Jewelry Dealer Boasted of Drug-Dealer Ties

By Van Smith

Published in City Paper, June 4, 2014

Today, Eugene Petasky is a humbled man, serving a 41-month prison sentence at West Virginia’s Morgantown Federal Correctional Institution after pleading guilty in U.S. District Court in Baltimore last fall to laundering drug money through his jewelry business, Metro Brokers, for nearly a quarter of a century. But on Nov. 8, 2006, when still a free man, Petasky spoke with apparent pride of his drug-world connections, sharing the details with an undercover cooperator in a sting operation that resulted in his indictment weeks later.

The account of Petasky’s litany of drug-world ties is contained in documents included in a civil forfeiture case, entered into the federal court record on April 7, in which the government is seeking to keep two firearms and ammunition seized from Metro Brokers during a November 2006 raid. To back up its forfeiture pleading, the government included a search-warrant affidavit written by Sharnell N. Thomas, a special agent with the U.S. Internal Revenue Service’s Criminal Investigation Division. The affidavit includes a paragraph describing Petasky’s conversation with the cooperator.

“Petasky discussed being associated with several drug traffickers,” Thomas wrote, including “Darryl Henderson, also known as ‘Bam,’ [who] would kill anyone that hurt Petasky.”

Thomas wrote that Petasky stated that he “paid Bam’s legal fees” and that “Bam was an associate of Greg Parker, a well known drug trafficker” in Baltimore. According to the affadavit, he also discussed another “well known” Baltimore drug dealer named “Ya Ya Brockington” and recalled selling “a large chain with a pool table encrusted with diamonds and rubies” to “an individual named ‘Wimpy,'” and “discussed the possibility that Wimpy was killed by another well known drug trafficker . . . Rudy Williams.”

While Thomas’ affidavit describes several of the drug-world figures cited by Petasky as “well known,” only one—Rudy Williams —may qualify as truly famous. The savage criminal career of Linwood “Rudy” Williams was the subject of a lengthy 1992 article in the Baltimore Sun by David Simon, who compared Williams to William Shakespeare’s dramatic and bloody portrayal of King Richard III. Simon’s piece includes an account of “Curtis ‘Wimpy’ Manns, who took Williams into his own drug organization, then ended his career as a corpse in Baltimore County, with partner and friend Williams as the prime suspect.”

In all likelihood, the “Wimpy” Petaski referred to was Manns. Williams, meanwhile, is serving his life sentence at the high-security United State Penitentiary—Canaan, near Scranton, Pa. Details of the other drug dealers Petasky mentioned—Darryl Henderson, Greg Parker, and Ya Ya Brockington—remain inscrutable as of press time.

Given the number of years that have passed since Williams and Manns were on the scene, Petasky’s 2006 boasts may have been more reminiscent of times past than of his contemporary stature on Baltimore’s mean streets. But that a man with Petasky’s trappings—records show he was a donor to Maryland politicians, drove luxury vehicles, had a diversified investment portfolio, and owned a nice home on Woodvalley Drive near Stevenson in Baltimore County—would claim such ties, even in vaunted rhetoric, speaks volumes of the drug culture’s reach into respectable circles.

Petasky’s past—he was previously convicted by a jury in 1990 in connection with a similar money-laundering scheme involving Metro Brokers and an attorney, Neil Steinhorn, who was also convicted—meant that he was prohibited from possessing firearms or ammunition. As part of Petasky’s plea deal, though, prosecutors dismissed the firearms charges, along with numerous other counts of financial crimes. He pleaded guilty to a single conspiracy count of money laundering, and agreed to forfeit $336,000 to the government as ill-gotten gains. Petasky is scheduled to be released from prison on Jan. 1, 2013.

Legendary gangster-cum-author Linwood ‘Rudy’ Williams is ready to talk after nearly a quarter-century in prison

By Van Smith

Published in City Paper, Jan. 20, 2015

The rumor mill, said 60-year-old Linwood Rudolph Williams, has it that “I killed like 200 people with my wife” over the years. The imprisoned-for-life Baltimore gangster denies it, of course, as he does the six murders that David Simon suggested he was responsible for in a 1992 Baltimore Sun article that compared “Rudy” to King Richard III of England, whose two-year reign in the 1400s was a bloodbath. Williams has to deny it, of course; there’s no statute of limitations on murder. But dwelling on the suspiciously violent deaths that litter his life’s path serves a purpose: It perpetuates his legend, which, in turn, helps sell the first of what promises to be his many gangster-fiction books to be published: “Power Moves,” which hit the streets in 2012.

The book is a name-dropping crime epic of Baltimore, starring protagonist Michael Jones, a straight-A high school student who reluctantly enters the game, only to take it over. Williams says he has seven or eight more novels in the Michael Jones series yet to be published, and this first one was picked up by Gangster Chronicles, a publishing house that aims to dissuade readers from entering a life of crime by printing what comes out of the minds of those who did, and came to regret it. Count Williams among the regretful.

Simon’s King Richard III piece was published shortly after Williams, who in the 1980s had beaten numerous serious charges arising from Baltimore police investigations—including one that was prosecuted personally by then-State’s Attorney Stuart Simms—was finally brought down by an intensive federal investigation. He was sentenced to life in prison without parole for sitting atop a violent drug-dealing and money-laundering conspiracy whose supply lines spanned Africa, the Middle East, Latin America, and Europe. Despite the rap and the rumors, even though Williams was convicted of manslaughter as a youngster, he has never suffered the ignominy of a murder conviction.

“I love David Simon,” says Williams, who’s approaching his 25-year mark in the Federal Bureau of Prisons. In “The Wire,” Simon confirms, a story about Williams was the inspiration for the plotline in which Marlo Stanfield, having been caught stealing a lollipop at a store, has the security guard who confronted him about it assassinated. The King Richard III piece includes a brief description of what Williams may have done: “a security guard at a North Avenue grocery was murdered after he had quarreled with Linwood William’s wife.”

“I liked that piece,” says Williams. “But it wasn’t about reality. It was like theatrical, a lot of rumor and stuff.” Rumors abound, Williams says, including one that “I lost my mind” and another that “I got killed a couple years ago myself.”

Williams’ legendary status was further cemented by what his federal judge, the late Frank Kaufman, had to say about him from the bench. “The pity of it all,” Kaufman said, is that Williams “has tremendous ability. He has tremendous brain power, organizational ability, and he has charisma. But he has used it, unfortunately, all in the wrong way.”

During the trial, according to Simon’s reportage, Williams repeatedly mouthed off at Kaufman, saying “fuck you again, judge.” In Williams’ final courtroom speech, he called Kaufman “your lordship of this great star chamber of injustice,” and told him that “by no stretch of anyone’s imagination did I receive a fair trial, nor an honest or decent one. Because God has given me the sense, dignity, and courage to decline the government’s perverted plea bargain of 35 years and the strength to stand up to this persecution, your end has been from the very beginning to put me in prison for life.”

Williams still maintains he was railroaded, though he now says he “sold out” by becoming a drug dealer and can’t quibble with Kaufman’s contention that he misused his talents. In a series of three- to 15-minute recent phone interviews with City Paper, he tries to explain himself.

in a 1992 Baltimore Sun article, David Simon compared “Rudy” to King Richard III of England, whose two-year reign in the 1400s was a bloodbath.

City Paper: If you were 10 years old and could start again, what would you do?

Linwood Rudolph Williams: I would go to Harvard, shake a lot of hands, rub elbows, and be the first black president.

CP: What neighborhood did you grow up in?

LRW: Early on, East Baltimore, and then, about 13 years old, my family moved to West Baltimore. But I went away when I was 13, right after the riots in ’68, for truancy. I wouldn’t go to school, so they sent me up to Boys Village, and it’s a pecking order according to your crime. They go around and ask you, “Whatchu in for?” “Oh, I stole a car” or “I broke into a house.” When they got to me, I had to lie. I couldn’t tell them I was in there for hooking school.

CP: So what did you say?

LRW: I told them I robbed somebody. But when they sent me in there, the die was cast. They should have had a better way, because it was like crime school. So now, when I come home, I’m stealing cars and robbing and all. So that way when I go back next time I don’t have to lie. Do you remember in King Richard III, the judge was talking about how I had all this talent and organizational ability and leadership. I mean, where was you at when I was 13? They said I could have been a CEO and all that. So I look at that kind of cynical. You’re hypocritical, you didn’t care back then.

CP: That King Richard III piece also put all sorts of bodies on you.

LRW: Yeah, accusations and all. They accused me of everything. Every unsolved murder I used to get accused of. Their excuse for not being able to solve the cases was like, “Well, Rudy did it.” So they blamed me for everything. People still dying out there, probably more so.

CP: Then Simon put in “The Wire” that scene with the security guard that was inspired by a guy getting into an argument with your wife, and you had the guy killed. 

LRW: No, no. I didn’t do that. I ain’t never did that. But, it’s funny, they don’t know how many lives I’ve saved. I saved a lot of lives.

CP: How did you save lives? 

LRW: Squashing beefs. People have disagreements and they can’t settle it and they get the guns out. Somebody have to talk to them, somebody with respect can do it. The police can’t do that. They’re not going to listen to the police. The police can only, after they’re dead, try to find who did it. Yeah, I settled a lot of beefs, because of the respect thing.

CP: That reminds of when [former mayor] Tommy D’Alesandro asked Little Melvin [Williams, another legendary Baltimore gangster] to help with the riots in ’68, right?

LRW: Yeah, yeah. You got two mayors. You got the official mayor and the unofficial mayor. You always did have that, you know, with the Italian gangs, the Jewish gangs, Irish—they was the first gang, and they became the police.

CP: What about your mom and dad?

LRW: My father passed when I was home in ’87, my mom’s still living. She worked at the city jail for years, a correctional officer over there, retired from there, well respected. She got her house, nice cars, all that. She did wonderful. My father, he worked on soda trucks, manual labor, things like that. They was together for mostly all my childhood years. We was a good family, in the way poor people was back in the day. We wasn’t really dirt poor, I never lived in the projects, but we was close. There was eight of us children, eventually, so you know that’s fun right there. You don’t need a Playstation with that. When I came home from Boys Village, they was divorced, my father was gone. You know, big family, he couldn’t take care, he couldn’t be the man he wanted to be. We was real tight when he passed, though.

CP: What happened when the federal case came down on you?

LPW: They thought that they’d grab us and put us in a jar like you do bees when you’re a kid, shake it up. So what they did, they grabbed a bunch of people, people they see me talking to, and they didn’t get anything. But they the feds, right, the feds can’t look bad, nobody can beat the feds. They got the biggest ego in the world. They’re going to spend $10 million investigating you, so they’re going to make it stick. They intimidate lawyers and they don’t even fight. The judge got in on it too, because they tried to run over us and I wasn’t going to let them run over me. The judge was a bully.

CP: They tried to put bodies on you, too, right?

LPW: That’s what it was all about anyway, really. The city, [former Baltimore police detective and “The Wire” co-creator Ed] Burns and them, they was doggin’ me for years. They didn’t have the resources or the manpower to exclusively go at me, so they went over to the feds and made out like I was a big crack dealer, which I wasn’t. The feds had a priority on cocaine and crack, so they was like, “Alright, we’ll make him look like a crack dealer, under the policy, so we go after him.” They wanted me so bad, you could’ve killed people and they’d have made a deal with you and let you go. For real, man. They went over to city jail to the guy that, back in a murder trial, he was a juror and hung a jury. They held him, they couldn’t do anything with him, and they let him go. Then he was over [at] the jail for killing his girlfriend and they told him, “Look man, we’ll make this go away if you tell us that Rudy bribed you back in the day when you was on the jury.” You know what the dude told them? “You got to kill me before I tell you some bullshit like that.” They gave him 18 years.

CP: So you weren’t overseeing any crack sales, you were strictly heroin?

LPW: Yeah. A dude told me in ’80s, he was a significant drug dealer, semiretired, he was like, “Look, I got to tell you about something, it’s big in New York, it hasn’t hit Baltimore yet. We can take it down.” He told me how it was, and morally it ain’t sound. I was like, “No, if it do that type of thing to people, no, I don’t want it.”

CP: So crack seemed to take such a toll on people in the streets, but heroin was less of a problem.

LPW: No, it wasn’t that. With the heroin, they’re already addicts anyway, you know? What he was talking about was making new addicts. You got to draw a line somewhere.

CP: Did you encounter any police corruption?

LPW: When I was out there, no, not really. They’ll try to get you the right way, and they might be frustrated, but they didn’t cheat too much. The one time they pulled me over in ’87, they found a machine gun, a bulletproof vest, and they say they found a gram of heroin. I don’t know where that come from. I had maybe $1,300 on me, and they counted it like three or four times, before they were going to give it back to me. The last time they counted it, it was, “He don’t get that back, we found heroin.” That was fishy. I don’t know where that come from.

CP: Right. But generally, it sounds like they played fair with you. You dealt with Ed Burns on your big case?

LPW: Yeah, Ed Burns and them. They cheat, man, they cheat a little bit. Especially when they went over to the feds. The feds are dirty. They aren’t going to let anybody out-lie to them, out-law them, none of that. They’re the biggest outlaws, the biggest gang out there. They’re going to get the judge, they use intimidation, whatever they got to do. They do it smooth though.

CP: During the trial you were quite a spectacle.

LPW: Outspoken, yeah. Because the judge was up there cheating and lying, telling them I was scum. It was all a show. I’m fighting for my life, man, I’m a fighter. You can’t intimidate me. You got to kick my ass. So he was trying to intimidate me, old man, sitting up there. A robe don’t make a man, it’s balls that make a man. And they was cheating—they had nothing on me. They’d been making the case up all along.

CP: What was your bail-bond business?

LPW: L&L up on Whitelock Street. Lisa and Linwood. I mean, we was like the biggest other than Arthur London and Fred Frank. As far as the black bail bondsmen, we were the biggest overnight, when we opened up. We wrote $10 million worth of bails in two years, and we profited $470,000. They had to concede that when we went to court. I knew everybody from jail, the streets, so we got all the major dudes. That was their way of cutting it to me. If they didn’t know me, they get out on bail, they get a chance to talk to me, do business with me. They had to have a reason. Other than that, you know, you couldn’t come up to me in the street and just start a conversation unless you knew me.

CP: The guy who has Bare Feet Shoes, he was in your case?

LPW: Meir Duke and his brother, yeah, they was friends of mine. One time, I had one of the stores, but it didn’t last long because I didn’t have the time, so I took a cash-out. But they used to do little favors. They had a clothes store, and a dude needs a job to get out of jail or something like that and I’ll ask them to give this guy a job. Things like that, man. I had a lot of friends with businesses.

CP: So he ended up doing pretty well. He got convicted, but he didn’t really do much time, and he had [former State’s Attorney] Gregg Bernstein as his post-conviction attorney. 

LPW: Yeah, they gave him his money back and everything. He cooperated with the government, you know. He made a deal with them.

CP: And then your wife Lisa was acquitted.

LPW: All charges. She didn’t do anything. They were just holding her hostage. They was like, we grab him, he going to get sentimental and all that. But I don’t do that. You got to kick my ass, I don’t cop out. I come up under George Jackson. When I was young I didn’t care about going to jail. We fought, we was fighters. We don’t do shit ass-backwards.

CP: You mentioned George Jackson. In Baltimore, you’ve heard about what’s going on with the Black Guerrilla Family [BGF].

LPW: Yeah, I’ve heard about it. There’s a lot of them in here, too.

CP: There’s this political, ideological component of it, from George Jackson, but now it’s just a gang doing gang stuff, it’s not the dignity that George Jackson had envisioned. 

LPW: All the gangs do that. The Crips and the Bloods, they started out as political, protect the neighborhoods and all that. Then the criminal element takes over. It’s the same thing with the Italians and the Jewish ones. It’s opportunism. Even in here, I know a lot of them and they are not serious. It’s something to do. It’s the leaders that they follow. If the leader’s not serious, then they not serious. They become opportunists and parasites. The people they claim they are going to protect, well, they’re preying on them.

CP: So you’re saying it’s no different than the Italian mafia or the Jewish mafia?

LPW: Yeah, it’s the same. They used to prey on their own. The bootleggers sell that rot-gut, take rubbing alcohol when they couldn’t get their rum from out of Canada. And you know Joseph Kennedy was a bootlegger and all, they made their fortune and got out, became part of the establishment, a political dynasty. They’re all a bunch of crooks, though, how they started out.

CP: How was George Jackson important to you?

LPW: When I was young, he was the single most influential person in my life. He inspired me to read. I was a reader, but I was reading junk before. His books were like the Holy Quran to me, I knew them backwards and forwards. I still do. I’m probably the only person who understands his theory on fascism, which was unique. He was way ahead of his time, a genius. I read it again a few years back and was still blown away by his fire, the brainpower he had. A lot of kids out there reading about George Jackson, talking about George Jackson, BGF, they don’t have a clue. They don’t know the lessons, they’re not really serious. It’s a fraternity club, and they just want to belong. People don’t want to be alone, they join it just to belong to something.

CP: Did you ever join the BGF?

LPW: No. I considered myself a Black Panther. I was a revolutionary. But it was over with by the time I found out about what was really going on. The whole time I was doing that state bit for 11 years [for manslaughter], by the time I got close to the door, I was pissed off. I went home and sold out, basically, a fraud. Because I was conscious, I knew what I was doing. I was young and angry, and when you’re young and angry you make bad mistakes. That’s why it’s not good to get angry, I learned, no matter what.

CP: So do you regret becoming a heroin dealer?

LPW: Yeah, I sold out, man. A lot of dudes get in there thinking it’s something exciting, but I was pissed off, man. I came out to get the American Dream, to get the things I wanted in life whatever way. I worked when I came home. I worked at Burger King, I worked at a construction company, delivered pizzas and all that. But you can’t get the American Dream doing that.

CP: I invoked your name in articles a few times over the years. There was this one case involving Eugene Petasky, who got caught twice for laundering money through his jewelry store, Metro Brokers, and he bragged about knowing you to the undercover. 

LPW: Oh, you talking about Gene. Yeah, how’s he doing? I hear he got himself in some trouble by, you know, name-dropping and all.

CP: So it wasn’t just bullshit, he actually knew you?

LPW: Yeah, we go way back. I been knowing him for years, but I didn’t know he was just talking reckless like that, about stuff that he don’t know what he’s talking about. That’s how people get in trouble and all that. I’ve been knowing Gene for years, all those guys down at Metro, Bernard Hill [a clothing store]. They’re kind of like family. They all spread the money around, you know. Me and him were pretty cool. But you got these gangster groupies, they like to know everything. I wouldn’t expect him to be going around talking about stuff like that. I know what lawyers were smoking dope at the parties, who was screwing whose wife, stealing money and whatever, but I don’t talk about other people like that.

CP: In Baltimore, there’s no awareness that there is any organized crime. In your day, people could point to you for a minute, or to Robert Dowdy for a minute, or, earlier, Peanut King or Melvin Williams for a minute. There are these passing gangsters, but no sense of continuity or organization. 

LPW: It’s true. With gangs, it’s more like peer pressure and clubs and all that, they don’t have no financial goals, they just hang out. You see one, you see 50 of them, they move together. With organized crime, they are more like businessmen. They self-sustain. The little boys in the gangs, you got to hold their hands.

CP: Used to be there was Julius Salsbury, there was Little Willie Adams [both of whom controlled aspects of the city’s rackets in the past], but that seems to have passed.

LPW: Everything gets watered down in time. I think the TV has a lot of influence. You watching what’s on TV, you can understand pretty much why people are the way they are. This hip-hop reality-TV stuff—everybody is just silly.

CP: Did you know any politicians in your day in Baltimore? 

LPW: Yeah, I knew [former mayor Clarence] “Du” Burns. We used to have lunch down at the Palmer House. I campaigned a little for Kurt Schmoke, Nathaniel Oaks [a state delegate]. I used to donate money to Nathaniel Oaks.

CP: You would have lunch with “Du” Burns when he was mayor?

LPW: Yeah, “Du” Burns, he was my man. But no, after he was retired. I tried to get him to run again, but he wouldn’t run. He was like, “Youngblood, I’ve been in politics for 50 years, I’m tired now.”

CP: You helped political campaigns?

LPW: Yeah, we helped campaign for Kurt Schmoke. Then I was friends with the East Baltimore Murphy family, they ran a political machine in East Baltimore. They the ones that renovated my house for me on Linden Avenue. Security, it had cameras. It had everything: Jacuzzi and chandeliers, carpet, marble, brass. It was nice and comfortable. Down at the Sheraton downtown, we gave a party and all the politicians and judges came out. There was a picture in my house, when they raided my house, but that one disappeared, the picture of the party we gave for politicians down there. I was at the funeral for Henry Parks [the founder of Parks Sausage]. It was crowded, but I got into the chapel, got to see the royal family, Willie Adams and that circle. And I was at Willie Adams’ birthday party up in Martin’s West. The lieutenant governor and all were there, and Stuart Simms. That was right after that big case of mine against Stuart Simms, the only case he took as state’s attorney.

CP: And you beat it.

LPW: Yeah, I beat it. They underestimated me. They was Rhodes scholars. I’m thorough when it comes to my homework. I don’t let nobody know more than me about it. They look at you a certain way, but they don’t know who you really are. So I know more about them than they know about me. I got to know my town. I could talk about Mencken, whatever, Julius the Lord, the numbers runner. You got to know your history. So I knew a lot of them guys.

CP: The flavor has definitely changed. At some point it seems like the city just exploded with violence.

LPW: It’s the economy. To understand anything, it’s the economy. We’re social creatures. We need each other and all that. The one’s that made it, they turned their backs on us. The hip-hop movement came directly after the Black Power movement and the civil-rights struggle. The ones that made it got through the door. Jesse Jackson and a lot of them, they sold out. So the kids had to raise themselves, and that’s what they came up with. They don’t care.

CP: How did you come to start writing?

LPW: I kept a diary in prison, and during my trial and everything, and did it for years. I stopped doing it after a while, but I still got it. And then I expanded from there, and let people see my stuff, writing short stories, and then short stories became novels. I handwrite everything.

CP: When did come up with the Michael Jones character and what was the inspiration?

LPW: It evolved on me. It started out like it was a short story, and then it just kept on spreading. Michael Jones is like a composite of a lot of people, and he’s like my alter ego. I want to be like him. He’s a smart character, he reads a lot, he studies, even though he’s a criminal. He seems like he’s a drug dealer, but he’s really not a drug dealer. He’s a little businessman.

CP: Right, it just happens to be drugs.

LPW: Yeah. So when the young dudes out there dealing drugs read it, it’s like they don’t have no exit plan, they’re not going anywhere. They read it, you know, at least they be smarter, they read books. And ultimately, they get out from in there, because it’s a dead end.

CP: Seems like that message never takes hold. There’s no chance of long-term success, yet people keep doing it.

LPW: I think it’s because it’s a struggle to survive, that’s the only outlet that they have. It’s the only way for a young black dude to have a chance at the American Dream, not just working at McDonald’s, coming home, and popping some popcorn in the microwave and sit there and watch other people enjoy life, live vicariously. People, especially at a young age, they want to live their life. The American Dream, they over-sold it. Nobody wants a white picket fence and a two-car garage anymore, they want the mansion, they want the Mercedes-Benz. If society don’t create no outlet for that, they going to keep doing it, no matter what. We had “New Jack City,” we had “Scarface,” we had “The King of New York,” we had all these movies showing a dead-end thing, right, where you’re going to end up dead or in jail, but it doesn’t stop them.

CP: In the book, I noticed you used a lot of names and places that are real.

LPW: Because it’s a way of recognizing people, and then there’s people who know that their name is in there, they’re going to talk about it, telling other people. It’s like a promotion thing, too. They got to run out and get it. People live off gossip, you know.

CP: You’re 60 now.

LPW: Yeah, I’m 60 years young. I’m about 155. I play a lot of basketball. I surprise them, I beat all the young kids.

CP: You stayed in shape.

LPW: Depends on what you eat. I try to eat out of the dining room. Some of that stuff’s not bad, the rice and beans, potatoes and all that, it’s not bad.

CP: And you spend a lot of time in the library.

LPW: Yeah, I be in library. I jog, I listen to my MP3, I got like 2,000 songs on there. That’s the key to it, Van, you got to stay busy. If you’re busy, working and all that, then you don’t really know where you are. It don’t matter where you are, because you are into your work.

CP: What music are you listening to?

LPW: I got everything. I got rappers, I got R&B, I got pop. I got Rod Stewart, Bruce Springsteen, I got “Rapture,” Blondie, Herbie Hancock, Average White Band. I like to mix it up. You listen to everybody’s music, you see America through everybody’s eyes, you know. It’s more enriching.

CP: What do you know about prison life, after all those years?

LPW: It’s a university, man, you know. I don’t waste no time. I learn everything I can, like a sponge. I don’t care what it is—quantum physics, relativity, religion and everything, economics, history—I love it.

CP: You got to negotiate the powers that be.

LPW: Yeah, it’s saturated with gangs. When I first come in, it was just individuals, but now you got these gangs and they got their own little rules they play by. They’re not the old-school rules anymore, it’s little kiddie rules. There’s no trust. They stab you in the back, they think small. The goals, it’s not to be successful or the money, but it’s just to be known. We’re living in the age of celebrities. But they’re all like sons to me, man, like one big family, so they listen and respect.

A Dog In the Fight: Baltimore’s Enforcement of Animal-Cruelty Laws is Getting Some Bite

By Van Smith

Published in City Paper, Feb. 17, 2015

Photo: aspca.org

Last March, the door of a vacant house at 6203 York Road in Baltimore was forced open by police to reveal a scene of prolonged horror. The broad contours of what happened were pieced together by authorities after someone reported that a live animal was trapped inside the house in Cedarcroft, a nice neighborhood on the city’s northern boundary.

Baltimore City animal enforcement officer (AEO) Megan Zeiler looked through a window in the house and saw a dead dog. She called the police for help, and when they entered, they found the home “covered in animal waste,” while the “extremely emaciated” dead dog’s “face appeared to have been eaten by another animal,” court records explain. While Zeiler examined the dog, named Rudy, a “live emaciated cat” named Lola “came down the steps” of the house, “covered in dried blood, presumably from consuming dead animal.” Zeiler “found a dead cat” on the third floor that “also appeared to have been eaten.”

Zeiler talked with a neighbor, who explained he had not seen the home’s owner since January. Thus, it appeared that Rudy, Lola, and the other cat had been locked in the house, left to their own devices, for about two months. Only Lola made it out alive, apparently by eating the others. The dead cat’s cause of death is “unknown because most of the body was missing,” court records state, while Rudy “suffered terribly with evidence of severe neglect and lack of veterinary care,” along with “extended malnutrition/starvation.”

After a bit of detective work, someone was held to account: the vacant home’s owner, 33-year-old Patrick Kenji Ito. Charged on July 17 with 31 counts of various forms of animal cruelty, he was arrested a week later and released pending trial on his own recognizance. At his Oct. 7 court appearance, prosecutors declined to press all charges but one count of aggravated animal cruelty. Ito pleaded not guilty and was given two years of supervised probation before judgment and ordered to pay $264 in restitution to the nonprofit Baltimore Animal Rescue and Care Shelter (BARCS), where Lola was treated.

Ito, the chef and co-owner of Hampden’s McCabe’s Restaurant, has not yet paid restitution to BARCS. (BARCS has filed a court lien against him for the amount owed, which they do whenever defendants fail to pay the ordered restitution).

In a Facebook message responding to City Paper’s inquiries, Ito explains that the York Road house had gone into foreclosure and he had moved out, and “there clearly had been quite a few people in and out of the property” after that, and then “out of nowhere I got arrested for animal cruelty charges.” The dead dog, he claims, “was not my dog” though the authorities “thought it was. I just took the offer of probation so there was no possibility of me doing jail time for these ridiculous charges.” He adds that “this has been quite an ordeal and I just really don’t want to be pictured as this animal killer after all this.” In a follow-up phone conversation, Ito adds that “my dog Rudy is still alive.”

The case against Ito is one of 28 criminal matters City Paper reviewed in order to get a grasp of how people in Baltimore are getting caught and penalized for abusing animals. Detailed in sworn statements contained in the court files, they run the gamut from a man who left a dog locked in a hot car, to a woman who threw a kitten against a wall, to dogfighting.

The 28 cases show that animal abuse is a big tent of bad conduct by all sorts of regular citizens, not just violent drug dealers driven by greed and bloodlust to hold high-dollar dogfighting events, as in a massive dogfighting indictment filed in December. They also show that law enforcers are going after all manner of animal abuse, and taking the crimes seriously.

As recently as April 2013, the city’s animal-abuse enforcement effort was lambasted in a report of the Mayor’s Anti-Animal Abuse Advisory Commission (MAAAC), which City Hall tried to suppress. The report found “many law enforcement officials in Baltimore continue to treat animal abuse as a minor property crime,” yet predicted that “2013 promises to be a better year.”

If 2013 brought improvements on the abuse-fighting front, 2014 appears to have brought even more. City Paper asked to interview police and prosecutors about their efforts to combat animal abuse, and Tammy Brown, spokeswoman for the Baltimore City State’s Attorney’s Office, said only “we work very closely with Animal Control to investigate and prosecute animal cruelty cases when they are merited,” though her office did provide defendants’ names and court-case numbers for some of its 2014 prosecutions.

A request to interview Sharon Miller, director of Baltimore City’s Office of Animal Control, about her encounters with animal abuse in the field, and how enforcement has changed or improved over time, was met with a prepared statement.

Each year, Animal Control’s statement says, it receives “approximately 5,000 calls [that] are classified as Animal In Danger,” such as “dogs inhumanely chained in rear yard, injured animals, animals that appear malnourished, etc.” The “office responds and investigates each call” and also “works closely with” police and prosecutors “in investigating suspected cases of neglect and abuse,” a “collaborative relationship” that “has led to an aggressive investigative approach which has resulted in an increase in felony arrests and prosecutions.” That last point is backed up by the number of animal-abuse arrests processed at Baltimore Central Booking and Intake Center (BCBIC), which went from 17 in 2013 to 24 in 2014.

BARCS’ Executive Director Jennifer Brause says “animal abuse is taken more seriously now,” with “more enforcement, deeper investigations, and more prosecutions, and it makes you feel good because something is being done about it.” Greater enforcement spawns more citizen reports of abuse, she adds, because “now they know something is going to be done about it.”

Not among those 2014 arrests, though, were the 22 people indicted for a massive dogfighting conspiracy in December 2014—a case that is perhaps the best gauge of how seriously Baltimore law enforcers now take animal abuse.

Hundreds of dogs and huge hauls of dogfighting paraphernalia, along with guns, drugs, and cash, have been recovered as a result of the dogfighting investigation. The case is overseen not by line prosecutors, but by the elite Major Investigations Unit (MIU) of the Baltimore City State’s Attorney’s Office, an outfit best known for prosecuting gangs and handling complex wiretap investigations.

As then-State’s Attorney Gregg Bernstein pointed out when he announced the indictment, “there is a strong connection between those individuals who would subject animals to horrific treatment and abuse and those engaged in the drug trade and acts of violence.” The indictment, he continued, “hopefully will protect innocent and vulnerable animals from further abuse and reduce violent criminal activity.”

The cases City Paper reviewed also show this connection, but not always. Ito, for instance, has not otherwise faced criminal charges in Maryland, and neither have many of the other defendants. The 28 cases, though, have at least one thing in common: victims. All told, 74 dogs and five cats suffered, whether or not the perpetrator suffered consequences.

Those defendants deemed guilty, says retired city animal-abuse investigator Eric Banks, “should be kept from ever owning another animal, another pet,” he says, adding, “if you’ll abuse a dog, a pet, you’ll abuse a child. It’s the same mindset.” While the law doesn’t allow this, the effort to seek justice on abused pets’ behalf shows the city does indeed have a dog in the anti-abuse fight, and it has some teeth.

Tavon Sol was 8 years old in 1999 when since-retired Baltimore Sun features writer Carl Schoettler profiled him and his father, Tyrone Sol, in a boxing story. Tavon, “looking like a chunky spaceman in his protective headgear and midriff guard, whacks away at his dad with more enthusiasm than skill,” Schoettler wrote. “But he’s learning.”

The son apparently learned more than boxing from his dad. Fast-forward to 2011, when both were charged for guns and drugs. Eventually, prosecutors declined to pursue most of the charges, but Tavon Sol pleaded guilty to drug possession and was put on six months of probation, while 56-year-old Tyrone Sol, an already-convicted drug dealer and burglar, pleaded guilty to animal cruelty and was given a two-month sentence in October 2013.

A month after his father was sentenced, Tavon Sol rolled up to his home at 545 N. Fulton Ave. to find the police raiding the place. After advising him of his rights, the officers took his statement: “he had three guns and marijuana in his basement bedroom” and “all the pit bulls at the location was [sic] owned by him,” whether “dead or alive.”

In the house, in addition to guns, drugs, cash, and “various dog fighting paraphernalia,” were seven pit bulls in the basement, three pit bulls “chained to the rear fence line outside,” and a “deceased pit bull in a cage on the rear deck outside the kitchen door.”

Come Jan. 19, the only remaining charges remaining against Sol involved the guns and drugs, as prosecutors dropped the 12 animal-cruelty and dogfighting-related charges against him. Those, it turns out, were rolled into the MIU’s dogfighting-conspiracy case.

The indictment describes in greater detail the fruits of the November 2013 raid on Sol’s house: In addition to the 11 dogs, there were “materials, devices, and instruments used to facilitate the breeding, training, and fighting of dogs (e.g., a treadmill, conditioning harnesses, breaking sticks, wound treatment, dietary supplements, etc.),” and “one of the pitbull puppies was deceased due to starvation.”

Thus, Sol is no longer on the hook for just the animal-abuse crimes apparent in the November 2013 raid on his house, but of the crimes of the whole 22-member conspiracy, which is alleged to have spanned from April 2013 to when it was indicted in December. The grand jury claims he’s part of what the indictment calls “a closely-knit clandestine community” that used “disturbing conditioning methods designed to make dogs more aggressive, vicious, and lethal.” This was done to “increase the chances of prevailing in dogfights—and to maximize the corresponding profits from gambling on matches,” where “the total purse” can be “$100,000 and higher, with individual cash bets of $25,000,” or “even greater at larger events.”

Of the 22 defendants, eight have prior convictions for violence, five for handguns, two for sex offenses, and one for murder. Earlier in 2014, some of Sol’s co-defendants, including the father-and-son team of William Murray Jr. and William Murray III and Tyrone Wolfe, already had already appeared in court documents for suspicions of dogfighting, as had a man, William Paige, who’s mentioned though not charged in the MIU indictment.

As Baltimore Police Department (BPD) officers were preparing to raid Murray III’s home at 2801 Oswego Ave. in Park Heights in April 2014, the 27-year-old emerged from the house, got into a white Ford Crown Victoria, and drove off. The officers stopped and arrested him for not having a valid driver’s license. Thus, Murray III wasn’t present for the raid on his house, but his girlfriend, Victoria Burnham, and an infant were.

The raid turned up drugs, a gun, and “5 pit bull type dogs within cages” in the basement. One of the dogs “was severely injured” and the other four “were injured with scarring and swelling,” while one was wearing a “weighted collar.” Among the wide array of dogfighting paraphernalia found were a “weight pulling harness,” a “weight pulling sled,” a “scale used for weigh in for dog fight,” and “conditioning videos.”

The police then went to the Murrays’ used-car dealership, around the corner at 4026 Reisterstown Road, where 48-year-old Murray Jr. was there to let them in. More dogfighting paraphernalia was recovered, including veterinary-care medicine, dietary supplements, and “various animal fighting documents.”

Burnham and Murray III were arrested and charged for drug- and dogfighting-related offenses, and Murray Jr., who was entrusted with the infant, was not arrested. The case against Burnham dwindled to a minor pot charge. Murray III’s case continued until Jan. 15, when prosecutors declined to pursue the charges, which by then had been rolled into MIU’s dogfighting indictment.

Then, on Jan. 12, Murray Jr. and his wife, Barbara Murray, were also indicted in Baltimore County in a separate dogfighting conspiracy, which also includes animal-cruelty counts for failing to provide “proper drink” to several horses. Murray Jr., who owns the Southwest Baltimore arabber stables on Carlton Street that were raided on Jan. 13 over concerns about the care provided to the horses there, also faces numerous firearms-related counts in the Baltimore County conspiracy, including for possessing guns when he’s prohibited from doing so given his prior felony record.

Wolfe, meanwhile, made a blip on the anti-dogfighting enforcers’ radar on June 18, 2014, when animal-control director Miller and BPD officers came to his house at 3922 W. Garrison Ave. with a warrant to check on “the health and welfare and licensing” of animals there. Once inside, they found 41-year-old Wolfe, Ebony Goins, and three children.

“We smoke weed, and that’s it,” Wolfe told the officers, adding “there is an old gun in the basement.” Also in the basement, Miller observed, were “a make shift box with carpet on the floor which had blood stains,” while three pit bulls were in the backyard, one of which had “bite wounds/scarring” and another had “a long split of the tongue.” A “weight pulling harness” and a “treadmill” were also found, “an indication of conditioning a dog for a fight.”

The charges against Wolfe, who was previously convicted of assault with intent to murder and handgun violations, remain pending in Baltimore City Circuit Court.

Paige can count himself lucky not to be charged in MIU’s case, since his name appears in the indictment, along with the circumstances found at the 58-year-old’s house in January 2014. That’s when, similar to what happened to Wolfe, Baltimore authorities came knocking at his Sandtown-Winchester house at 1118 N. Carrollton Ave. with a warrant to check on the welfare of animals there.

In addition to guns and drugs, six pit bulls were found in the backyard, “housed in 50 gallon plastic drum barrels” and “chained with heavy chains” in frigid, 14-degree weather. Several bore scars “on the face, chest, and legs,” suggesting they “have been fought.” In October 2014, the Sandtown-Winchester resident was sentenced to three years in prison for having fight-trained dogs and five years for being a felon in possession of a firearm, in light of his 1985 attempted-murder conviction. Thus, Paige’s penalties had already been meted out before the indictment came down.

While the dogfighting scene appears to be populated with nefarious characters with shady backgrounds and criminal proclivities, numerous people with clean or nearly pristine criminal backgrounds have been snared for animal abuse in Baltimore. At times, their culpability was established after they engaged Baltimore’s animal-welfare apparatus upon their pet’s sickness or death.

Take 47-year-old Northeast Baltimore resident Tonya McCoy. In January 2014, she surrendered the body of her dead brown-and-white pit bull to BARCS. An employee there was “concerned about the condition” of the dog, and so contacted an AEO, who inspected the dog and found it “emaciated and dehydrated.”

When interviewed, McCoy explained that the dog “became sick two weeks ago,” and took it to the vet, but “the line was too long and the dog died before making it to the shelter, about 30-40 minutes earlier.” But the dog “was cold to the touch,” its left side “had begun to flatten” as if it “had been on its side for an extended period, . . . yellow liquid was draining from the dog’s nose and mouth,” and its body temperature “did not register on the thermometer.”

A necropsy concluded the dog “suffered from serious neglect” and “lack of proper nutrition” for “weeks/months.” It had an inflamed abdominal wall, a “very painful condition” that would have rendered it “visibly sick and in pain.” McCoy was found guilty of one count of animal cruelty, for which she received one year of unsupervised probation before judgment.

Andrea Eaton, a 48-year-old Northeast Baltimore resident, adopted a dog named Sput Lee from BARCS in January 2013, but it was in poor condition when her brother brought the dog back to BARCS in February 2014. Eaton admitted she “never found out why the dog was losing weight and did nothing more until the time of surrender” by her brother. Under BARCS care, the dog regained weight, adding 13 pounds in six days. Eaton was given 18 months of supervised probation and ordered to pay $496.55 in restitution to BARCS, which she has not yet paid.

The case of 33-year-old Torrelee Lane, who called the Maryland Society for the Prevention of Cruelty to Animals (MDSPCA) in June 2014 to say “her dog had been hit by a car about two months ago” and was “chewing at the foot,” shows the lengths to which animal-welfare investigators sometimes have to go.

After prompting from MDSPCA, Lane arrived there hours later with the dog, identified as “T.K.,” whose foot was wrapped up with a towel, electrical tape, and a plastic bag. Amputation was required, because  T.K.’s “entire foot and part of the bone was missing,” and that the dog had “severed” bones.

Lane had mentioned she had other dogs, so an extensive probe ensued, overcoming Lane’s efforts to thwart it. Ultimately, authorities came to her home with a warrant and found three pit bulls, including a “thin and unresponsive” puppy that had parvovirus, a highly contagious and life-threatening disease. All three were euthanized. Lane was put on one year of supervised probation, and had to pay $57.50 in court costs.

In other cases, people called authorities to have their unwanted, sick dogs picked up, and AEOs responded to discover neglected animals. One of them, 40-year-old Ellwood Park resident Gregory Williams, told an AEO his Rottweiler, who was “extremely emaciated,” had “eaten a rat” and “had been in the same condition for about a month.” Turned out, the dog had a condition requiring a special diet, and gained seven pounds with proper care. Williams got one year of supervised probation for animal cruelty and was ordered to pay $294 in restitution to BARCS, which he has yet to pay.

Another man, 44-year-old West Baltimore resident Louis Raymond Jefferson, called to have Animal Control pick up his Rottweiler, Bo, and the responding AEOs found “a very thin” dog “lying on a urine soaked sheet” in 28-degree weather. Jefferson said Bo “had been sick for about a month” without “any veterinary care.” BARCS found Bo to be “in horrible condition, emaciated, dirty, unable to walk, with pressure sores, and extremely swollen/enlarged joints,” and after the dog was euthanized, it was determined that Bo was “an old dog with numerous problems such as failing organs and parasitism.” Jefferson got six months of unsupervised probation.

One of the dogs seized in the December bust of a Baltimore-based dogfighting ring (WBAL)

Calls from tipsters spawned many of the 2014 animal-abuse cases City Paper reviewed, and responding AEOs turned up some heart-breaking cases of abuse.

A tip about two underweight dogs “left out in the cold” brought AEOs to 934 N. Rosedale St. in West Baltimore in January 2014. They found a pit bull on a short chain lying on a blanket outside of an “igloo dog house” in 4-degree weather, and a white dog “dead on arrival and frozen to the bottom of the doghouse.” A 48-year-old woman, Bridget Jones, “came to the door” and claimed ownership of the dogs. She got a 90-day sentence (with 86 days suspended) and probation for one year, and was ordered to pay $150 in restitution to BARCS, which she hasn’t yet paid. Since the animal-cruelty charges were filed, Jones has been found guilty of theft and, in yet another case, charged with first-degree assault and use of deadly weapon with intent to injure.

In February 2014, BPD officers and AEOs went to 2818 Ellicott Drive in West Baltimore, responding to “an anonymous call that a dog had been abandoned in the rear yard,” which is exactly what they found. Neighbors confirmed that it had been “left outside, tied to a pole in the cold” for “over a month,” and the police noted it “had severe scars on his legs and nose.”a year of supervised probation and ordered to pay $500 in restitution to BARCS, which she has not yet paid.

“The owner of the home,” 50-year-old Carolyn Simmons, walked up to the scene, bearing “the strong pungent odor of marijuana on her person.” When told of her impending arrest on animal-cruelty charges and the apparent smell of pot, Simmons announced, “I got some bud in my bra underneath my breast on the left side.” Simmons was given a year of supervised probation and ordered to pay $500 in restitution to BARCS, which she has not yet paid.

In July 2014, AEOs and BPD officers were directed to an apartment in the 3800 block of Rogers Avenue by a tip about a “deceased dog,” and came upon a disturbing scene. In the garage was a live dog that was “being stung by bees which were on a hive near the dog,” which was “tied to a crate without water or food.” Also in the garage was a dead pit bull “still tied to a electric [sic] outlet on the wall” and “already in an accelerated state of decay.” Charges were brought against a man named Maurice White, but prosecutors dropped the case on Jan. 13.

In November 2014, someone called in a complaint for “four dogs being kept in a 4×6 area in the rear of” 4451 Eldone Road, and AEOs arrived to find three dogs “confined in a fenced in area on the patio.” Dante Blake was there, and the 42-year-old explained that the two female dogs “were kept in crates to keep them from fighting” and that they’d fought two weeks earlier, adding that “he felt he could properly treat the injuries” himself “because of his career in the medical field.” All three were “visibly malnourished,” and one of them had “many wounds on her face,” another “had open wounds on her front legs and swollen muzzle,” and the third had “scarring on his legs and a wound on his chin.” Blake got one year of supervised probation and was ordered to pay $57.50 in court costs.

Two cases involving cats resulted from tips—including one that “a cat had been thrown against a wall and was possibly dead” in the Curtis Bay home of 38-year-old Elizabeth Gauthier. When an AEO arrived on July 8, 2014, Gauthier explained her kitten died when it “stopped breathing,” and that “her boyfriend had buried it somewhere outside,” though she didn’t know where. Animal Control director Miller got on the phone with Gauthier, who then admitted she had thrown “the kitten against the wall because the kitten scratched her,” and its body was in a plastic bag in the basement. A necropsy determined a concussion and brain trauma caused the kitten’s death. Gauthier got three years of supervised probation, and was ordered to pay $165 in court costs.

Similarly, in June 2014 someone reported that “a cat had been thrown from a window” at 4322 Reisterstown Road in Park Heights. Responding AEOs met with Philip Hanna, who explained that he’d heard his brother, 50-year-old Steven Hanna, earlier that day exclaim, “throw that mother fucker out the window.” A witness, Montre Jordan, confirmed what had happened and said the cat “almost died,” though it was found on the deck below “in shock but not significantly injured.” Steven Hanna got a 90-day suspended sentence and six months of probation.

A tipster’s call to police—and steps taken prior to their arrival—may have saved a dog’s life on June 30, 2014. Baltimore real-estate investor Thomas Karle Jr. called in the situation: a dog locked “inside a black GMC Denali with the windows up for over three hours” across from Baltimore City Hall. While waiting for the police to arrive, Karle and others noticed the dog “was in serious distress and on the verge of passing out,” so Karle “forcibly pulled the window of the car down and extracted the dog,” who “could barely move and was heavily panting,” so Karle and others “washed him down in water and gave him water to drink.”

When the police arrived, “the dog seemed to be in stable condition,” but “there was no sign of water or food” in the Denali. Its owner, 22-year-old Danael Tesfaye, “then came out to see what was going on,” and said “he did not know you couldn’t leave a dog in the car and admitted he owned the dog for two days.”

The dog went to BARCS, and Tesfaye, who has no prior criminal record, was arrested on four counts of cruelty. He was freed the same day on $50,000 bail. In September, he received six months of unsupervised probation and a $250 fine, and had to pay $57.50 in courts costs. When he failed to pay the fine, a warrant was issued and he was again arrested on Dec. 8, then released on his own recognizance.

Perhaps the most compelling animal-abuse case City Paper reviewed was one involving a 13-year-old boy who arrived on July 18 at BPD’s Southwest District station and announced that his mom and stepdad were trying to kill his pit bull. It joins together themes that the MAAAC report pointed out: the correlation of animal abuse with other kinds of violence and abuse.

The boy explained that he’d had an argument with his mother, 34-year-old Lynette Reed, who’d ordered his stepfather, 28-year-old Kevin Harris, to “take that bitch in the woods and kill it,” after which the boy had watched Harris walking his pit bull toward the woods along the 2700 block of Frederick Avenue, announcing that “I’m going to hang him from a tree and kill him!”

The police looked for the dog, but couldn’t find it, so they went to the boy’s home and encountered a “very hostile” Reed, who said of her son: “Get that bitch away from my house! That bitch isn’t coming inside my house! He’s not going to be shit just like his daddy wasn’t shit!”

When officers advised Reed that the youngster could not legally be refused access to the home, Reed threatened him. “If he comes back in here,” she said, “I’m locking him in the basement! He’s not getting any food or water unless I want him to have it. And when I’m ready for him to have something, he’ll only get bread and water. And he’s not getting a bed, he’ll sleep on the basement floor! I’ll show him what it feels like to be on lock down!”

The police tried to explain to Reed the procedures for handling her desire to no longer have her son live in her house, and she yelled back at them: “If you don’t take him, I got something for that! I’m unplugging his box!” Reed proceeded to unplug her son’s home-detention monitor, “in an attempt to violate his probation and get him arrested.”

The boy then asked his mother, “What did you do with my dog?” She yelled back, “I took the bitch in the woods and left him there!” and “I told you if you didn’t get it out of my house, I was gonna kill him!” The police, “not feeling comfortable leaving” the boy with her, sought “proper placement” for him. They then received a citizen’s call that a pit bull was tied to a tree nearby. Upon arriving, they found it “out in the sun” and “tied to a tree using a rope, a cord, and a metal chain” with “no food or water.”

Reed, who like Harris has prior convictions for assault and theft, was arrested on five cruelty counts, but in August prosecutors declined to pursue the charges. A warrant was issued for Harris, who was arrested on Feb. 9 and held without bail pending trial, scheduled for March 10.

Another harrowing domestic scene played out in April, prompting animal-abuse charges, when 32-year-old Andrea Ashe called the police to say she believed her estranged boyfriend, Darryle Langley, had “broken into their home” in Northeast Baltimore and “was still inside.” He “had access to a firearm,” she explained, adding that she was “unsure if he had one with him.” She had “separated from Langley due to being afraid of him,” but “he still had some property inside of the residence.”

When the police entered the house, they found no one there except for “a dark grey Pit Bull standing at the bottom of the steps” in the basement “with its “tail between its legs.” When they approached, the dog “ran to the far corner of the basement, as if to be afraid.” Urine and feces were “scattered around the basement floor,” and there was a “dog crate that appeared rusty with jagged edges” and empty bowls for food and water.

The police tried to talk to Ashe about the dog, but she “seemed to be uninterested” and “would not answer” any questions. So they spoke directly: “Ma’am, that dog in your basement needs your immediate attention. You need to give him food, water, and take him with you when you leave.” Ashe “did not respond,” but “merely walked inside” the house.

Two days later, an officer returned, knocked on the screen door, and “heard the Pit Bull come up the steps from the basement and begin to scratch at the door with its paw while it wimpered [sic].” The officer entered, “believing the dog was in great pain and suffering.” Everything in the basement was it had been during the previous visit, and the dog was in bad shape. The officer “could see its rib cage” and it had “little to no energy,” so Animal Control “responded and took custody” of it.

Ashe and Langley both were charged with animal cruelty, but prosecutors declined to pursue their cases. About 10 days after Langley was arrested on the charges, he was accused of second-degree assault in the city, and later pleaded guilty, receiving a three-year suspended sentence with 18 months of probation.

About a week after the assault charges were filed, Frederick County law enforcers accused Langley of heroin distribution, and after pleading guilty he received a 20-year suspended sentence with two years of probation. That case violated his supervised release on a federal felon-in-possession-of-a-firearm conviction, so he was sent back to federal prison for seven months, and is scheduled for release in July

While routine animal-abuse cases involving neglected or abused dogs and cats, however disturbing, rarely make headlines, dogfighting, the rock star of animal-abuse crimes, is all but assured media coverage. Aside from MIU’s big case announced in December, consider the case against Johnnie Taylor of Howard Park.

It started in April 2012 as a routine drug probe prompted by suspicions that Taylor’s house “was being used to sell marijuana.” After watching apparent drug transactions, the police arrested two men, including Taylor, who told police that he lived alone at the house, but “he had several dogs inside his house and he was aspiring” to be a pet-shop owner.

As the police later arrived at Taylor’s house to raid it, his girlfriend, Tara Davis, “was standing outside” and told the officers of the dogs. “All but one” of them “were confined to a crate,” she said, and the “loose dog” was a “king corso” named “Midnight,” an “extremely aggressive” dog that “was a direct danger to anyone entering the dwelling.” So the police had Davis “enter the dwelling first,” put Midnight on a leash, and “take the dog directly to her vehicle.” They then went inside.

What they found was a bunch of pot, bullets, and “eight pit-bull dogs scattered throughout the house contained in separate cages,” living in a manner “unsuitable for any living creature.” The dogs were “kept in small cages” and were “standing in their own fecal” matter and “did not have any food or water.” Five of them “were kept in the unlit basement,” and two of them “had clear signs they had been bitten on the face and legs.” Also found was dog-training equipment, dietary supplements, and veterinary supplies, along with “a manual titled ‘Conditioning a Dog for a Fight.’”

The case prompted much media coverage, and Taylor took to YouTube after his arrest to try the case in the court of public opinion. “A lot of people probably seen me recently in the news for this dogfight ring,” he declares on the 11-minute video, “so I figure I get my own camera crew out here and tell the city and the world what’s really going on with Johnnie Taylor.

“Well, let me start off by saying I’ve never fought dogs ever in my life,” he says. “Ever since I was a little boy, I’ve always rescued animals,” and “my house is like an animal sanctuary.” He claims “people know I’m trying to open up a pet store, so why would the police say that I’m fighting dogs” when “all my dogs were healthy and friendly?” He asks viewers, “have you ever heard of a friendly fighting dog?”

Taylor will soon get a chance to defend himself in court, because a pretrial dispute was recently returned from the appellate courts in the prosecution’s favor, and a trial is scheduled to begin on Feb. 23.

In 2014, though, one dogfighting case went unnoticed. It demonstrates how this form of abuse can be a spectator sport on the open streets of Baltimore.

On the afternoon of April 13, the police went to an alley near Homewood Avenue and East 20th Street, just north of Green Mount Cemetery, “for a dog fight in progress,” and when they arrived, they heard “citizens start to yell, ‘Yo the police are coming.’” There were “approximately 20 citizens in the alley, who were spectating this event, but they began to scatter” when the police showed up.

Two men, 36-year-old Edward Dancy and 44-year-old George Jordan Jr., were separating the fighting dogs, a “brown and white pit bull terrier” and a “white bull terrier,” who were “still growling, barking, and displaying their teeth toward each other.”

Dancy, ignoring officers’ calls for him to stop, pulled the pit bull down the street, but was soon detained and hesitantly did as told, to secure the dog by chaining it to a fence. Jordan did the same, chaining the bull terrier to a light pole.

“We wasn’t fighting the dogs, his dog jumped the fence,” Dancy said initially, but then changed his story, claiming “that’s not really what happened officer. We were walking the dogs” and they got too “close to each other and started fighting.”

Both dogs had injuries, but the bull terrier’s were worse: “punctures and lacerations” to the “face, ears, front legs, rear right leg, and neck.” The pit bull had “bite wounds” on its “face, nose, and front leg.” A responding AEO declared that the scene appeared to be more than what Dancy described, since their injuries “are consistent with that of dog fighting.” The police concluded that the two men “were intentionally and maliciously fighting these dogs” with “blatant disregard for public safety” and “the lives of these animals.”

Dancy and Jordan both were charged with animal cruelty and dogfighting. Jordan, who has a 2005 drug-dealing conviction, pleaded guilty and received an 18-month suspended sentence and one year of unsupervised probation. Prosecutors declined to pursue the charges against Dancy, who has faced numerous minor charges over the years, but has never been convicted.

Banks, the retired city investigator who would like to see convicted abusers banned from owning pets, holds dogfighters in particular disdain. “People that fight dogs are displaying antisocial behavior, and they’re dangerous,” he says, adding that “they should be publicized on a website, like the sex-offender registry.”

The zeal is borne of what Banks saw during his days in the anti-abuse business. Now a security professional who has provided services to celebrities in town to film movies, Banks, a fit man with a yen for gold chains, doesn’t come across as prone to emotional displays.

Yet, when his memory is jogged about what he saw in Baltimore’s basements and backyards, his emotions run high.

Banks recalls entering the basement of house where “there was a dogfighting ring, broken down, and a bloody carpet, and they had vitamins and steroids and treadmills. They were breeding dogs for fighting.”

What really got to Banks, though, was “a bait dog in a cage, and this dog was tore up. Part of his jaw was missing, his tail was gone, his ear was bitten off. He’d fought before, his time was over, and they just used him as a bait dog,” to get fighting dogs riled up.

“The thing about it was,” Banks continues, “this was the friendliest dog you’d ever want to be around. But he was so ugly, so abused. I cried.”

The Quiet Revolution: Can Heather Mizeur Ride Maryland’s Wave of Progressive Politics to the Governor’s Office?

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By Van Smith

Published in City Paper, Jan. 15, 2014

Photo: commons.wikimedia.org

More than a quarter-century has passed since Maryland’s last truly competitive Democratic primary for governor in 1986, when Attorney General Stephen Sachs lost to Baltimore Mayor William Donald Schaefer. So this year’s polling on June 24 will be historic, simply because two statewide elected leaders – Lieutenant Governor Anthony Brown and Attorney General Doug Gansler – are on the ballot. Complicating their efforts to attract the most votes from Maryland’s roughly 2 million registered Democrats is a third bona fide candidate: 41-year-old state Del. Heather Mizeur of Montgomery County, a state legislator with sterling credentials as a Democratic Party activist.

City Paper met with Mizeur at the Starbucks on Church Circle in Annapolis to discuss her candidacy. The sit-down occurred on the first day of this year’s General Assembly session-apt timing, given Maryland’s increasingly apparent leftward leanings in recent years, passing laws to repeal the death penalty, ramp up gun control, extend marriage rights to same-sex couples, and grant in-state tuition to some undocumented immigrants.

While Brown and Gansler grapple, Mizeur’s candidacy seems to be tapping into this leftward trend by proposing to legalize and tax marijuana to pay for universal pre-K public education, to raise the minimum wage by nearly $10 per hour over the next decade, and to provide small-business tax relief while closing loopholes that let large out-of-state companies off the tax hook. The small-town Illinois native with working-class roots has toiled in the partisan vineyards since the 1990s: as a staffer for three Congressional Democrats; as domestic-policy director for then-U.S. Sen. John Kerry when he ran in the 2004 presidential election; as a Takoma Park city councilwoman; as a superdelegate to the 2008 Democratic National Convention; as a 2009 appointee to the Democratic National Committee’s executive committee; and as a veteran of seven (and counting) Maryland General Assembly sessions.

If elected, Mizeur would be many firsts for Maryland: the first woman governor, the first openly gay governor, and the first same-sex married governor. She would also be the first governor elected using the state’s public-financing mechanism for statewide campaigns, an arrangement that constrains campaign spending but opens up a funding level that might otherwise have been elusive, given the well-established money-pumping machines working for Brown and Gansler.

City Paper: The clock is ticking, with a June primary.

Heather Mizeur: It is, but we take a pause now for a 90-day legislative session with great expectations on what we can get done to make a difference in peoples’ lives. We seem to be unified in trying to increase the minimum wage, and I’m hoping we’ll also get paid sick leave and some small-business tax relief. We don’t have to have either-or economic policy. We can pay people a living wage and have paid sick leave while also providing tax relief to our small businesses as long as we close some corporate tax loopholes that are allowing a handful of multi-state companies to hide their earnings outside of the state and avoid paying any taxes. I think we’re going to be able to make some progress on marijuana policy reform and hopefully protect us from unregulated shale-gas drilling. It’s a big agenda.

CP: Does it change the dynamic, being a candidate running against the lieutenant governor and the attorney general during the session?

HM: I’m sure there’ll be some elbows thrown trying to keep people from being seen as successful. That’s not how I come at this. I come at this as a public servant. I don’t view my opponents in the campaign as my enemies. We’re all good people, trying to get good things done for the state. We just have vastly different visions for where we take Maryland. I’m definitely looking forward to being the one that helps set the agenda for what that will be starting in 2015.

CP: You strike me as the extra-establishment progressive candidate.

HM: What do you mean by that?

CP: You came up in the Democratic establishment and right now, with your candidacy, you are challenging it.

HM: Very much so, because in Maryland our next governor should not always be dictated by who’s standing next in line. The way it typically has worked in Maryland is, once a governor gets elected, insiders start looking at who appears to be next in line and funneling money and building favors and establishing deeper relationships to get in good with them. When a candidate like me looks at getting in, I’m technically supposed to look at the millions of dollars in their bank accounts or the endorsements they’ve already lined up years ago, and say, “Well, I can’t compete against that, I should never get in.” That perpetuates a system of advancing the person next in line to protect the status quo.

My campaign is about re-empowering the people so they have alternatives and choices and can come together and say, “We have a different vision. We believe in something else than what is spoon-fed to us that we’re expected to go along with.” We’re in it to win it, and we’re incredibly thrilled with the support of a robust grassroots base all across the state.

CP: This race doesn’t seem to be a coronation, though, and sometimes those coronations don’t work, like in Kathleen Kennedy Townsend’s case in 2002. You worked on Townsend’s campaign, right?

HM: I was Joe Kennedy’s legislative director, her brother, when he was in Congress. Toward the end of that campaign, he asked if I would consider going and helping his sister’s campaign out. And I was very interested for a variety of reasons in trying to help out that effort.

 

CP: The primary, a lot of people seemed to be interested-but I’m blanking on who actually ran against her.

HM: Nobody. That was the problem. [Actually, Robert Fustero ran against her, getting 20 percent of the vote.] There were a handful of people who were interested in running, but they took a look at money, endorsements, all those things, and decided not to run. I think contested primaries are good for democracy, to engage the electorate to feel ownership over the process. But even a contested primary is usually the next-in-line guys duking it out. It’s not someone like me, who’s seen as jumping the line and not waiting your turn.

I just reject the notion that these elections should be about whose turn it is. This is about the problems our state faces, how to address those problems, and an ability to capture the imagination of the electorate to come together to stand for what is the right course of action. How’s that ever going to be addressed by just looking at who thinks it’s their political birthright by virtue of, “I’ve done this job, and now it’s my turn to do that job”?

When people ask me, “Well, why don’t you run for comptroller or why didn’t you be someone’s running mate?,” I say, “Because that is me trying to set a pathway for my career, and that’s not what this is about.” This is about being in a place and time where my ideas and my willingness to address the challenges facing us are better than the competition. So I am a better candidate and I will be a better governor, and it’s time for me to step forward and give voters that option.

CP: Every state has its own nuanced political geography, but Maryland is essentially three states: the Eastern Shore, Western Maryland, and the Baltimore-Washington corridor, where most of the population lives. You seem to represent a progressive set of beliefs that is often shared by well-educated people in the Baltimore-Washington corridor. How do you address your progressive politics to those parts of the state that don’t share those ideas?

HM: I actually reject the notion that progressive values and ideas are only shared by people of a certain educational attainment or living in a certain region of the state. Progressive values come from a place of being willing to make progress on problems that have plagued us for too long and the solutions have been too risk-averse. I do believe in a one-Maryland approach to governing. I am not just campaigning in the Baltimore-Washington corridor. I think that it is convenient to try to take a progressive viewpoint and put it in the box of one region or another, but I’m finding the depth of support for the ideas that I’m discussing across the board.

Some people might disagree with me on some of the specifics I’m advancing, but they are backing my candidacy because they find it refreshing for a candidate to actually stand up and say what he or she believes. I’m taking very bold, principled stances on a range of issues, providing clear, in-depth policy proposals for the public to determine if they want to support my candidacy based on what I believe. I add a lot of pragmatism to my progressive stances.

People all across the state want to be able to earn a decent salary. Where the concern has been is, you can’t do that without hurting small businesses. Yes, I’m pushing for a living wage, and I’m bringing to the table tax relief for small businesses, but I’m also for holding corporations accountable for their fair share. That might be called a progressive priority, but it is just about fundamental fairness in expecting all of us to play by the same rules. And our failed war on drugs, the impact that marijuana prohibition has had on people’s lives, is something that is resonating in every corner of the state.

I’m not offering up campaign slogans and empty promises and things that will help us do just enough to have a bumper sticker to get reelected in four years. I’m coming in to make transformational change happen, and I’m giving a very clear road map on how I will accomplish it, and that’s exciting a base of people to be engaged and involved in a candidacy that is going all the way to win. I am finding that that spark is catching fire. I have Republicans, Greens, independents reaching out to our office about changing their voter registrations, because they have to under our current system, just to have the opportunity to vote for me because they see this as a real shift in what has been politics as usual in Annapolis.

CP: What types of positions are you finding that people respect, even if they disagree with them?

HM: I have some people say, “I don’t smoke marijuana, not sure I’m all that cracked up about the policy, a little bit worried about a stoner on every corner. But when I hear you connecting the dots to the larger negative impact these laws have on people’s lives and that they detract money from law enforcement focusing on more serious and violent crime, it starts to make sense.” And this new revenue source can go to something they do believe in-having universal pre-K for 3- and 4-year-olds, which people understand is expensive, that’s why we don’t have it. It’s not because people in Annapolis are opposed to educating our toddlers. It’s a really expensive thing to do, and no one’s been able to find an appropriate revenue source to pay for it. Changing our drug policy and dedicating that revenue to something that will lift our communities up in a really positive way will benefit everyone by eliminating the achievement gap in our schools and making sure every child enters kindergarten ready to learn.

CP: And the other candidates, are you saying they are prone to platitudes and slogans and lack clear policy proposals?

HM: I think that the style and substance of the three campaigns are very, very different, and the voters are seeing those differences very clearly.

CP: What sets you apart from Brown, for instance?

HM: I was opposed to the casino-gaming expansion as a lazy form of economic development because there are better ways to create jobs that lift our communities up, like putting people to work rebuilding our schools. He was a big backer and supporter of that approach. We have seemingly parted ways on marijuana policy. I fought against the teacher pension-shift last year because we have one policy requirement in our constitution, and it’s related to giving our children an outstanding K-through-12 public education, and we can’t do that without attracting and retaining the best qualified educators in the nation.

I just have a different set of priorities. We share a priority of giving our kids access to universal pre-K, but we differ vastly on how we would go about doing it. He would rely on low-income families losing money in casinos, and his whole plan is predicated on casino revenue hitting a certain threshold to be able to implement it. My proposal is a more stable revenue source that will guarantee that we can follow through.

 

We’ve both spent eight years in the legislature, and I’d put my record up against his or anyone else’s in this race. Past is prologue, so what have you gotten done in the job you already had? I’ve pushed through a bill that allowed young adults to stay on their families’ health plans through age 25 four years before it was rolled into national health reform. I had legislation to identify and enroll 50,000 of our eligible but uninsured children. I’ve worked across the aisle to get a family-planning expansion passed for 35,000 more women by convincing my GOP colleagues that it’s a win-win for us by lowering the abortion rate and saving the state money while improving maternal health outcomes. I did expansion of coverage for foster kids, led the charge on trying to make sure we protect ourselves against fracking in the state, and marriage equality.

As you can tell, I’m uncomfortable with the question. It is not the kind of campaign I’m running. I don’t want to win by convincing everyone that there is something wrong or ineffective about the other people in the race. I want to win by everyone realizing that I’d be a better governor. Some of the way that gets done is by drawing contrasts, and I’m probably not a great politician from that perspective. Where I come from, from a place of spirituality, doesn’t fit well with trying to make someone else look lesser in order for you to look better. I think people are resonating with the positive campaign that I am running, and the issues that I’m advancing, and I think we’ve done a better job of having a clearer road map on a range of large issues on how our administration would tackle them.

CP: Name recognition is kind of the name of the game when it comes to electoral politics. Yours is still very low.

HM: Suffice it to say that the polls that have been talked about publicly so far were out before I had a chance to make my mark on this race. We started out in July with an early theme of wanting to build and strengthen commitment to public service, and using that as an initial ground force of people. So we built playgrounds, painted schools, read to school kids, cleaned up marshlands, rebuilt homes with Habitat for Humanity in Frederick. While doing that work, we started rolling out our policy initiatives in late October. There’s been no polling done since we’ve done all the great work on our education platform, our detailed 10-point jobs- and economic-development plan, our marijuana-legalization proposal, public financing of campaigns, big environmental initiatives, principals for fixing the flawed implementation of the Affordable Care Act. We are very confident that our message is growing, our support is growing, my name recognition is growing. We’re going to have what it takes to win this election.

CP: Have you been doing any internal polling of your own?

HM: Because of our decision to become a publicly financed campaign, it is very restrictive on how much money we can raise and spend. We have had to make some unconventional decisions on where we spend our money and need to really wait to spend most of our resources on the last efforts. So we are not afforded the same luxury of being able to do consistent polling. But I do benefit from knowing of other polls that are happening around the state, and people tell me that jaws are dropping when the results are coming in, that there’s been some good movement.

CP: Equality Maryland has endorsed Brown. That must’ve been a disappointment.

HM: Of course. There is no ticket that has done more for the LGBT community than ours. Not only me, as an open LGBT member of the caucus who fought for this in a very personal way-my own marriage was at stake-but without Delman Coates [Mizuer’s running mate, who is senior pastor of Mount Ennon Baptist Church in Prince George’s County], I don’t know if that would have won the vote at the end of the day in the legislature if there hadn’t been some black clergy that came forward to say it was an important civil rights issue, that we had to separate church and state, that the church can still teach whatever it wants to teach, but we have to treat everyone equally under the law. And Delman helped lead that.

It’s a puzzling selection, but there’s a lot of politics that come into play. The supporters of these organizations anticipate the selection to be based on who they think the best governor will be, who’s been the best on their issues. But people are starting to realize that those decisions tend to more often be centered on who looks like they’re going to win. And who has that crystal ball right now, right? There’s still six months left in the campaign.

I would say this even if they had endorsed me: No community is monolithic, and no one votes based on how an organization recommends that somebody vote. At the end of the day, it is still incumbent upon the candidates to run the best campaigns to inspire and motivate people to vote for them. And I’m very confident of the level of support I have in the LGBT community in Maryland.

CP: You’ve been reaching out to voters of a diversity of ideologies, but in terms of the Maryland electorate’s progressivism, does it seem to be growing?

HM: Maryland has always been more progressive than its leadership. We saw that with the Marriage Equality Act and the Dream Act. We had to fight like the dickens to get both of those bills passed with very razor-thin margins because of the conservative prevailing ideology in the legislative bodies. Then both ballot initiatives won with strong support from the people, not just from the places where people expected it. Marriage equality didn’t just win in big urban areas. There were six jurisdictions that voted for it by majority. So I think the voters of Maryland have been incredibly progressive and have been hoping for their leadership to catch up. My candidacy is offering an opportunity to come out of the closet, if you will.

CP: What is the core problem that’s being addressed in your suite of progressive policy prescriptions?

HM: Economic justice is the biggest one. We have a growing spread of the haves and have-nots, and I think the progressive movement is not just about the people at the bottom rungs, yet that is an important voice-people in poverty who are most vulnerable need a political class fighting on their behalf. But our middle class is seemingly being eviscerated, and we’ve got to make sure that middle-class families are able to earn more and are taxed less. Under this administration, the millionaires’ tax was allowed to expire while taxes were increased on families making between $100,000 and $150,000 a year. That’s backwards from how I see the world, and my tax plan would reverse that.

 

CP: How are you going to play it in Baltimore City?

HM: We’re working on that every day, and even before I thought about running for governor, I was building relationships in Baltimore City when I walked through city schools and saw the deplorable conditions and started to work with the Baltimore Education Coalition and BUILD and the ACLU Education Reform Project on creating the strategy that became known as Transform Baltimore, to bring in the school construction revenue for the city. I wrote an op-ed with Tom Wilcox of the Baltimore Community Foundation in October of 2011 in The Baltimore Sun that carved the framework and path for the success that we got in the 2013 session.

I was very involved in fighting the administration’s plan to build a youth jail in the city. They wanted to build a 120-bed facility at a cost of $70 million, and I was among the early voices saying we have to end our focus on mass incarceration and the crib-to-prison pipeline and just always looking to build more jails for kids rather than creating affirmative opportunities for them.

In our early-childhood education plan, we have a critical component of fixing the child-care subsidies so that truly middle-class families have access to affordable child care and investments in after-school initiatives and summer programs for our kids. Those are the biggest investments of anything we’ve proposed in this race. They are very big, comprehensive plans that I’ve been talking about how to pay for, but it’s about setting priorities and those are my priorities.

There is no candidate from the city, and I think we’re all working to establish a presence and a base of support. And we will have a robust “Baltimore for Mizeur-Coates” organization that helps us with all of our house parties and community events. I think some of the earned media that we’ve been able to generate in the Baltimore market on our policy ideas has helped. We’re having these conversations directly with the people, and I’m very pleased with the growing support. We’ve got more time left in this campaign than what we’ve already invested in it, to keep up the momentum.

CP: The biggest potential for gaining success in Baltimore City is boosting participation, because turnout is typically so low.

HM: We’re looking at probably less than 500,000 people who turn out for this primary election, statewide. Sad but true.

CP: How do you solve that problem?

HM: By getting people energized and motivated and believing in politics again, that it’s not a dirty profession, that it’s not politicians trading favors with their best corporate sponsors and special-interest pals. That’s part of the reason we made the decision to do public campaign financing. We knew we’d have enough to compete and win under the rules, but it was as important to reestablish trust with the electorate and restore integrity in the process. You don’t have to become part of the problem to win, you don’t have to play by the same rules that have turned everybody off. You can do it differently, build trust with the voters, and have them engage in the process again.

Not only will that be part of our campaign’s theme, but it will be how we govern after we win, showing what can happen when engaged communities come together to awaken our higher selves. We all have dreams. We all have things we believe in. We all have a vision for the kind of community that we want to live in together. Somewhere along the line we stopped talking about that, stopped sharing those dreams, because we stopped believing in each other and our ability to make it happen. We’re going to prove in this campaign that that’s possible again.

Stronger Than Strong: In a Showdown Over Landfill Problems, Public Works Director Prevails Over Mayor’s Friend

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By Van Smith

Published in City Paper, Dec. 6, 1995

The November dismissal of Ken Strong as the city’s top garbageman is a tale of alleged government mismanagement, mixed political loyalties, and the frailty of personal friendship in the upper reaches of power. This personnel move, carried out by Department of Public Works (DPW) director George Balog with the approval of Strong’s childhood friend, Mayor Kurt Schmoke, provides a telling glimpse into the netherworld of city politics.

Balog’s official explanation for removing Strong as head of the Bureau of Solid Waste (BSW) was that he needed someone with a more technical background and greater field-operations experience. Strong, who has been widely praised for his innovation and efficiency during his one and a half years as BSW head, believes instead that his demise has more to do with his recent questioning of DPW’s handling of problems at the Quarantine Road Sanitary Landfill. Strong also asserts that “Balog wanted to get rid of me long before” the landfill dispute, perhaps because the DPW director wanted “to protect himself from my finding out how he operates.”

Surrounding these conflicting interpretations of the event is a larger conflict about what happens in mayoral politics when personal loyalty is pitted against professional power. Strong and Schmoke have been friend since both joined the Lancers boys’ club as teenagers.

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Strong has coordinated volunteers for all of Schmoke’s campaigns and served in the state’s attorney’s office and on the Planning Commission before moving to BSW. Most recently, he mobilized BSW forces to clean the city during an election year, an accomplishment recognized by mayoral spokesperson Clinton Coleman in the days following Strong’s dismissal. “I would say that having a cleaner city certainly helps [the mayor with re-election]. And we are in fact a cleaner city,” Coleman said.

George Balog is the director of the city’s largest department, overseeing some 6,000 city workers and hundreds of millions of dollars in city contracts. As a member of the Board of Estimates, he has one of five votes in approving the way the city spends most of its money. His power and influence in city matters – and his ability to attract contributions to fund re-election campaigns – are vital cogs in Schmoke’s political machine. Thus, when Balog decided it was time to move Strong out of BSW, the mayor quickly conceded, despite the merits of Strong’s record and his concerns about the landfill. Strong, for his part, is considering a lawsuit charging that his firing violated the state’s whistleblower statute.

On November 16, prompted by a reporter’s questions about a possible link between Strong’s dismissal and alleged problems at the landfill, Balog convened a press briefing in his conference room. During the two and a half hours that followed, Balog made his case. On hand to aid in the effort were DPW staff attorney Deborah Skupien, several other department officials, DPW spokesperson Vanessa Pyatt, and a consultant expert in landfill design.

At issue is the landfill leachate pond, where contaminated water that has percolated through the 25-acre clay-lined landfill is collected before being pumped into tankers and shipped to Patapsco River Wastewater Treatment Plant.

The pond, which is lined with clay and asphalt, has been out of commission since July 1994, when a 13-ton front-end loader was used to help remove sediment that had built up on the pond bed since its construction in 1984. According to DPW memos, the weight of the loader cracked the pond and created a need for extensive repairs. In August 1995, repairs were finally completed by a contractor, L.F. Mahoney. Strong, BSW engineers, and state officials have since expressed concerns about the repairs and DPW’s oversight of the contractor’s work.

The crux of Balog’s argument, though, is that Strong, far from having legitimate concerns about repairs to the landfill leachate pond, is himself to blame for the problems there. In Balog’s eyes, Strong, by virtue of being BSW head at the time, is not only responsible for the 1994 cracking of the pond bed but also for failing to bring the pond back into service immediately after the August 1995 repairs. Balog says that failure will cost the city $41,000. Mahoney’s bid for repairing the pond was $23,030.

In Strong’s opinion, Mahoney “treated our leachate pond like a pothole”; he believes payment to the contractor should be withheld until the repairs are done properly. In addition, Strong and others are concerned about unrepaired damage to the flume, through which leachate empties into the pond. The flume has been plugged for more than a year as the pond has awaited repairs, but warm, odorous liquid has been leaking from cracks and holes surrounding it.

As for Balog’s steadfast contention that the contractor’s work was good, Strong says, “I don’t believe he’s interested in the truth of what’s happening [at the leachate pond]. I believe he’s interested in protecting himself and his staff and his contractors” from being held responsible for the pond’s problems.

“It doesn’t seem to me that he is working assertively to solve the problem,” Strong continues. “He is working very aggressively to assign blame.”

In late October, Strong brought his concerns about the pond to Edward Dexter, chief of field operations for the Maryland Department of the Environment’s sold-waste program. On November 7, Dexter submitted a formal letter to DPW requesting detailed information to document that the repairs were adequate. As of December 5, he was still awaiting a response.

Early in the morning on Sunday, November 18, after word of the problems at the leachate pond had started to spread throughout city government, City Council members Martin O’Malley (D-3rd District) and John Cain (D-1st District) led a fact-finding mission to the landfill. Joining the legislators were two environmental activists, Terry Harris of the Sierra Club and Dan Jerrems of the Baltimore Recycling Coaltion and the Baltimore Parks Coalition. The legislators inspected the pond, concentrating on the damage around the flume, and declared their intent to scrutinize the matter, further, possibly through a formal council investigation.

Schmoke’s position on the issue of the leachate pond has evolved somewhat. On November 19, he said, “I accept Mr. Balog’s explanation, pointing out that “I’ve seen memoranda back and forth about it and I think Mr. Balog has adequately described the problem and is dealing with it.” Ten days later, he reserved judgment: “Without having firsthand experience or being an expert on environmental matters, for me to reach a conclusion based on the memoranda themselves is certainly difficult, so I have asked the law department to look into the matter and provide me with their analysis of it.” Leslie Winner, a contracts specialist in the city solicitor’s office, has been assigned the case.

Balog maintains that he did not remove Strong as BSW head as a result of his adamant stance and crusade of memos about the pond repairs. Rather, Balog credits Schmoke with the inspiration for moving Strong out of the position.

“I met with the mayor and the mayor, in this term, he wants to emphasize doing things,” Balog says. “He said, ‘We’ve been doing planning and all, and I want all the emphasis to be put on doing things.’ So I have Ken Strong at solid waste. His background is in English and he’s like an environmentalist. He’s been involved in communities and stuff like that. … And I look around my department, I got a guy named Leonard Addison. He’s been with the department 25 years. A civil engineer, terrific field man … so that’s when I said to the mayor, ‘Look, I got somebody that I think’s really good and I think we should give him a chance of being a focal point with the hottest bureau and see what he can do.’ And that’s how it happened.”

Schmoke says he doesn’t recall such a conversation with Balog, but says he approves of Strong’s dismissal. On November 20, Strong met with Schmoke to discuss the situation, which both say has been a strain on their 31-year friendship.

“It has been a difficult experience,” Schmoke says. “It’s somewhat awkward anyway to be in an employer-employee relationship with somebody that you’ve been friends with for quite a long time.” The mayor adds that the episode hasn’t “irreparably damaged” his friendship with Strong “becauswe we’ve had some very frank conversations about this situation, and he understands that I have supported a lot of the work that he has done.”

Schmoke, who points out that Strong declined an offer of a civil-service position at DPW, has agreed to be a reference for Strong as he looks for new employment. “I identify [Strong] as a person with a real concern for community,” Schmoke remarks. “He’s a person that things that what happens in neighborhoods in this city is very important, that we ought to pay attention to people’s concerns neighborhood by neighborhood. He looks at both the big picture and the small blocks and has a great deal of concern about both.”

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Schmoke’s high regard for Strong, along with Strong’s publicly recognized record of service for the mayor, has led many observers to wonder why the mayor would so easily defer to Balog in moving Strong out of city government. O’Malley, for one, sees the situation as “one big power struggle.” Cain sees it as “city politics in microcosm, a metaphor of the way things really are.” Both believe Strong’s dismissal got the nod from the mayor because Balog has a significant edge over Strong in terms of raw power in city government.

Although Strong mobilizes get-out-the-vote forces for Schmoke – a valuable contribution to the reelection process – his role was not powerful enough to help him prevail in a showdown with Balog, a critical rainmaker during the campaign season. O’Malley suggests further that Strong, whose support among community leaders is well known, presented a direct threat to Balog’s authority. “Maybe Ken was the heir apparent, moving up to be DPW director,” the council member contends.

There are no indication that Strong was in line to replace Balog as DPW director. Balog says he has never felt threatened by Strong’s special relationship with the mayor and long history of community involvement.

Records of campaign contributions show that DPW contractors and empoyees gave large amounts to the Schmoke reelection drive. Thirteen DPW contractors who were mentioned by Balog in interviews about the leachate pond or who made bids to repair the pond collectively have given $42,965 to the Schmoke campaign committee since July 1994. (According to the integrated financial report of the city, these 13 contractors got more than $16 million worth of business from the city in the first 11 months of the 1995 fiscal year.) A group of 24 DPW employees and five of their family members, identified in the campaign records by matching their names with the city telephone directory, has given $9,150 since August 1994. These amounts are just a small part of the total DPW-related fund-raising picture, which includes a large community of contractors and a potential giving pool of about 6,000 employees.

“I seriously doubt that these contractors contribute to incumbent mayors because of their political philosophy,” O’Malley contends. “They contribute because they receive contracts, and no person in city government has greater knowledge of that process than Mr. Balog.”

Asked about his role as a major impetus for political giving, Balog says, “I never asked anybody to give any money, if that is what you are asking. I’ll take a lie-detector test on that.”

Strong was extremely surprised by the large amount Schmoke raised from the 13 contractors related to the leachate pond. But he makes no specific allegations of Balog pressuring contractors and employees to give to the Schmoke campaign, noting, “It’s more by rumor and reputation that [Balog] brings money into the campaign.”

While Strong says he is dismayed by the role money plays in politics generally – “The outcomes of it are pretty well documented,” he says – he contends that the overarching theme of Balog’s leadership is not his role as a political fund-raiser, but “the ways in which he is working to maintain his own power rather than serving the interests of the city.” By way of illustration, Strong says he was “infuriated” when, during the inauguration of the Clean Sweep program (which targets specific areas of the city for regularly scheduled, intensive cleanups), Balog made a casual reference to a “Dirty Dozen” of the city most in need of the program. The Dirty Dozen idea was not a preplanned part of the press conference, so Strong says “we had to create that on the spot.” Strong, who had been heavily involved in planning Clean Sweep, concluded that Balog “was jealous of this program, so in the last minute he comes up with this oddball aspect, the Dirty Dozen, which was what the paper ended up writing about.”

Confirming reports from DPW staff who did not want to be quoted for this story, Strong says Balot’s ongoing reorganization of the department has many managers on edge, worried about their job security as successive waves of changes come down the chain of command. Balog states he’s been reorganizing the department for “several years,” while Schmoke says he’s satisfied that, in so doing, Balog’s building a better DPW.

But one manager says, “I don’t know why there’s all these changes being made. My hope is that it is to improve the department, but I’m not so sure that’s the case – not so sure at all.” Strong, who on December 3 attended a surprise birthday party held for him by many of his former DPW underlings, says he came away from the gathering feeling that “people seem to be under growing pressure back at the department,” in part because “every time you turn around there’s another reorganization.”

Strong recalls a moment early in his DPW career that to him defines the culture that Balog is breeding at the department. Balog denies the conversation ever took place, but Strong insists that it occurred during one of his first meetings with the director, in 1991. Strong had just made the jump from the state’s attorney’s office to DPW. “[Balog] said, ‘One of the problems with people like you who come over from the state’s attorney’s office is that you think in terms of right and wrong. We don’t do that here. We just get things done.’ To me,” Strong concludes, “that just explains a lot about how he operates the department.”

Strong is consulting with an attorney to assess his chances of proving in court that he was dismissed in retribution for his stance on the pond-repair problems; in the meantime, he vows to press on in publicizing his concerns about the landfill. At the December 6 Board of Estimates meeting, for example, he plans to protest the proposed approval of the $41,000 expenditure to complete the pond repairs. And he says he will cooperate fully with the proposed City Council review of the situation.

“I think this story provides some important lessons to be learned about how government operates and how it should operate,” Strong says. “I will support whatever will open it up to some deeper analysis.”

 

Cop Out: In Rousting Officer Jacqueline Folio, The Baltimore Police Department Has Raised Questions About its Own Internal Affairs

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By Van Smith

Published in City Paper, Apr. 6, 2005

At 6:08 p.m. on Thursday, March 27, 2003, an anonymous tipster calls Baltimore City 911 and describes a black man wearing a blue baseball cap, a white shirt, and blue jeans, dealing drugs at the corner of Pratt Street and Ellwood Avenue in East Baltimore. The stash, the caller says, is in a brown paper bag in some bushes next to a corner house there. Three minutes later, 41-year-old Baltimore City Police patrol officer Jacqueline Folio is the first to respond to the scene, where Patterson Park butts up to Highlandtown Middle School.

A 14-year veteran with two stints as a police academy instructor under her belt, Folio makes fleeting eye contact with a young man who fits the description, as he walks away from the area with two friends. Folio radios in the suspect’s location and proceeds to recover a brown paper bag from under the bushes. It contains money and suspected cocaine in baggies. A block away, on the opposite side of the school, other officers collar the suspect, 18-year-old Leon Burgess. A half-hour after the phone call, Burgess is on his way to Central Booking. Folio completes the paperwork, charging Burgess with possession with intent to distribute cocaine, then submits the evidence to headquarters at 9 p.m.

By all appearances, it’s a routine drug arrest, done with speed and efficiency, wrapped up neatly and ready for the courts in a matter of hours. But by midnight, it’s Folio, not Burgess, who’s in hot water. Two years later, she still is, because the whole incident was a setup, a police integrity sting designed and conducted by the BPD’s Internal Affairs Division to see if a cop fails to turn in abandoned drugs and money.

Folio properly submitted the contraband, but in her sworn statement charging Burgess with the crime, she seemed to state that she’d seen Burgess place the bag in the bushes. “Prior to the call being received by Agent Folio, the officer was patrolling that particular area and observed three B/M’s at the intersection of E. Pratt St. and S. Ellwood Ave.,” Folio wrote in her statement of probable cause to charge Burgess. “Agent Folio observed one of the B/M’s described as wearing a dark colored baseball cap, white T-shirt, and jean shorts place an object onto the ground behind a bush located against the NW wall of that corner. This individual is further identified as the def. Burgess.”

On March 28, 2003, Folio learned she was in trouble, and was immediately suspended. Although she had no obligation to do so, she wanted to give a statement about the incident because she believed she could convince investigators—or even a grand jury, if it came to that—that she was innocent. She got that opportunity on June 6, 2003, when she waived her rights under the Law Enforcement Officers Bill of Rights and provided a voluntary statement to Internal Affairs. The department wasn’t convinced; a week later, on June 12, the Baltimore City State’s Attorney’s Office indicted her criminally for perjury and misconduct, saying she’d purposefully lied under oath in order to maliciously pin false charges on Burgess.

The Folio indictment appeared to confirm a bad-cop stereotype—the aggressive enforcer who works poor, black neighborhoods and already has a good idea who’s guilty and who’s not, making it easy to pin false charges on a passer-by and rationalize it as removing trouble from the street before it actually happens. It’s offensive, it’s unconstitutional, it’s criminal, and it’s happened before. And Folio’s sworn statement of charges is what it is: Her statement reads that she saw Burgess “place” the stash behind the bush. In order to convict her, the state’s attorney was going to have to prove criminal intent—that Folio did it on purpose.

In December 2003, Folio was acquitted of the criminal charges by Baltimore City Circuit Court Judge Lynn Stewart, who didn’t explain her verdict but apparently bought Folio’s apologetic explanation. Folio testified that the allegedly false statement in Burgess’ charging documents was not intentional and malicious, as the prosecution argued, but the result of vagueness due to a run-on sentence.

“I know what happened that day was clearly in good faith on my part,” Folio said on the stand. “When I say ‘observed’ in my probable cause statement, I was trying to say that I observed the individual who was described by the caller. And when I use the word ‘describe,’ that was based upon the information I received from the caller—that this person, in fact, did fit the description that was given out.”

At the criminal trial, Folio’s long record of complaint-free service, her stints as an academy instructor (she estimates that 90 percent of the current force trained under her), and a stack of letters praising her character and professionalism all served to paint a picture of an officer beyond reproach. But the question of her guilt or innocence apparently remained open from the department’s point of view. Though Folio was found innocent of any criminal charges, nearly a year later, on or about Dec. 14, 2004, BPD decided to take its own crack at her, charging her administratively for her statement in the Burgess arrest papers. Folio could have volunteered to take a polygraph test in an effort to clear her name, but her attorney, Clarke Ahlers, says she never did because the tests are known to be “unreliable”—especially when used to gauge a person’s intent, which was the issue in her case. Nonetheless, “the police department,” Ahlers stresses, “had the right to order her to take one, and they never did.”

Folio’s administrative case would be heard by a police trial board, with three members of the department weighing each side’s arguments before deciding Folio’s professional fate. But the trial board didn’t happen. On March 11, 2005, one business day before the scheduled March 14 hearing, Police Commissioner Leonard Hamm signed a letter immediately ordering that Folio be “removed from her regular permanent position as a Baltimore Police Officer, without fault upon her part.”

Hamm’s move indefinitely postponed the trail-board hearing and forced Folio to retire, which she did officially on March 17. The next day, in order for Folio to be eligible for city health insurance, she and her roommate, Lisa Olszewski, also a city police officer, filed publicly as domestic partners—a decision that was not made lightly, since it officially outted them as a lesbian couple.

Suddenly, the department reversed course. On March 18, the department sent a letter to Ahlers stating that “Folio is under no direct order . . . to retire. In fact, as of this date she is still a member” of the force—despite the fact that Folio had signed retirement papers, as previously directed by the department, the day before.

On March 22, Hamm issued another letter, stating that his March 11 letter ordering Folio out of her job was signed and sent “in error” and that her “job has not been abolished and I am not authorizing a retirement.” As of press time, Folio’s status as a Baltimore City police officer remains in limbo, and she and her lawyer are outraged and baffled. Once you hear her side of this story, it’s not hard to imagine why.

Directly after signing her retirement papers on March 17, Folio and Ahlers arrived at City Paper’s offices to talk. It was the first time Folio had spoken to the press about the matter. Now that she was no longer a member of the force (or so she believed), she was finally free to talk.

“The cost of this case was devastating to me,” Folio lamented in a clear, even-toned Baltimore accent. Physically, she’s obviously strong—an attribute that explains her police academy stints, teaching defensive tactics and physical fitness. And like most cops, she’s practiced at masking her emotions when speaking. But her words themselves, more than her demeanor, gave away the depth of her feelings. “I live in the city, I’ve been a lifelong city resident, and I truly believe in the city. That’s why I’ve been here so long and had complete faith in the police department.

“I guess what hurts me most,” she continued, “is who really suffered here is the citizens of Baltimore—not having me on the street protecting their communities. And if you talk to anyone in the communities that I patrolled, they miss me. To me, that’s who I ultimately work for. And I like to know that when they saw me, for eight hours they at least felt safe at some point. That’s what meant the most to me, that I’m not going to be able to do that anymore.”

The police department has nothing to say about the Folio affair because, BPD spokesman Matt Jablow says, it expects to be sued.

In fact, Ahlers has so notified the department—not formally, but by implication. On March 22—the same day Hamm rescinded his order for Folio to retire—Ahlers sent a six-page letter to the department that, in closing, reviewed Folio’s “rights” in regards to her experience with the department’s internal-affairs bureaucracy. Among them were the rights to “take civil action” in the courts, to “request federal criminal and civil investigation of misconduct by her accusers,” and “to take effective public, political action through the mass media.” Ahlers dangled the prospect of negotiating a financial settlement, but pointed out that “Ms. Folio’s legal obligation to cooperate in any federal criminal investigation” was not negotiable. Reading between the lines, Ahlers was putting the department on the alert that Folio can give as good as she gets.

 

The banner reads HIGHLANDTOWN ‘DRUG-FREE’ MIDDLE SCHOOL. It hangs over a public school, next to a public park, as an early spring day turns to dusk, right when students and working people who live in the area are likely to be enjoying some free time outdoors. This is where and when Internal Affairs chose to place a fake drug stash under bushes next to a public sidewalk—where any youngster might pick up the bag, where any random person passing through might be swept up in the sting and arrested—as a ploy to tempt a cop to steal abandoned contraband.

As Folio experienced it, the “random integrity test”—Internal Affairs’ term for the operation—presented anomalies that raised eyebrows even as it unfolded. Folio says she and other cops who share her beat knew that Pratt and Ellwood is not a drug corner, so the tip itself (phoned in by an Internal Affairs detective) was out of the ordinary. Even Leon Burgess, the man Folio arrested, said as much during a police interrogation: “It’s not even a drug area that they was riding in. I have never even seen . . . drug[s] move through there.”

Stranger still was the condition of the recovered cash: $250 in clean, crisp, new bills, several of them with sequential serial numbers. Folio and another responding officer discussed the unusually fresh bills as soon as they first examined them, and Burgess, when he was interrogated by police officials while still in custody at Central Booking early the next morning, pointed out that “junkies don’t give you straight money like that. Junkies’ money’s sweaty and it’s balled up and all types of stuff.”

The Internal Affairs detectives’ sting also created a victim: Leon Burgess, who was falsely stopped, detained, and arrested as a direct result of the actions of the detectives, who did nothing to stop it. They were the only people on the scene other than Burgess and his friends who knew he was innocent, and the Internal Affairs detectives simply watched the arrest, recording it on tape. What’s more, the tape reveals that the detectives knew that they were watching trouble unfolding at the time.

Internal Affairs sergeants Terry Ressin and Robert Morris were sitting in a surveillance vehicle during the sting, and their video camera recorded their discussion as Burgess was accosted by the patrol officers. According to the transcript (which was provided by Ahlers to City Paper, along with the rest of Folio’s records of the case), Ressin remarked, “If they lock him up, we got problems.”

Morris responded that Folio is “supposed to be a decent girl. I think she’ll probably just get numbers for found property and lock him up for [inaudible], all we can hope that anyway.”

Ressin’s retort: “And if not, we’re all screwed.”

As it turned out, Internal Affairs was not screwed, but Folio was—with Burgess as collateral damage. “They know this is illegal,” Ahlers says of the detectives’ recorded conversation as they watched Folio arrest Burgess. “[Internal Affairs] had let a person be unconstitutionally stopped, detained, and arrested. He had no business being stopped because [Internal Affairs] knew, when they gave the description out [to 911], that it was a fiction. They know this is illegal,” he argues emphatically, growing visibly exercised. “Jackie doesn’t know that. She’s been dispatched to a felony in progress!”

What’s more, during Folio’s criminal trial it came to light that this particular test came with a heightened risk of a false arrest built in. Under cross-examination, the Internal Affairs detective who designed the sting, Brian Winder, admitted that the plan was to have Resin call 911 with a description “that mirrors persons in the area and advise . . . that the person described is dealing drugs” (emphasis added), almost guaranteeing the prospect of the false arrest of a passing civilian.

Elsewhere in Winder’s testimony at Folio’s trial, the detective acknowledged that he designed the test without a written manual to help him navigate potential pitfalls—what actions to take should someone be falsely stopped, detained, or arrested as a result of the test. (In July 2004, after Winder left Internal Affairs, he was shot and killed in the line of duty.) Indeed, a federal class-action discrimination lawsuit brought against the department in December 2004 by a large group of African-American officers asserts that “BPD has no written investigatory standards, policy, or training for members of [Internal Affairs].”

Folio says she has read a portion of a 1990s New York Police Department manual for doing internal-affairs stings, which explains what to do when faced with an unexpected problem, such as a false arrest. “It spells out, if it goes bad, what they need to do to stop it,” Folio pointed out.

“Suppose, for example,” Ahlers says, picking up on the theme, “if Officer Folio had pointed a gun at Burgess, would they then interrupt it? I mean, at what point were they willing to say, ‘Jeez, now things have deteriorated to the point that she may use deadly force, maybe now we ought to admit that the suspect is not the felon because it’s a fictitious felony.’”

 

Unprepared for the complications that arose from the sting gone wrong, BPD began tossing the problem up the chain of command like a hot potato. As Internal Affairs sergeants Ressin and Moore followed the police van that was transporting Burgess to Central Booking, Ressin phoned his supervisor, Lt. Ross Buzzuro. “We gave out a description,” Ressin explained, according to the surveillance-tape transcript, “and they, ah, actually stopped somebody a couple of blocks away, who fit the description and they locked him up.” (Emphasis in the original.)

Then Ressin called the lieutenant colonel in charge of Internal Affairs at the time, George Mitchell, to brief him on the situation. “They actually stopped somebody,” he recounted to Mitchell. “I don’t know yet if they found something on him while they were checking him or if they’re going to charge him with our stash. If it was our stuff,” Ressin added, “then we got problems.” Then, to an inaudible comment made by Mitchell, he responded, “Yeah, that’s what I’m hoping, but if not then we’ll do what we have to do.”

What had to be done, subsequent events make clear, was to stick the whole mess on Folio, based on her statement of charges against Burgess, which was completed by 8:30 p.m. At 10:30 p.m. on March 27, 2003, the evening of the arrest, the department’s then-chief of special projects, Sean Malone, was first contacted about the incident. Twenty minutes later, Mitchell briefed one of his Internal Affairs lieutenants, and sent another to the Southeastern District station house to await shift change, when Folio would be present. At 11:45 p.m., Folio arrived for shift change, and was immediately summoned to her shift commander’s office. By midnight, the Southeastern District commander, Maj. John Long, was advised by Mitchell of Folio’s “impropriety” in writing up an allegedly false report. Minutes later, two Internal Affairs detectives escorted Folio to the Internal Affairs offices to read her her Law Enforcement Officers Bill of Rights rights. Her police powers were suspended immediately, and she was assigned to work at the Baltimore City Juvenile Detention Center.

Burgess, meanwhile, was locked up at Central Booking, where the booking process was completed by about 8:15 p.m. At 12:45 a.m. on March 28—just as Folio, at Internal Affairs, was being read her Law Enforcement Officers Bill of Rights rights for having wrongfully arrested him, an innocent man—Burgess was taken out of a group cell at Central Booking and put in a room to be interrogated by Malone, Internal Affairs Lt. Joseph Smith, and Internal Affairs Det. Anthony Vaeth. The interview lasted for 35 minutes. Afterward, Burgess was returned to the cell and remained locked up until 2:45 a.m., when he was finally released and given a lift to his East Baltimore home by Malone, Smith, and Vaeth.

It’s clear from the transcript of that interview that Burgess believed he was officially under arrest when Malone, Smith, and Vaeth interrogated him. Smith even re-read him his Miranda rights on the record, an act that further veiled the fact that the police knew he was innocent, had been wrongfully arrested, and was now being wrongfully held and interrogated. It was then more than six hours after his false arrest, and no one had told him he was free to leave.

 

Ahlers, during the interview at City Paper right after Folio’s March 17 retirement, says he was particularly shocked at Malone’s conduct in handling Burgess: “His first concern, when he arrived at Central Booking that night, should have been to release Burgess. What he does instead is he scams Burgess by bringing him into a room and giving him Miranda. He knows, if he’s got an ounce of sense, that Internal Affairs has done something grossly unconstitutional here, and illegal, and that the city has liability. And so he takes what they’ve done, and he looks at Jackie Folio’s statement of charges, and he says, ‘Here’s the out. This ambiguous sentence here, we’ll put it on the officer.’

“The proof of that is that they never even call Jackie Folio to figure out the ambiguity. They never even asked her, ‘Is this accurate?’ She’s passed the test they designed. She’s turned in all the drugs, all the money. She has no history of ever getting a complaint. In fact, on the [Internal Affairs] tape one of them says she’s supposed to be a good officer.”

In fact, according to the case record, as the Burgess interrogation was winding down that night, the decision to criminally indict Folio had already been made. At 1:15 in the morning, Lt. Col. Mitchell of Internal Affairs notified Thomas Krehely, the assistant state’s attorney who handles police corruption cases; in turn, Krehely advised Mitchell to “gather info, interview people, and meet week of April 1, 2003 for an indictment.” Folio didn’t know her fate was sealed already. On June 6, 2003,when she waived her Law Enforcement Officers Bill of Rights rights and gave a voluntary statement, it was because she thought she could avoid indictment.

The morning after the sting, the press coverage began. “The Sunpapers breaks the story,” Ahlers recalls, “that Jackie Folio has committed a crime. That she put drugs on an innocent suspect. And if you compare the stories in the Sunpapers—there are two stories two days in a row—if you compare that, it’s verbatim [from] the Leon Burgess interrogation. Now, who would have leaked that? Well, the department runs this ridiculous theory by me—Leon Burgess called the reporter. The idea that he knows which reporter he should talk to at the Sunpapers to generate an article of interest, and that this was an [Internal Affairs] undercover operation—a fact that was not known to him—is absolutely absurd.”

Folio learned only earlier this year, in preparation for the trial board, that Burgess was interrogated by Malone the night of the sting—a fact that brings up another gripe from Ahlers about how the case was conducted. After the administrative charges were filed and the hearing approached, both sides shared information in a legal process called “discovery,” just as they had before the criminal trial. This time, though, Folio and Ahlers received evidence from the police department that hadn’t been provided to them, as required, during the earlier criminal proceedings. Some of the late-arriving evidence was proving helpful in preparing a strong defense for the trial board, but it also would have helped strengthen Folio’s successful defense before Judge Stewart.

“The transcript [of the Burgess interrogation] was one of the documents that was not produced by the police [before] the criminal trial,” Ahlers stresses. “And the person who makes the decision about what information the police department gives to the state’s attorneys office, who must provide it to the defense, is the chief of legal, Sean Malone. So he intentionally did not disclose that.”

Actually, Malone at that time was not chief of legal—a position department spokesman Matt Jablow says Malone had left in 2002—so the difficulties Ahlers had during the discovery process may not have been Malone’s fault. At the time, Jablow explains, Malone was chief of special projects, a job with vague and wide-ranging duties that even Jablow couldn’t summarize. And yet Malone was closely involved with the Folio case; when Ahlers phoned the department to speak to the chief of legal about Folio’s case, he says he found himself talking to Malone, who, Ahlers says, represented himself as chief of legal.

Malone, now the city’s labor commissioner, did not respond to phone calls or a letter hand-delivered and faxed to his office requesting comment for this story.

 

Clarke Ahlers has been a lawyer since 1986, but before that he had been with the Howard County Police Department since 1972—initially as a 17-year-old cadet, later as an officer. That helps explain why he was so taken aback when he first spoke with Sean Malone on the phone about the Folio case.

Ahlers says the conversation took place right after Folio had hired him. (Herbert Weiner, an attorney for the Fraternal Order of Police union, represented Folio when she was suspended, right after the incident, but Folio hired Ahlers shortly thereafter.) Having learned the details of Folio’s case, Ahlers decided the best course of action was to tell her side of the story to the department, which might decide that charges weren’t warranted. So he contacted the department’s legal affairs division, asked to talk to its chief, and ended up talking to Sean Malone.

“In my mind I’m picturing a 30-year salty veteran,” Ahlers recalls, “somebody who is a former police officer-turned-lawyer, been around the block, and knows everything there is to know.” In fact, at the time, Malone was 36. When he’d been selected as the BPD’s top attorney in 2000, he’d been a lawyer for 18 months. But he was a close friend and adviser of Mayor Martin O’Malley’s, having managed his election campaigns and been a bartender at McGinn’s (now Mick O’Shea’s) where O’Malley’s Irish rock band often played. Malone’s previous law-enforcement career before becoming BPD’s top legal authority consisted of an approximately six-month stint as a prosecutor in Baltimore County.

Ahlers says he began his initial telephone conversation with Malone by offering to give Folio’s side of the story in hopes of preventing criminal charges. He says Malone cut him off and insisted, in no uncertain terms, that Folio was at fault in wrongfully arresting Burgess, end of story. Ahlers says he countered that his client believed she was making a legitimate arrest thanks to the bogus anonymous tip describing a suspect; Ahlers says he was then shocked to hear the police department’s ostensible top legal expert counter that stopping a citizen under such pretenses was unconstitutional, when in fact, Ahlers points out, it is quite constitutional and standard police practice. Regardless, Ahlers says, Malone was apparently unmoved by the argument and cut the conversation short.

It all adds up, in Ahlers’ mind, to a Malone-inspired attempt to hide Internal Affairs misdeeds. Malone, Ahlers allows, “could fairly evaluate the case and say Jackie Folio did something wrong. Reasonable minds can disagree. And I respect if that’s his belief. And he has a job to do. What I didn’t understand, until recently, was he was engaged all along in protecting [Internal Affairs] from their misconduct. Reasonable minds can’t agree about that. That’s not his job.”

Folio was caught up in a “random integrity test,” ostensibly designed to create a situation that any cop in the vicinity could end up responding to, but she says she wonders how random her test actually was. About a month prior to the Burgess incident, Folio says, she responded as a backup to a very similar (and fruitless) call for drug activity a block from her Southeastern District post. And, she says, her girlfriend, Officer Lisa Olszewski, believes she was the target of a similar test set up two weeks after the Burgess sting. Since Internal Affairs won’t tell officers when or whether they’ve been tested, or if they passed, there’s no way to know for sure if the incidents were, in fact, Internal Affairs integrity tests.

Folio isn’t the only one with questions about the fairness and effectiveness of the methods the BPD uses to police its officers. A group of African-American officers filed a discrimination lawsuit last December against the city and the police department alleging that the department selectively uses disciplinary procedures to discriminate against certain types of officers. The lawsuit’s charges, which go all the way back to 1992, include allegations that Malone, as chief of legal from 2000 to 2002, discriminated by initiating investigations of officers, deciding which charges would be brought or dismissed, and influencing the outcomes of charges against them, including in trial-board matters.

The city’s response to the discrimination lawsuit casts off the allegations as an “attempt to undermine the disciplinary procedures” of the department, and claims that Malone enjoys “absolute immunity for any claim arising from their conduct in initiating and prosecuting disciplinary charges.”

Of course, problems with the department’s self-policing pre-date Malone. A 1996 study by the Baltimore City Community Relations Commission determined that 75 percent of terminated officers were black, even though black officers made up less than half the force. The study also found that 90 percent of black officers who went to department trial board were found guilty, while only 60 percent of white officers called before trial board met the same fate.

The commission’s report prompted a probe by the City Council’s Legislative Investigations Committee, headed at that time by then-Councilman Martin O’Malley. At its conclusion in 1998, O’Malley’s committee issued another report that confirmed widespread disparities in the disciplinary treatment of black and white officers, concluding that the most shameful aspect of the findings was “our failure to root out these problems when they are brought to our attention.”

Steve Kearney, the mayor’s director of policy and communications, says the police department under the O’Malley administration in 2000 started the integrity test program—the very one that netted Folio—as “a direct outcome” of the 1998 report, and that, in addition, the selection of trial board members has become random and less politicized than in the past. Department spokesman Jablow says that the IAD has conducted 460 integrity tests since 2000 and that four officers have failed them. He would not name the officers who failed; presumably, Jackie Folio is one of them.

 

“I’ve never seen stuff like this,” says a 30-plus-year BPD veteran who spent more than a decade doing internal investigations. He asked not to be named out of fear of retribution before his pending retirement. “It’s really gotten out of control, with the state’s attorney working as an instrument of [Internal Affairs], taking weak cases like Folio’s, indicting, and losing,” the BPD veteran says. “It’s done to harass, embarrass, and coerce [people] into resigning. But I’ve never, ever seen them do what they’re doing to Jackie—abolish some police officer’s position just to avoid letting them have a trial board. It’s profoundly befuddling.”

The “nucleus” of these problems, the veteran agrees, “is Malone, but he’s the mayor’s guy, so nobody steps up and objects.”

The way to make good police-corruption cases, he advises, is to “do them targeted, based on good intelligence—so-and-so’s dirty, so target him and find out. Maybe it takes three, four weeks to set up a targeted, but you end up with good, strong cases—and there are good cases out there to be made.

“But the mayor likes randoms, because it represents numbers,” the veteran continues. “With large numbers of randoms—which take a few days to set up—you can rack up the numbers and say you’re working hard to clean up the department, even though all you’re really doing is taking resources away from targeted cases. With randoms, more times than not, you end up with nothing.”

Former BPD sergeant Andre Street, a 25-year veteran who retired in 1995, remembers how random tests in the past had to be designed for total control of the environment. For example, Internal Affairs detectives might have planted a couple of joints in plain view on the floorboards of a patrol car: “They’d watch, do [the officers] follow procedures? Do they keep it, whether for personal use or as drop items to pin charges on a suspect? It was controlled because it didn’t put citizens at risk. Whatever you do you should do without involving the public. You have to plan for every contingency and be prepared to pull the plug at any time and say, ‘The gig’s up.’”

Ahlers, too, has a few ideas about how better to go about catching corrupt police. “Almost every study ever done about police corruption,” he asserts, “says that you look at the vice and narcotics units, not patrol. If you’re trying to find out if police officers get free coffee at 7-Eleven, yeah, maybe patrol officers are involved in that. But if you are looking for who is protecting organizations of criminals, you have to look at units that go after organized crime. At that level, what the criminal wants to know is, can they pay somebody for information or can they pay somebody for protection, and that’s really not going to happen at the uniformed officer patrol level.

“There are a lot of ways they could do this. Instead, they end up doing Jackie Folio and trying to cover up their own culpability.”

 

In the Folio case, a poorly planned and executed random sting netted a police officer allegedly lying in charging documents and inadvertently raised questions that cut right to the heart of how police are policed in this town. But what happened to Burgess, the falsely arrested suspect? His post-sting story suggests even more problems.

On April 15, 2003, about two weeks after the Folio sting, Burgess allegedly sold drugs to an undercover officer on the 3700 block of East Pratt Street and was charged with conspiracy theft. On July 24 of that year, the state’s attorney declined to prosecute the charges. On May 1, 2003, Burgess earned assault and deadly-weapon charges thanks to his alleged connection with a large, drug-related fracas in the 3600 block of Eastern Avenue, but the state’s attorney declined to prosecute those charges, either. On Aug. 28, 2003, Burgess was charged with indecent exposure when he allegedly tried to force his way—while openly masturbating—into a woman’s home on the 2000 block of East Baltimore Street as she tried to stop him. The state’s attorney declined to take those charges to court, as well. On Oct. 29, 2003, Burgess was stopped on Conkling Street in Highlandtown after police say they observed him throw suspected drugs to the ground, and then, after searching him, found more drugs. The possession charge against him resulting from the incident was not pursued by the state’s attorney’s office. Burgess accrued all of these charges prior to his giving testimony at the December 2003 criminal trial of Jackie Folio.

Burgess’ attorney, William Buie, tells City Paper he advises his client, who is currently locked up and awaiting trial on several violent charges, including rape, not to talk to the paper while the current charges are pending. Assistant State’s Attorney Thomas Krehely had not returned calls by press time requesting an interview regarding the past charges against Burgess, or any deal police and prosecutors may have struck with him.

Burgess seems to have enjoyed extraordinary luck in avoiding any recriminations for a time, but police and prosecutors have managed to force Folio to retire, even when they failed to prove she was criminally culpable for pinning false charges on Burgess. And now, with Commissioner Hamm having retracted his order forcing her to retire, it is possible Folio may be asked to return to duty and then fired by the department if she fails to comply.

On April 4, department spokesman Jablow told City Paper that, in fact, Folio’s trial board hearing had been rescheduled for later this month—and trial boards are only held in matters involving police officers, not retired police officers. Moreover, as this story was going to press on April 5, the spokesman issued a written statement denying that Folio’s being made the patsy for the department’s failures.

“Agent Folio’s allegations of a conspiracy are entirely untrue,” BPD’s statement reads. “The truth is that she has been charged administratively with making a false statement—a statement that resulted in an innocent man being arrested. The citizens of Baltimore demand and deserve better. In light of these charges, an internal hearing board will soon be convened to determine if Agent Folio violated police department policy.”

Folio laughs when told over the phone about the rescheduled hearing—BPD told the press about it before notifying her. “Isn’t that lovely?” she jokes. Then the laughter stops, and her voice turns serious and sad.

“I feel like I’m in an abusive domestic relationship,” she says. “I never thought I’d be going out like this.”