|Release: January 31, 2003
Contact: Gene Zarwell
Maryland’s "Top Cop" Admits Prosecutors Erred In Capital Cases
Will He Now Admit That State Defense Team Defrauded Court in Capital Ca$e?
Annapolis, MD 01/31/2003 -- Rejecting the governor's lifting of the death penalty, Attorney General J. Joseph Curran, Jr. admitted yesterday, mistakes were made by his prosecutors, and he does not trust the judiciary to sort out the facts even through many levels of appeal.
Does this mean that his team erred in its defense of the state in a claim for damages?
According to Eugene Zarwell, after several years of litigation and investigation it can be proven that the "Top Cop's" shop has problems determining the meanings of the pleadings presented to them. They’re wrong assumptions and lack of comprehension will cost the state in excess of $108 million through its "fraud of-court" and "collusion" with the judiciary to "obstruct justice" in a simple claim for damages they failed to answer in November 1997.
Several judges including Judge Robert Heller and James Cawood could neither locate files nor identify a case that the Attorney General's office had dismissed by Judges Eugene Lerner and Pamela North in the 5th Circuit Court, affirmed dismiss by Judge Raymond Thieme in the Special Court of Appeals, and denied by Judge Robert Bell in the Court of Appeals.
Zarwell’s case was filed on Sept. 11, 1997; placed on the docket on October 21st; motion for summary judgment on Jan. 8, 1998 and moved or default on March 8, 1998. The state did not answer constitutes "non-appearance" according to their own rules of procedure.
During the period between then and now, the state has had more than nine motions from Zarwell to reconsider their position to which they denied the motions hoping it would go away.
Using their formula, their rules, their procedures, and independent investigation to include a request for internal investigation by the Judicial Disciplinary Commission found that their substitution of a case for purposes to dismiss an action they failed to respond to was "normal", the penalty and interest on the amount claimed is near $24.50 per minute accumulating as you read this.
Submitted today is the twentieth invoice totaling more than $108 million include interest, and joining of a second action in 1998 to harass and destroy Zarwell's reputation and credibility. However, this amount will not affect state deficits because it could recover from use of its insurance for the equivalent of professional liability and sovereign inability to make discretionary decisions to protect the state.
Several appointees of the previous administration including cabinet members, judges, and executive branch abandoned their positions when they realized that the case had never been answered and their involvement is not protected by the "sovereign authority" wielded by the Attorney General.
Details are available at: http://www.cccwebs.com/gzarwell/news_release.htm.