Capital Gazette shooter trial delayed till June
The trial to determine whether the man who murdered five Capital Gazette staffers was sane at the time of the deadly attack has been postponed until June after one of the defense attorneys had to step away from the case because of health problems.
It’s the latest delay afforded to the man who fatally shot Gerald Fischman, Rob Hiaasen, John McNamara, Rebecca Smith and Wendi Winters and it comes less than a month before his trial was slated to begin. The trial had been pushed back at least three times before Monday’s ruling and now is scheduled to begin June 8 — nearly two years after the mass shooting.
Defense attorneys representing 40year-old Jarrod Ramos, who pleaded guilty to the murders and all counts related to the mass shooting, asked for the delay because William Davis, one of Ramos’ public defenders, decided he could no longer represent him due to “personal and medical reasons.”
And now the defense needs time to bring a third attorney up to speed in a case that involves an extensive amount of evidence and information, said Elizabeth Palan, deputy public defender for Anne Arundel County.
Circuit Court Judge Laura Ripken granted the delay, noting that the defense “diligently worked to fill the spot on the defense team.” Palan declined to say after court who the third lawyer would be, only that the defense would enter the attorney’s appearance shortly.
State’s Attorney Anne Colt Leitess said the delay “is very difficult” for the families of the slain Capital Gazette staffers and the survivors. However, she said she understood why the defense asked for a postponement and did not object.
“I do realize that neither side really wanted the case to be postponed,” Ripken said.
Davis considered stepping away from the case because of health concerns before — in October 2018. He was not present in court for a motions hearing Jan. 7 because of what Ripken described as an emergency.
Davis has been the district public defender for Anne Arundel County since 2007 and has represented low-income clients for almost three decades, according to the Maryland Office of the Public Defender. He is not stepping down from his post as the county’s ranking public defender, Palan said after court.
The defense has been granted various deadline delays as his attorneys considered whether Ramos would file a plea of not criminally responsible, the state’s version of an insanity plea. Ramos eventually did enter such a plea and requested a two-part trial: The first segment to determine his guilt or innocence; the second for his sanity.
But he pleaded guilty on Oct. 28, admitting he committed the crimes, so only the trial’s second phase remained to be determined. Two days later, the court started an unprecedented jury selection process, only for Ramos’ attorneys to request a delay.
Defense attorneys argued they hadn’t enough time to review disclosures from the prosecution related to expert opinions about Ramos’ mental health. Circuit Court Judge Michael Wachs, who handles rescheduling matters, granted the delay and shortly thereafter the newtrial date was set for March 4.
The guilty plea followed so quickly by the delay whiplashed the loved ones of the fallen and the survivors of Ramos’ attack.
The court will call an undetermined — more than 300 were summoned the first time — number of prospective jurors for jury selection from June 2 to June 4. That number must be reduced to a panel of12 for an expected two weeks of trial focused on Ramos’ mental state at the time of the attack June 28, 2018, when authorities say he used a tactical shotgun to blast his way into the newsroom and take the lives of five employees.
Ramos has asked for a jury to decide whether he spends the rest of his life in prison or is committed indefinitely to a secure psychiatric hospital. Maryland law says that for a jury or judge to find someone not criminally responsible the defense must prove that at the time of the crime the defendant could not, because of a mental disease or disorder, understand what they were doing was wrong or stop themselves.
The latest trial delay comes as prosecutors and defense attorneys were arguing in writing over what records each side is entitled to leading up to the sanity trial, which is often referred to as a battle of experts.
Three groups of mental health experts could be called for Ramos’ trial. Forensic doctors with the Maryland Department of Health were ordered by Ripken to evaluate Ramos. They did and said they believed he was sane. But Ramos’ attorneys hired their own experts, who disagreed with the state evaluators.
Prosecutors also hired a team of experts. However unlike the health department and defense doctors, their experts have not been allowed to interview Ramos.
But the prosecutors’ expert, Dr. Gregory Saathof, interviewed staff at the Anne Arundel County Detention Center about Ramos’ behavior over his 16 months in custody.
Ramos’ attorneys want more information related to those interviews, but prosecutors argued they are not required to turn it over.
Capital Gazette is owned by Baltimore Sun Media.