


Issues postponed in Gazette case
State’s doctors request time to finish report on Ramos; defense also asks for delay
Maryland Department of Health doctors evaluating the mental state of the man charged in the Capital Gazette shooting have asked for more time to complete their report.
Circuit Court 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, said in court Tuesday she received a “pretty standard” letter from the health department.
Ripken was slated to hear arguments Tuesday on all outstanding motions before a trial scheduled for November in the case against Laurel resident 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.
The team of public defenders representing Ramos asked Ripken before Tuesday’s hearing to postpone most issues scheduled to be addressed because of a sudden death in the immediate family of one of the attorneys.
“This is beyond anyone’s control,” said Ripken, finding good cause to grant the postponement.
The hearing on all outstanding motions is scheduled now for a day-long hearing July 17.
Elizabeth Palan, one of the defense attorneys, was not present in court. Asked by Ripken if he was okay if the attorneys addressed some issues in court despite Palan’s absence, Ramos — bearded, bespectacled and wearing a green jail jumpsuit — said yes.
The health department, according to Ripken’s account of the letter she received, asked for a 60-day extension because they needed more records to complete the mental health evaluation. Ripken granted their request, with no objection from either defense attorneys or prosecutors.
Anne Colt Leitess, Anne Arundel County State’s Attorney, said after the hearing that she did not expect either the 60-day extension for the health department evaluation or the three-week delay of the motions hearing to impact the start of trial, scheduled to begin Nov. 4 after jury selection.
Ramos entered a plea in late April of not guilty and not criminally responsible — Maryland’s version of the insanity plea — to all 23 counts. Ripken subsequently ordered Ramos be transported to Clifton T Perkins, the state’s maximum security psychiatric hospital in Jessup, for the health department’s forensic evaluation.
Doctors evaluated Ramos on May 21 and 28 and June 4 and 11, Ripken explained. To be found not criminally responsible, the defense must prove that when the defendant committed the crime they could not understand their actions were wrong or conform their actions to the law because of a mental disorder or disability.
Forensic psychiatrists often review all evidence in a case and any additional documents about a defendant that the court allows them to access. Some records that could be relevant to a mental health evaluation were scheduled to be discussed Tuesday, including Ramos’ tax records, jail calls and visits, and educational history.
Ripken explained that some motions had been withdrawn, at least partially. The defense had asked May 17 that prosecutors turn over records related to handwriting, DNA analysis and fingerprints.
William Davis,the lead attorney for Ramos, explained to Ripken that the defense had received at least some of the records they requested and expected more to be sent over within the week.
Leitess confirmed his account.
Others, however, would have to wait. Prosecutors asked Ripken in June to order the Comptroller of Maryland to produce all of Ramos’ tax records from 2003 to present. Returns, W-2 statements and other tax documentation, prosecutors argued in writing, will show Ramos was and is of sound mind.
The defense objected in writing, telling Ripken that if she were to grant the state’s request it would violate a host of Ramos’ constitutional rights. Both parties were to argue the matter in court Tuesday.
The health department’s forensic doctors will produce a report and return it to Ripken, who will distribute it to each legal team. Prosecutors and defense attorney’s can hire their own mental health experts if they disagree with the health department’s findings.
Davis, Palan and Katy O’Donnell — Ramos’ public defenders — have said they’ve solicited the services of an independent expert.
According to the State’s Attorney’s Office, prosecutors intend to do the same. Ripken was expected to hear arguments Tuesday for and against the prosecution's request to bring in its own psychiatrist.
On Tuesday, Ripken granted — with no objection from prosecutors — the defense’s motion to bifurcate the trial, or to split it in two. That means that if a jury finds Ramos guilty at trial, the issue of criminal responsibility will be addressed in a subsequent court proceeding.
Ripken was obligated by law to grant the defense’s request, unless she found a good reason not to do so.
The judge will have more discretion to decide whether to allow prosecutors to see Ramos’ visitor and call logs from the Anne Arundel County Detention Center, where he remains held without bail.
Prosecutors issued a subpoena for the jail to produce a record of all calls Ramos made or received from jail and his visitor log from June 28 to present.
Defense attorneys have argued that if Ripken allows the subpoena to go through, the court would be violating Ramos’ attorney-client privilege.
The records subpoenaed by prosecutors have been in Ripken’s chambers since a scheduling conference on June 4. The decision of whether those records will be released to prosecutors and defense attorneys won’t come until mid July.
“Perhaps,” Ripken said of the remaining motions, “some of those issues may be further resolved by July 17.”