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Attorneys meet with judge in Capital Gazette shooting case
Prosecutors and defense attorneys in the Capital Gazette shooting case will argue at a June 25 hearing what records they are entitled to ahead of the trial, including the prosecutors’ request for the defendant’s jail call and visitor log.
After an approximately 30-minute, closed-door meeting Monday with Circuit Court Judge Laura Ripken, all parties returned to the courtroom and Ripken announced that a daylong public hearing will be held June 25.
Prosecutors and defense attorneys in the case of the man charged with killing Gerald Fischman, Rob Hiaasen, Rebecca Smith, Wendi Winters and John McNamara, will present arguments on five outstanding motions before Ripken will offer a ruling on each.
The motions deal with subpoenas and evidence in the case.
“Most of this is procedural,” said Anne Colt Leitess, Anne Arundel County State’s Attorney, after the hearing. It has to do with “what records the parties are entitled to get from each other.”
Ripken said the defense and prosecutors are working out issues related to discovery — a pretrial procedure by which the parties can exchange evidence from each other.
A spokeswoman for the State Office of the Public Defender declined to comment. The office is representing Jarrod Ramos, 39, of Laurel, 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.
According to court records, prosecutors subpoenaed the Anne Arundel County Detention Center — where Ramos has been held without bail — for a record of all calls Ramos made or received from jail and his visitor log from June 28 to present.
Defense attorneys argued in a written court filing that such a subpoena violates Ramos’ attorney-client privilege and asked Ripken to quash the subpoena.
A detention center representative appeared in court Monday in possession of the documents the state requested. After the meeting in her chambers, Ripken agreed to keep the records until the parties argue on the issue June 25.
Forensic psychiatrists at the Maryland Department of Health’s maximum security mental hospital have been evaluating whether Ramos is competent to stand trial and whether, in the doctor’s opinion, he may be criminally responsible.
Ordered by Ripken, the evaluation follows Ramos’ changing his plea to not guilty and not criminally responsible.
In Maryland, a defendant is considered competent if they understand the court proceedings and can assist their attorneys.
To reach such a determination forensic doctors evaluate whether the defendant understands the charges against them, their plea options and the different players in the courtroom — attorneys, a judge, prosecutors and a jury.
Forensic psychiatrists evaluating for criminal responsibility may review a defendant’s past in detail, inspecting records and evidence against them and interviewing people who knew them.
For a person to be found not criminally responsible in Maryland, it must be determined that they, because of a mental disorder, didn’t know what they did was wrong, or that they knew it was wrong and could not conform their behavior to the requirements of the law.
Per Ripken’s order in early May, the health department doctors had 60 to 90 days to complete its evaluation and return a report to the judge’s chambers. Ripken would then distribute the report to the defense and prosecutors.
Leitess said Monday that in her experience it’s rare for an evaluation to be completed in less than the allotted time, and that her office won’t expect any results from the evaluation until at least August.
After doctors at the state’s Clifton T. Perkins Hospital Center finish their evaluation of Ramos, Ripken ordered he be returned to the Anne Arundel County Detention Center, where he’ll remain on a no-bail status.
Once the court is in possession of the report and both parties review it, the defendant has the option of withdrawing his not criminally responsible plea.
Defense attorneys and prosecutors are allowed to hire their own mental health experts to conduct evaluations that might clash with the findings of health department doctors.
William Davis, Elizabeth Palan and Katy O’Donnell — the team of public defenders representing Ramos — said in court and in written filings their office hired an expert months ago to evaluate their client.
Prosecutors or the defense can ask the judge to split the trial into two proceedings — a bifurcated trial. In the first proceeding the judge or jury reach a determination on the defendant’s guilt. If they defendant is found guilty, there is a second proceeding to determine if the defendant is not criminally responsible.
The defendant can choose for each of the two proceedings to be bench trial or jury trial. If a defendant is found not criminally responsible, they are committed indefinitely to the custody of the Department of Health and Mental Hygiene.