Howard County's outgoing state's attorney yesterday criticized its police chief for failing to consult with him before deciding not to file a false-report charge against the Howard High teacher who claimed to have been stabbed but actually stabbed herself.
Retiring state's attorney William R. Hymes said he first learned of the Police Department's decision from The Sun yesterday. He said he could not recall any prior high-profile case in which his office had not been consulted before such a decision was made.
"The state's attorney's office ought to be a part of the criminal justice team when unusual decisions are made, particularly in cases like this," Mr. Hymes said. "In the past, where they had a case like this -- where they decided not to charge the person with filing a false report -- they have always involved our office."
The decision not to file false-report charges against the teacher also sends the wrong message to Howard County students, he said: "The message may be that it's OK to lie to police officers, and you won't suffer any consequences if you ultimately tell the truth."
Chief James N. Robey defended his decision yesterday, saying he instead briefed the county executive and the school superintendent before announcing Monday that the Howard High School teacher admitted her claims of having been stabbed and robbed were "unfounded."
In addition, police and school sources have told The Sun that the health and physical education teacher, Kathleen J. Johnston, 46, actually stabbed herself in the September incident.
The high-ranking police sources also have said that detectives were aware that she had not been attacked or robbed from the start of their investigation, but were ordered not to file a charge or confront the teacher for two months -- until an interview with her last Thursday.
Chief Robey denied yesterday that there was any intentional delay in handling the case, saying his detectives waited to confront her until they had collected enough evidence.
Ms. Johnston will not be charged with filing a false report, but neither the police spokesman nor Chief Robey would explain why. Her husband, James Johnston, said Monday and in an earlier interview they have no comment.
Not unusual
Chief Robey denied that his decision not to consult with the state's attorney's office was unusual. "We always meet with the state's attorney's office when there is going to be a prosecution. But if the facts do not support filing a false report charge, then we do not discuss it with them in every case," he said.
But Mr. Hymes said that was not so for high-profile cases.
"There have been numerous incidents during the past 16 years in which police said, 'We're not sure we have enough to charge the person with a false report, but we would like to assure the person that if they tell us the truth we won't charge them.' We've always listened to them and discussed it," Mr. Hymes said. He said he might not have recommended filing charges in the case, but "at least all the people within the criminal justice system would have agreed that that was the best decision."
Mr. Hymes also described the chief's briefing of County Executive Charles I. Ecker and School Superintendent Michael E. Hickey as "unusual."
"To my knowledge, it's never happened before. If it has, he has never bothered to tell me and they have never attended our meetings," Mr. Hymes said.
But both Chief Robey and Mr. Ecker said the chief regularly updates the executive on significant cases under investigation by the department.
"As county executive, I have an obligation to brief him, which I do," Chief Robey said. "He may ask me questions on cases, and I answer them."
Mr. Ecker said the chief "keeps me informed on most cases."
"I give him opinions on a number of difficult issues and on a number of difficult cases," Mr. Ecker said. "I have no legal background and no police background . . . but I use common sense."
Mr. Ecker -- a former superintendent of the county school system said he has known Ms. Johnston for many years and visited her when she was in the emergency room after the stabbing incident.
Friendship not an issue
Both Mr. Ecker and the chief denied that his past friendship with Ms. Johnston affected the decision not to file false report charges.
"He never discussed it with me or questioned our decision," Chief Robey said. "It's very difficult to move around this county and find someone who doesn't know Dr. Ecker."
Both Mr. Ecker and the chief -- as well as Dr. Hickey -- also disagreed with Mr. Hymes that failing to charge the teacher sent a wrong message to students.
Ms. Johnston already has lost the respect of her students and peers, Dr. Hickey said, and her status within the school system still has not yet been decided.
"The students are going to judge her on the basis of what she did more than what happens to her," he said.
But school board member Susan J. Cook said she was troubled by the situation. "We try to teach our children to be accountable," she said.
Most students interviewed outside the high school yesterday afternoon said they believe she should be charged with filing a false report.
"She gave the school a worse reputation. She blamed it on someone else, and people were even pointing fingers at students," said freshman Melissa Carr, 14. "This shows [police] don't really care about the effect this had on us."
Dr. Hickey said he will be scheduling a meeting with Ms. Johnston later this week and then will make a decision on her future in the schools.
"The school system will take what action it takes in the case -- which I am not free to discuss because it is a personnel matter -- but perhaps it is best for people to reserve judgment until the process is complete," he said.