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  1. #1
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    Lee Stephens Sentenced to LWOP in 2005 MD Murder of CO David McGuinn

    Death penalty trial delayed for Md. prisoner accused of killing guard

    Test of new restrictions could come 5 years after officer's death, but appeal pending

    Maryland's first death penalty trial under the state's new restrictions has been delayed until May, and a pending pretrial appeal could delay it further.

    The trial of Lee Edward Stephens, one of two prisoners charged in the death of a correctional officer, had been scheduled to begin next month in an Anne Arundel County courtroom, four years after David McGuinn was stabbed at the now-closed Maryland House of Correction in Jessup. The trial was recently postponed for 10 months, giving the defense more time to prepare and perhaps resolve the pretrial appeal.

    That appeal, which questions changes in Maryland's death penalty law enacted in 2009, could delay the trial further. If not argued before April, when the appeal is tentatively set to be heard, a decision is unlikely before the trial's scheduled May 5 start.

    This month, the Maryland attorney general's office asked the Court of Special Appeals to hear the appeal before Thanksgiving. The request was opposed by Stephens' lawyers, who said preparing for the appeal would conflict with other work.

    Stephens, 31, and Lamar Cornelius Harris, 39, could receive the death penalty if convicted of killing McGuinn, 42, on July 25, 2006. They were teenagers when they committed the crimes that sent them to prison for life.

    In 2009, Maryland's death penalty law was amended to limit capital punishment to murder cases in which there is DNA or other biological evidence, a videotaped confession or a video recording of the crime.

    Stephens' lawyers challenged whether the state's evidence meets the new legal standard. Last year, they asked a judge to hold a hearing on whether the prosecution's DNA evidence, which includes blood on Stephens' underwear, met the requirement of tying DNA to the crime.

    In court documents, they described a crime scene so gory that at least one inmate told them that when he was led out of his prison tier, "he literally slipped and fell in a pool of blood." Contending that McGuinn's blood "was everywhere," they argued that his DNA could have linked any of the more than 40 prisoners on the tier to his homicide. They sought to have other prisoners testify.

    Prosecutors contended that the DNA evidence was for a jury to evaluate.

    After Anne Arundel County Circuit Judge Paul A. Hackner rejected the defense challenge, Stephens' lawyers appealed the ruling.

    "This is an important issue," said Gary E. Proctor, one of two lawyers hired by the Office of the Public Defender to represent Stephens. "This is the first appeal of the new statute in the state."

    Stephens' trial is scheduled to last 10 weeks. Longtime court administrator Robert G. Wallace said he could not recall a trial in the county lasting that long.

    No trial date has been set for Harris. His competency to stand trial remains an issue.

    http://articles.baltimoresun.com/2010-07-23/news/bs-md-mcguinn-trial-rescheduled-20100723_1_lee-edward-stephens-death-penalty-gary-e-proctor

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    Judge won't delay trial in death-penalty case without order from top court
    Correctional officer slain in 2006, trial set for May despite unanswered pretrial question

    Frustrated by delays in trying one of the first murder cases under the state's new death penalty law, a judge said Monday that unless Maryland's highest court orders a postponement, the trial will begin May 2 as planned.

    "I invite you to go down the street," Anne Arundel County Circuit Court Judge Paul A. Hackner told attorneys for Lee Edward Stephens, who unsuccessfully asked to push back their client's trial in the 2006 fatal stabbing of a Maryland House of Correction officer.

    Lawyers Gary E. Proctor and Michael E. Lawlor said they will seek a delay at the nearby Court of Appeals where a pretrial appeal on evidence is to be argued in April, with no ruling expected in time for the May trial.

    Hackner's suggestion was in part procedural, but also will put the top court in a situation of deciding whether the pretrial issue and court date are critical enough for an emergency hearing and ruling.

    "Because if they are inclined in the least bit to think the procedure that counsel was recommending in this case, which I declined to follow, was an appropriate procedure, they will be very quick to say that. We've have had voting cases that have gone from my desk to their desk with hours and they've ordered one way or the other," Hackner said.

    The 10-week jury trial has been rescheduled three times in two years, each time accounting for 20 percent of Hackner's workyear. It must be scheduled far ahead. But if the Court of Appeals blocks the May trial date, Hackner is not forced by court rules to pencil in a new date until the top court says so.

    A second defense issue with the May court date involved a specialist hired for Stephens' defense and what Lawlor and Proctor said may be perceived as a conflict of interest or require replacing her for other reasons. She would have to be brought up to speed on the case. Hackner said he saw no conflict and thought it made sense to keep her on the Stephens case.

    Prosecutors, too, objected to a delay that would put Stephens on track to be tried more than five years after David McGuinn was killed.

    Stephens and Lamar Cornelius Harris face the possibility of execution if convicted of first-degree murder in the July 25, 2006, slaying of McGuinn, 42, whose death was a factor in closing the Maryland House of Correction. Stephens, 31, and Harris, 40, were serving life sentences there at the time.

    Anne Arundel County prosecutors and the Attorney General's Office have declined to discuss the case.

    Stephens' pretrial issue challenges the workings of the death penalty law changes enacted in 2009.

    The controversial changes restrict when prosecutors can seek capital punishment to first-degree murder convictions in which there is DNA or other biological evidence, a videotaped confession or a video recording of the crime.

    Proctor said that Anne Arundel County prosecutors said biological or DNA evidence links Stephens to McGuinn's death. Hackner denied his request for a pretrial hearing on whether there's enough evidence for a jury to make that connection. The defense appealed.

    Proctor said it appears that 40 other men, not charged, were at the crime scene – aside from correctional officers and police – and five would testify that they had the victim's blood on them, or in their cells, or had stepped in it, he said.

    According to legal arguments for Stephens, "it is possible to imagine that there may be a case where there is DNA evidence that is relevant to guilt, but does not link the defendant to the act of murder."

    No trial date is set for Harris. His pretrial appeal is to be argued next month.

    http://www.baltimoresun.com/news/mar...,3966717.story

  3. #3
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    Death-penalty trial opens in killing of correctional officer

    A by-the-book correctional officer was murdered on the job by two prisoners who didn't want to live by the rules, a prosecutor told a jury Wednesday as the death penalty trial of the first of those inmates began in Anne Arundel County.

    "To them, Cpl. [David] McGuinn was an obstacle they had to remove, and they did," Assistant State's Attorney Sandra F. Howell said in her opening remarks in the trial of Lee Edward Stephens.

    It is the first time in the more than five years since the 42-year-old McGuinn was fatally stabbed at the now-closed maximum-security Maryland House of Correction that prosecutors have publicly offered any motive.

    Stephens, 32, is charged with first-degree murder in the fatal stabbing July 25, 2006, of McGuinn, an officer nicknamed "Homeland Security" for his approach to his work. The defense maintains that Stephens did not kill McGuinn, describing a chaotic scene in which the officer's blood wound up in Stephens' cell without his involvement.

    The slaying and long-awaited seven-week trial have drawn wide attention. Not only was the fatal attack on a correctional officer a leading reason the state shut down the antiquated prison where it took place, but a conviction with a death sentence would be the first under the 2009 changes to Maryland's death penalty law. Close to 70 people attended opening statements.

    With a photo of McGuinn on display, Howell told jurors that they would see a cell door from the House of Correction and a demonstration of how prisoners were able to jam its locks. She said Stephens and Lamarr Cornelius Harris (his name is also spelled "Lamar" in some documents), 41, freed themselves from their cells to "sneak up on Cpl. David McGuinn" and repeatedly stab him as he was doing the 10 p.m. head count on their 49-cell tier.

    Howell said McGuinn's blood was in Stephens' and Harris' cells and on their clothing. It was on a trash bag in Stephens' cell and on his boxer shorts, she said.

    What jurors won't see is a murder weapon. Although hundreds of homemade and other knives were found after the attack in the long-troubled facility — including one that the defense said was kicked into a utility area and later inexplicably turned up on another prisoner — no weapon was linked to McGuinn's death.

    Jurors saw their first photos of the bloody crime scene and hospital room Wednesday. They heard their first testimony about McGuinn's cries for help crackling over prison radios, followed by efforts to save him as blood gushed from his wounds. He died an hour after the attack.

    With no other correctional officers on the tier, only other prisoners saw the attack, Howell said. That leaves prosecutors to put prisoners convicted of serious crimes before the jury as witnesses.

    Defense attorney Michael E. Lawlor seized on that point in his opening remarks, in which he attempted to plant doubts about both the believability of witnesses and the blood evidence. He contended that the prisoners who are expected to testify for the prosecution are swapping testimony for deals — one a potential move out of the country and the other sentence reduction.

    But another witness, Lawlor said, will say only Lamarr Harris stabbed McGuinn. "Defense witnesses … will tell you that the person who attacked Cpl. McGuinn was not Lee Stephens," he said.

    The crime scene "looks as though it was painted in blood," Lawlor said, contending that it's no surprise McGuinn's blood was in his client's cell.

    Stephens' trial comes under the General Assembly's 2009 curbs on when prosecutors can seek the death penalty. The law reserves capital punishment for murders in which there is DNA or other biological evidence that links the defendant to the murder, a videotaped confession or a video recording of the crime.

    Prosecutors have long said they will use DNA evidence. The defense has countered that McGuinn's blood was on several inmates.

    The trial may also provide an inside view of the troubled prison in Jessup, where at least three inmates were killed in 2006.

    Less than a year after McGuinn was killed and two weeks after a second correctional officer was stabbed and survived, state prison officials emptied the House of Correction, which opened in 1879. It has been closed since 2007; plans call for razing it.

    Stephens, nicknamed "Jabar" and "Shy," is serving life plus 15 years. He was convicted of murder in the April 1997 slaying of a man outside a Salisbury nightclub. He was 17 at the time.

    Harris is serving three life sentences plus 64 years. The longest stem from his role in an August 1989 execution-style slaying of two people in a South Baltimore park. He was 18. While in prison, he was convicted of assaulting a correctional officer and a fellow prisoner.

    http://www.baltimoresun.com/news/bre...,2244414.story

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    UNBELIEVABLE!

    Jury rejects death penalty for Stephens

    An Anne Arundel County jury decided Wednesday not to impose the death penalty against Lee E. Stephens, who was convicted of murdering a corrections officer at the now-closed Maryland House of Correction.

    The same jury convicted Stephens of first-degree murder earlier this month and also found that prosecutors had met the necessary test under state law to impose capital punishment. After deliberating since last Wednesday, the jury instead handed down a sentence of life without parole for Stephens, who has been incarcerated since 1997 for murdering a man outside a Salisbury nightclub.

    Stephens, 32, was convicted of the 2006 stabbing death of Cpl. David McGuinn. Stephens and another inmate jimmied the lock on their cell doors and ambushed McGuinn from behind as he took an inmate count.

    http://thedailyrecord.com/2012/02/29...death-penalty/

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    Court of appeals grants stay in potential death penalty case

    The Maryland Court of Appeals on Thursday granted a stay in the murder trial of Lee Edward Stephens, who was charged in 2006 with the fatal stabbing of a Maryland House of Correction officer.

    The trial had been scheduled to begin in early May. However, the Court of Appeals is set to argue in April a pre-trial appeal in Stephens' case -- one of the first under the state's new death penalty law – on the trial judge's decision to not hold a hearing on the DNA evidence. The trial has been postponed numerous times since it was first scheduled in 2009.

    Anne Arundel County Circuit Judge Paul A. Hackner also denied a request to push back the trial date and told Stephens' attorneys on Jan. 10 that they could go to the Courts of Appeals, where the pretrial appeal on evidence was scheduled to be argued in April, to seek a delay in the case. A ruling on that pretrial appeal was not expected in time for the May 2 trial date.

    Stephens and Lamar Cornelius Harris face the possibility of execution if convicted of first-degree murder in the July 25, 2006, slaying of David McGuinn, 42, whose death was a factor in closing the Maryland House of Correction. Stephens, 31, and Harris, 40, were serving life sentences there at the time.

    Neither of Stephens' attorneys, Michael Lawlor of Greenbelt or Gary Proctor of Baltimore, were available for comment Friday. Assistant State's attorney Sandra Howell declined to comment.

    http://www.baltimoresun.com/news/mar...0,632481.story

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    Officer's killer didn't appear to be Stephens

    Closing arguments are expected Wednesday morning in the death penalty trial of a prisoner charged with fatally stabbing a correctional officer in the now-closed House of Correction.

    As the defense began presenting its case Monday, jurors heard prisoners testify that neither of the masked killers of Cpl. David McGuinn appeared to be Lee Edward "Shy" Stephens. Stephens, 32, is one of two convicted murderers accused of escaping from a cell whose lock had been jimmied and ambushing McGuinn.

    More prisoners are scheduled testify Tuesday in Anne Arundel County Circuit Court, as the defense tries to cast doubt on the prosecution's contention that eyewitness testimony and the victim's blood on Stephens' clothing point to him as one of killers.

    Defense witnesses said that while they had no idea who killed 42-year-old McGuinn as he performed a head count on the night of July 25, 2006, they knew that neither of his attackers could have been Stephens. Under cross-examination, the prisoners admitted they'd told police they saw nothing. They also said blood had splattered into their cells and onto their belongings, reinforcing a key defense claim that the victim's blood was spread around the area.

    "They were taller," testified Phillip Custis, who is serving a 15-year sentence for drug violations. "And he was slimmer." He said Stephens' hair would have stuck out from under a gray ski mask.

    Custis said that using a mirror to see the assault on the catwalk from his cell, he saw the arm swings of someone repeatedly stabbing McGuinn in the dim light. Immediately afterward, he threw his knife and cellphone — the items are contraband — off the tier, knowing an investigation would include cell searches.

    Stephens is 5 feet, 9 inches tall and weighs about 180 pounds, according to arrest information on this murder charge. Other prisoners said the attackers were at least 6 feet tall, and one of them had very broad shoulders.

    One prisoner testified for the prosecution at the start of the trial, identifying Stephens and co-defendant Lamarr Cornelius Harris as the attackers, but a second prisoner changed his mind and refused to speak out of fear.

    No trial date has been scheduled for Harris.

    http://www.baltimoresun.com/news/bre...,0,94350.story

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    Inmate found mentally unfit for trial in killing of Maryland prison officer

    A prisoner facing a death-penalty trial in the 2006 killing of a correctional officer inside the antiquated Maryland House of Correction was found mentally unfit to stand trial Thursday.

    Lamarr Cornelius "Junebug" Harris, 41, who is already serving more than three life terms for Baltimore murder convictions, looked blankly ahead after Anne Arundel County Circuit Judge Paul A. Hackner handed down his ruling.

    Harris was one of two prisoners accused of fatally ambushing Cpl. David McGuinn on the catwalk of a prison tier tier in July 2006 — part of the violence that led state officials to close the prison. The other prisoner, serving one life term plus additional years, was convicted, but the jury rejected the death penalty and sentenced him to another life term.

    Hackner found that Harris understood the nature of the proceedings against him, but did not meet the second requirement.

    The judge said he was unconvinced that Harris "is able to have a reasonable degree of rational understanding such that he can assist his counsel in this case."

    Defense lawyers began raising the possibility in 2007 that Harris was too mentally disturbed to stand trial. Prosecutors maintained that he was fit for trial.

    Psychiatrists hired by the defense testified that Harris said he was the messiah, and therefore god, and wanted to be executed. However, he specified, only by electrocution because lethal injection — the method in current law — would harm his celestial nature. But he also spoke about a defense, they said.

    Defense lawyers declined to comment.

    "We are hoping that he is deemed competent in the near future so we can take this case to trial," said Kristin Fleckenstein, spokeswoman for the Anne Arundel County State's Attorney's Office, whose psychologist testified that Harris had made some "bizarre" statements but was competent for trial.

    The ruling leaves his treatment up to state mental health officials. Generally, criminal defendants found mentally incompetent are sent to the Clifton T. Perkins psychiatric hospital, which has a maximum security wing.

    Harris must have an annual review in court. If he is not found competent within 10 years, the case against Harris would be dismissed unless a judge finds "extraordinary cause." However, he has the remainder of his prison terms to serve.

    http://www.baltimoresun.com/news/bre...,7137803.story
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    Prison guard’s accused killer seeks delay in trial

    One of two men accused of killing a prison guard at the Maryland House of Correction in 2006 was in the state’s highest court on Friday, seeking to further delay his trial while he challenges his eligibility for the death penalty.

    The case marks the first time the Court of Appeals has considered a 2009 Maryland law that limits capital punishment to cases in which the conviction is based on DNA evidence, a videotaped confession or a video recording that conclusively links the defendant to the murder.

    Lee E. Stephens argues that the revision entitles him to a pretrial hearing to determine if he is eligible for the death penalty.

    A judge in January improperly denied Stephens the chance to challenge whether the blood allegedly found on him contained the DNA of David W. McGuinn, who was stabbed to death in the Jessup facility on July 25, 2006, attorney A. Stephen Hut Jr. argued before the Court of Appeals.

    Assistant Attorney General James E. Williams countered that Anne Arundel County Circuit Judge Paul A. Hackner did nothing wrong by denying Stephens a hearing. Hackner said the jury could determine if the DNA evidence is strong enough to prove Stephens’ guilt and if death should be his punishment if convicted.

    Hackner also refused to delay Stephens’ trial, which had been scheduled for May 2, but the Court of Appeals later ordered a stay until it takes action on the case.

    Stephens and Lamarr C. Harris are accused of stabbing McGuinn while both defendants were serving life sentences at the Jessup facility, which has since been closed.

    During Friday’s hour-long session, several judges said Stephens’ appeal might be premature.

    “You’ll have the right to appeal from an adverse [final] decision,” Judge Joseph F. Murphy Jr. told Hut. Murphy also voiced concern that permitting a challenge to Hackner’s pretrial decision in this capital case could spur similar challenges for much less serious crimes, causing delays in the trial courts.

    But Hut said Murphy’s concern was unwarranted, as the right to an immediate interlocutory appeal could and should be limited to death-penalty cases.

    “Death is different,” Hut said. “Being subjected to a death trial is different.”

    For example, when the death penalty is an option, jurors are seated only if they convince the court they could sentence someone to death. These “death-qualified” jurors are more likely to find the defendant guilty, Hut said.

    That would not be an issue if a judge determined at a mandated pretrial hearing that the case was not eligible for the death penalty, said Hut, of Wilmer Cutler Pickering Hale & Dorr LLP in Washington, D.C.

    “It is incumbent upon the circuit judge [to hold a hearing] as a matter of fundamental fairness,” Hut said.

    Williams countered that Maryland’s death-penalty statute does not “in any way, shape or form” require judges to hold a pretrial hearing on the DNA evidence, which he said can be challenged during trial.

    Allowing defendants to appeal pretrial rulings like this one would result in death-penalty cases being “disrupted or brought to a grinding halt.”

    The Court of Appeals, which heard the case on direct appeal from the circuit court, did not indicate when it will rule in the case, Stephens v. State of Maryland, No. 114, Sept. Term 2010.

    http://thedailyrecord.com/2011/04/08...elay-in-trial/

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    Jurors get accused killer’s capital murder case

    Jurors started deliberations Wednesday in the case of Lee E. Stephens, who faces the death penalty on charges he helped kill a corrections officer in Anne Arundel County.

    Stephens is accused, along with an accomplice, of stabbing Cpl. David McGuinn to death in an ambush attack at the now-closed Maryland House of Correction in Jessup.

    On Wednesday, both sides presented closing arguments with the case going to the 12-person jury shortly before noon.

    Prosecutors emphasized the eyewitness testimony from other inmates on the cell block and DNA testing that showed blood found on Stephens’ clothing came from McGuinn. As for a motive, lead prosecutor Sandra Howell said it came down to the fact that McGuinn, whose nickname among inmates was “Homeland Security,” was a by-the-book officer.

    “The murder of Corporal McGuinn was a brutal and senseless act that happened for no other reason than he represented the system of law and order at the House of Correction,” Howell said.

    Howell also spent much of her closing argument underscoring the importance of the testimony of Jason Freed, an inmate who told investigators he saw Stephens and fellow inmate Lamarr Harris stabbing McGuinn on the night of the attack. (Harris is not on trial in this proceeding.)

    Freed originally told investigators he saw two attackers but did not recognize them. Howell told the jury that Freed revised his story, at risk to his own personal safety, because he feared retaliation for that first statement.

    Howell acknowledged that Freed agreed to testify as part of a plea bargain in an unrelated federal gun-crimes case, which could result in a 12-year reduction of his potential 22-year sentence. However, she denied that was his motivation.

    “He’ll get time,” Howell said. “And, that won’t bother Mr. Freed.”

    Stephens’ lawyer, Michael Lawlor, started his closing argument blasting the prosecution’s star witness as a brazen gangster who only ‘remembered’ what he saw when he faced serious time.

    “He was facing 22 years, so, courageously, Mr. Freed decides then and there he saw who did it.”

    Lawlor told the jury there was no disputing that McGuinn was a respectable officer whose murder was a tragedy. However, he said his client, whose jail nickname was “Shy,” was wrongfully identified as one of the attackers.

    Much of the remainder of the closing arguments on both sides consisted of bolstering or criticizing each side’s eyewitnesses and discussing the blood evidence recovered at the scene.

    The defense claims the blood evidence does nothing more than put Stephens in the vicinity of the attack.

    McGuinn was the only guard on the tier at about 10 p.m. on July 25, 2006 and was carrying out the final inmate count of the night. Prosecutors claim Stephens and Harris rigged their cell doors so that they appeared to close, but could be easily jimmied open — apparently a frequent occurrence on that tier.

    Howell said after McGuinn checked Stephens’ and Harris’ cell doors they popped the door open and attacked him from behind.

    http://thedailyrecord.com/2012/02/01...l-murder-case/

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    Top Md. court throws out appeal by prisoner facing death penalty
    Judges clear path for trial in 2006 homicide

    Less than a week after getting its first look at Maryland's new death penalty law, the state's highest court threw out a pretrial appeal Tuesday by a prisoner who is charged with murdering a correctional officer.

    The order came four days after courtroom arguments in which an assistant attorney general asked the Court of Appeals to dismiss the bid by prisoner Lee Edward Stephens in the fatal stabbing of David McGuinn, a 42-year-old correctional officer.

    In the ruling, the judges appear to agree with Assistant Attorney General James E. Williams, who argued that Stephens' appeal was premature. Stephens has not yet been tried in McGuinn's July 2006 homicide at the Maryland House of Correction, where Stephens, 31, and his co-defendant were then serving life sentences.

    "Our argument was this was not allowed by law — it is not a final judgment," said Raquel Guillory, spokeswoman for the Attorney General's Office.

    An Anne Arundel County judge had refused Stephens' request for a hearing on whether prosecutors have evidence that could meet the stringent restrictions that legislators enacted in 2009 in the death penalty law.

    The changes limit prosecutors' authority to seek execution for first-degree murder convictions to killings in which there is DNA or other biological evidence, a videotaped confession or a video recording of the crime.

    But, Williams had argued, they say nothing about a judge's deciding before the trial whether the evidence qualifies for a death penalty case. With rare exceptions, appeals do not start until after a verdict.

    "The state made a large point that of the fact that this was not an appealable order," said H. Stephen Hut Jr., whose Washington law firm of Wilmer Cutler Pickering Hale and Dorr has been helping Stephens' attorneys. "It was not an insignificant part of the argument last Friday. … It is a disappointment, but is not a shock at all."

    The ruling also lifted the Court of Appeals' stay on plans for a 10-week trial for Stephens. New trial dates will have to be selected.

    Co-defendant Lamar Cornelius Harris, 41, has a pretrial appeal pending.

    http://www.baltimoresun.com/news/mar...,5811970.story

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