A lawyer for Gov. Parris N. Glendening said yesterday that the governor cannot appoint a special prosecutor to investigate the fatal shooting by police of a Prince George's County man in June 1993.

Artie Elliott was shot after being arrested for drunken driving. Last week, hundreds of protesters marched from Lanham to Annapolis to petition the governor to act.

A state prosecutor can investigate malfeasance by public officials, a misdemeanor. The 2-year statute of limitations for misdemeanor charges has passed, Mary Ellen Barbera, the governor's lawyer, said. The state's attorney in Prince George's County can look into possible felonies, she said.