Sunday's stabbing death of Hopkins researcher Stephen Pitcairn is now immersed in politics. Former federal prosecutor Gregg Bernstein is charging that his opponent in the upcoming race for Baltimore State's Attorney failed to prosecute one of the main suspects and thus left him out on the street.
At issue is a case from April in which John Alexander Wagner was charged with robbing a gas station attendant, a crime that was caught, albeit briefly, on a video surveillance camera. (See the surveillance video at the end of the extended version of this post) The victim refused to cooperate, worried about retaliation, and prosecutors in State's Attorney Patricia C. Jessamy's office dropped the case.
Police privately say they feel the case still had merit and more than enough evidence even without the testimony of the victim. Prosecutors said they are Constitutionally bound to allow a suspect to cross examine a witness and can't move forward without the victim. "No victim, no case," said a spokeswoman.
Bernstein issued this statement today:
Jessamy countered:
Jessamy declined an interview request. But we've reviewed the court file and there is at least one issue Bernstein raises in his full statement (which can be viewed below) that does not appear to be true. He charges that "nothing was done to speak" with the victim before prosecutors decided to drop the case.
The court file contains a document that shows prosecutor notes indicating authorities repeatedly pleaded with the victim to testify. "Very uncooperative," one note says. "Victim did not want to speak further," another note says.
“Stephen Pitcairn’s [ murder, like so many others in Baltimore, was not just senseless – but preventable. John Wagner, like too many other violent offenders was allowed to walk out of the courtroom without being convicted. If the State’s Attorney had done her job, a job she has had for over 15 years, Stephen Pitcairn might still be alive today.
There are too many stories where the police track down and arrest the bad guys only to watch as the State’s Attorney fails to fight for and obtain convictions. We need to stop this revolving door in which violent criminals are arrested only to see their charges dismissed or spend a short period of time in jail and then return to the street to commit more acts of violence.
The State’s Attorney needs to work with, not against, law enforcement and not engage in this blame game that we continue to see. Rather than come forward and discuss ways to ensure that cases like Mr. Pitcairn’s do not happen again and again, the State’s Attorney engages in the blame game.
Her spokesperson says the victim in John Wagner’s cases in April did not cooperate. Yet, nothing was done to speak with him or ascertain ways to obtain his testimony. And there was other evidence that could have been used in the form of video and the officers’ own testimony.
And then, with regard to the June 2008 case in which Wagner received probation, the State’s Attorney’s spokesperson blames the police, saying that the police do not do a good job in robbery cases. Yet, this was not even a robbery case, but instead a brutal assault
We cannot make our city safe by engaging in finger pointing and misinformation. We cannot make our city safe unless we focus on the most violent offenders. The State’s Attorney gave up on the robbery case against John Wagner in May of this year. In doing so, the State’s Attorney gave up on the safety of Baltimore and its residents
As State’s Attorney I will make it my goal and my mission to prosecute these violent offenders. And while I may not always be successful, it will not stop me from trying to find better ways to ensure our citizens are safe.”