos threatened to kill him,” Tuomey said.

Ripken agreed with defense attorney’s arguments that inmates’ claims about Ramos’ statements and behavior are relevant to criminal responsibility. Prosecutors must disclose the names to the defense, but the defense attorneys are forbidden from revealing the names to Ramos.

Earlier in the day, Ripken denied most of the defense motion demanding that prosecutors turn over information related to Ramos in the decade before the shooting.

O’Donnell urged Ripken to force prosecutors to give them information or documents she argued would support their insanity defense, including police files dating to 2013 and various records detailing what she described as Ramos’ “vendetta” against the Annapolis newspaper. Key among the records Ramos’ team seeks are archives of his Twitter account as far back as 2011-12.

Contained in his tweets, O’Donnell argued, are “bizarre” statements that could legally exculpate him from the June 28 attack.

“I’ve never seen such documented (mental health) deterioration,” she told Ripken.

Leitess protested, arguing that if the defense wants them, they could subpoena Twitter — a corporation by no means under the control of the State of Maryland.

“Tweeting five years before (the attack),” Leitess said, “does not exonerate him from these crimes.”