Michelle Barnes's Legal Cases (4)

Criminal defense

State of Maryland v. Samantha Kay Straley.

N/A

OUTCOME: Not Guilty and Dismissal

II was one of 2 defense attorneys in case. Ms. Straley was charged with First Degree Murder, First Degree Arson, and Conspiracy to Commit Murder in the First Degree. The case involved the death ... of Ms. Straley’s father in the family home during a fire. Ms. Straley’s boyfriend at the time of the incident (Terry Green) was also charged. He was a key State witness against Ms. Straley at trial. The use of Mr. Green raised many involved issues regarding his competency to testify. We filed a request to compel Mr. Green to submit to a psychiatric examination. This motion was ultimately denied. However, the competency and mental processes of Mr. Green were a significant issue at trial and involved extensive pre-trial review of evidence and medical/psychiatric parameters. The other major issue in this case involved the arson itself. The State had several State Fire Marshals who testified in this case. The allegations of arson revolved heavily around determining a precise timing of the incident and the exact nature of the fire itself. We, as the defense, also retained an arson expert for trial and were involved in case preparation with additional arson experts. The case required detailed extensive research and training for counsel on fires in general and arson in particular. The defense claim was that this fire and the timing were consistent with this being an accidental or purposeful fire set by the victim himself. Furthermore, there were issues raised involving statements made by Ms. Straley and the possible violation of constitutional rights. Statements were made by Ms. Straley while incarcerated with an undercover officer in a jail cell, which was set up, as well as following an extensive interview of the defendant afterward. The suppression motions filed by the defense regarding this issue were ultimately denied by the court. This case involved over a hundred potential witnesses and was several weeks long in duration. A judgment of Acquittal was granted at the end of the State’s case regarding the charge of First Degree Arson. The jury returned a verdict of Not Guilty on the charge of First Degree Murder. The Jury was could not reach a verdict on the charge of conspiracy. The State entered a nolle prosequi of that remaining count on November 9, 2001.

Child abuse

State v. William Robert Lednum

N/A

OUTCOME: Guilty

I was the State's Attorney who prosecuted this case. Mr. Lednum was charged with First Degree Murder, Child Abuse by a Parent Resulting in Death, Second Degree Murder, Reckless Endangerment, ... First Degree Assault and Second Degree Assault. Mr. Lednum was charged in the death of his several month old son, Kaleb, by means of what is known as ‘shaken baby syndrome’. The injuries to the victim were extensive. The defendant continued, from first interview through trial, to insist that the injuries occurred as a result of an accidental fall of the baby. The victim was transferred from the local hospital immediately to Johns Hopkins Hospital. The trial preparation was incredibly extensive regarding medical issues. I worked very closely with Hopkins physicians specializing in child trauma, brain injury, and optical damage throughout my research and training on the issues. I also worked personally with several doctors considered leading authorities on shaken baby syndrome and brain trauma. The defense retained a number doctors to testify at trial, including one who was considered the top defense witness in the country regarding brain injury and falls. My work in preparing for his cross, including familiarizing myself with his work, medical opinions and preparation for cross examination was extremely extensive. It was during this case that I began to build a large library of medical research in the areas of shaken baby syndrome and accidental falls. The motions hearings covered many areas, including Frye-Reed and the admission of experts. The Daubert analysis had to be researched and prepared as well, because at the time of the hearing there was a significant case in Colorado before the appellate courts that could have affected all aspects of any standard of scientific admissibility. The case involved over 50 trial witnesses, with numerous medical experts. The Defendant was convicted of Child Abuse by a Parent Resulting in Death, Reckless Endangerment and Second Degree Assault and sentenced to twenty years incarceration.

Domestic violence

State of Maryland v. Richard Lavonte Blanks, Sr.

N/A

OUTCOME: Guilty

I was the State's Attorney prosecuting this case. Mr. Blanks was charged with First Degree Murder, First Degree Assault, Second Degree Assault and Reckless Endangerment. The ... Defendant was charged with the murder of an acquaintance. It was alleged that Mr. Blanks entered the apartment of the victim looking for his wife, who was a friend of the victim’s, and got into a fight with the victim, ultimately killing her after a violent struggle throughout the apartment. There were no witnesses to the event. Investigation went on for over a year in this case. There were several small spots of unmatched DNA from blood found under the victim’s fingernails and on her body. These were co-mingled with the victim’s blood. This DNA was ultimately linked to the defendant after extensive investigation in which I was integrally involved. There were a couple of partial fingerprints found on a juice glass in the sink, ultimately linked to the defendant. The DNA evidence was primary in this case and accordingly required a significant amount of preparation. The other aspects of the case, in connecting the Defendant to the victim and the scene, required extensive work and investigation. I worked very closely with the police in this case. There were on-going presentations and witness subpoenas to the Grand Jury, which was recalled a number of times by me in the course of the investigation. The police had suspected and actually charged another individual in the case prior to the indictment against Mr. Blanks. There were a number of issues that arose regarding the admittance of such evidence and the invocation of the 5th Amendment at trial by that individual when called as a witness. There was significant work with medical and forensic experts to be able to decipher what may have occurred in the apartment during the struggle. Evidentiary issues arose regarding admissibility of many witnesses and evidence presented by the State in this case. Mr. Blanks was convicted of First Degree Murder and First Degree Assault and sentenced to life imprisonment.

Environmental and natural resources

State v. Consolidated Pharmaceutical Group, Inc

N/A

OUTCOME: Guilty

I was the Division Chief prosecuting this case for the State of Maryland Attorney General's Office. Consolidated Pharmaceutical Group, Inc. was charged with 96 counts of Illegal Hazardous Waste Dispo ... sal and Endangerment of Others. Consolidated Pharmaceutical Group, Inc.(“CPG”) had a pharmaceutical warehouse, laboratory, and tank-storage area located in a combined residential/commercial area which the owners had closed many months earlier. The facility had been a producer of penicillin. The matter was referred to the Office of the Attorney General’s Environmental Crimes Unit for investigation and possible prosecution when it was discovered that there were hundreds of various chemicals and hazardous waste materials improperly stored and leaking inside a building which was in serious disrepair. The investigation was very extensive and required researching and making determinations about the extensive compounds found in the facility, including whether proximity to other compounds rendered certain items dangerous or hazardous. Investigation involved a joint operation with federal authorities and required review and application of EPA regulations. There were abundant issues which had to be researched and prepared, including evidentiary standards, whether the owners actions rose to a level of wanton willfulness, determining whether each solid waste found met definitions or characteristics of hazardous waste, double jeopardy issues, merger issues and charging determinations. A guilty plea was ultimately entered into by the corporation and the case against the owner was dropped because of the likely inability to successfully extradite him back to the United States. The corporation pled guilty to fifty counts of hazardous waste violations and endangerment of persons. A $500,000 fine, with $250,000 of that to be paid was part of the disposition. Also part of the sentence was the agreement of the owner that he would not be involved in any future industrial or commercial business in the state. The disposition in this case contributed to a fiscal year in which my division reached the greatest amount of fines ever ordered in a single year.

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