Poorman decision is challenged

The Baltimore Sun

Anne Arundel County prosecutors say they are looking into whether they can appeal a judge's decision to throw out a former Glen Burnie man's manslaughter and weapons convictions.

Assistant State's Attorney Frederick A. Paone said Monday that if prosecutors are not legally permitted to appeal, he will retry Todd Poorman, 38, on charges that he fatally shot Michael Leo Rousseaux, 28, of Severna Park on Nov. 4, 2005.

Asked by the defense to toss out the March 6 jury verdict, Circuit Judge Paul A. Hackner at first refused, but changed his mind in May.

On Monday, Paone sought but failed to get Hackner to revive the jury verdict. Hackner reiterated his position that he wasn't sure Poorman got a fair trial.

Chief among his reasons was that despite Hackner's acquittal of Poorman on a charge of second-degree murder midway through the trial, Paone repeatedly called the crime a "murder" and "execution" in his closing arguments to the jury.

By then, the jury was considering only manslaughter and two handgun violation charges, all related to Poorman's claim of self-defense to a home invasion.

"You're not allowed to argue facts not in evidence," said Jonathan H. Shoup, Poorman's lawyer.

Sheila Rousseaux, the victim's mother, said she felt the judicial system had failed her. Seven shots, including one to the head at point-blank rage, she said, showed an intent to kill.

At his trial, Poorman claimed that he shot Rousseaux only after Rousseaux came to his home and forced his way inside with a gun. But Paone contended the confrontation was an escalation of a dispute over whether Poorman owed Rousseaux several thousand dollars for a Lincoln Navigator.

andrea.siegel@baltsun.com

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