The state's second-highest court erased the sex crime conviction of a Baltimore County man yesterday because the case had been postponed so many times in Baltimore's Circuit )) Court.

In dismissing the charges, the Court of Special Appeals wrote that it was "unaware of any case that even approaches this level of delay."

The case was postponed nine times over 16 months because no judge was available in the congested court. Seven of the postponements occurred after the 180 days in which a criminal case is supposed to go to trial unless a defendant seeks the delay.

Judge Joseph P. McCurdy, administrative judge for Baltimore's Circuit Court criminal docket, said he was concerned by the number of postponements. He said he plans to review the court file as soon as possible.

"It is something I would really like to look at," McCurdy said yesterday. "I think seven or eight [postponements] is an unusual number. If I find something that indicates a systemic problem, certainly we want to address that."

Usually a case in Baltimore Circuit Court will be postponed no more than three times, though exceptions exist, McCurdy said.

Baltimore Deputy State's Attorney Haven H. Kodeck said his office is evaluating the opinion to see if it means prosecutors have to change their procedures.

"We're always upset when a charge gets dismissed, especially when there is a jury finding," Kodeck said.

James T. Brown Jr., 49, of the 1200 block of St. Agnes Lane in Baltimore County wanted his trial to go forward as soon as possible. He never waived his right to have a speedy trial, said attorney Debbie Liu, who represented Brown on appeal.

"In this case, the trial counsel was ready to go to trial from day one," Liu said.

Instead, the trial bounced for months from judge to judge.

"The serial postponements of trial due to the unavailability of the court is the equivalent of the failure to assign any trial date," Judge James R. Eyler wrote for a three-judge panel of the Court of Special Appeals.

Brown was charged with sexually assaulting a 12-year-old girl Jan. 26, 1996, at her mother's home. His case was first scheduled for trial Sept. 25, 1996, but Brown was not tried until Oct. 28, 1997.

The day it went to trial, Judge Paul A. Smith remarked: "I must admit that I can't recall when I've seen a case postponed this many times."

A jury convicted Brown of third- and fourth-degree sex offenses and assault. Smith sentenced him to two years in prison.

Liu said Brown has been out on an appeal bond since his conviction.

Gary E. Bair, chief of the criminal division for the Maryland attorney general's office, said he had not reviewed the opinion. The office will decide in the next few weeks if it will take the case to the Court of Appeals, the state's highest court.

Pub Date: 12/08/98