SUBSCRIBE

U.S. judge rules Stennett case fair

THE BALTIMORE SUN

A federal judge rejected arguments yesterday that Eric D. Stennett was unfairly singled out for federal prosecution on drug and gun charges because of his high-profile acquittal in state court in the death of a Baltimore police officer.

U.S. District Judge Catherine C. Blake also denied defense efforts to suppress evidence and statements in the 19-year-old Baltimore man's case - including his alleged boast of, "I'll beat that," to officers who arrested him on the new charges.

In dismissing the claim of selective prosecution, Blake noted that the argument might have more merit if Stennett's case had remained in state court, before the same prosecutors who unsuccessfully tried him last year in the death of Officer Kevon M. Gavin.

But Blake said there was "no indication whatsoever" that Stennett was treated differently from any other defendant facing possible federal charges. "I do not see anything even bordering on the degree of arbitrariness or irrationalness necessary to support a claim of selective prosecution," she said.

Attorney Charles M. Curtis had asked for notes of conversations between the U.S. attorney's office and top city police officials and prosecutors about Stennett's case, which might have supported defense efforts to have the federal case dismissed on equal protection grounds.

After yesterday's lengthy court hearing, Curtis said he knew he was unlikely to prevail on the request. But he maintained that Stennett would not be facing the stiffer penalties of the federal court system if not for his well-known history with city police.

"If it wasn't Eric Stennett, more likely than not this case would still be in state court," Curtis said.

U.S. Attorney Thomas M. DiBiagio, who is trying the Stennett case, declined to comment outside of court. During the hearing, he said there was nothing arbitrary about the federal charges against Stennett.

DiBiagio said that his office, at the urging of Baltimore Police Commissioner Edward T. Norris, has made a priority of cases that pair drugs and weapons. He said the office also considers in reviewing such cases a defendant's criminal history and whether he would face harsher penalties in the state or federal system.

Stennett was arrested March 9 after a foot chase with police in West Baltimore where, officers said, they saw him drop two plastic bags containing suspected crack cocaine and a .38-caliber revolver. Stennett faced an additional drug charge after police said they found cocaine hidden in the apartment he shared with his mother.

The arrest occurred about a year after Stennett was acquitted on state murder and manslaughter charges stemming from a high-speed car chase in April 2000 that killed Gavin. Stennett, then 17, was accused of leading police on the chase that ended with his Ford Bronco plowing into Gavin's cruiser.

When he was arrested in March, Stennett allegedly told an officer who recognized his name from the earlier case: "Yeah, I'm the one." As the officers collected the suspected drug evidence, Stennett also allegedly said, "Yeah, that's mine," and, "I'll beat that," police said.

Stennett's attorneys had asked that the trial on the new charges, scheduled for July 8, be moved outside of Baltimore because of extensive publicity about the earlier case. Blake also denied that request.

Copyright © 2021, The Baltimore Sun, a Baltimore Sun Media Group publication | Place an Ad

You've reached your monthly free article limit.

Get Unlimited Digital Access

4 weeks for only 99¢
Subscribe Now

Cancel Anytime

Already have digital access? Log in

Log out

Print subscriber? Activate digital access