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Friends of Richard Simmons for State's Attorney Michael S.

Neall, Treasurer 147 Old Solomons Island Road, Suite 400 Annapolis, MD 21401 simmonsforstatesattyaaco.com

April 22, 2014

Vince Carbonaro - Chairman FOP 70 Political Action Committee 1311 Generals Hwy. Crownsville, MD 21032 SENT VIA FACSIMILE/EMAIL: 410-923-0788 & FOP70@COMCAST.NET Re: FOP 70 Political Action Committee States Attorney Questionnaire

Dear Mr. Carbonaro: Thank you for your time and attention to support important issues in the law enforcement community such as those noted in the questionnaire to all candidates running for the Office of States Attorney. As a former Anne Arundel County and Annapolis City police officer, I do not believe that I will have any trouble maintaining a good relationship with our law enforcement community in Anne Arundel County. In response to the questionnaire, please find the following responses: 1) The issue of Brady Lists (Brady v. Maryland) has come to the forefront for police officers in our Lodge and across the Country. Officers are losing their jobs based on the determination of States Attorneys deciding, for whatever reason, they will not accept their testimony in court. There is currently legislation (HB-599) being proposed to address the concerns of police officers in the State of Maryland on this issue. Could you provide your position on this legislation and what your policy will be regarding Brady? a) Brady Lists, also referred to as Liars Lists, have been established in some jurisdictions by prosecutors in order to fulfill their obligation to disclose evidence that would be favorable to the defense where the evidence is material to guilt or punishment or else the defendants due process rights to a fair trial are violated (Brady v. Maryland, 1963). The gravamen of Brady decision focuses on the full, yet fair, prosecution of an individual accused of criminal conduct. If any such list exists in the Anne Arundel County States Attorneys Office, I have never seen it. We are extremely fortunate that the Anne Arundel County law enforcement community has maintained a high level of integrity among the individual officers, making this issue rare. In my experience, our state and local police agencies have always taken the appropriate remedial measures to ensure the integrity of the

FOP 70 Political Action Committee States Attorney Questionnaire Simmons

agency. In addition, it has been my personal experience that it is the nature of our police officers to police his/her brother and sister officers in an effort to ensure that his/her badge remains clean. Nevertheless, there are occasions in the context of a criminal prosecution when the prior acts of a witness police officer may become relevant to his/her testimony. Most often times the issue deals with truthfulness, which is directly relevant to the witness police officers testimony. Other than prior convictions involving truthfulness, which usually end in termination from the agency, officers personnel files are fertile ground for this type of information. When this issue arises, during pretrial discovery, access to police officer Internal Affairs records may only be provided to a defendant by motion pursuant to Rule 4-264. Zaal v. State, 326 Md. 54, 87, 602 A.2d 1247, 1263-64 (1992). Zaal sets forth procedures for discovery by a criminal defendant of confidential public records, and specifically requiring a threshold showing of the need to inspect the records. If the trial court is satisfied that this threshold showing has been made, it then should ordinarily conduct an in camera examination of the potentially relevant records to determine whether they have any relevance to the issues presented in the case before the court, and order disclosure of those records which are material. Confidential Internal Affairs police personnel records contained within the police department are different from information contained within the files of the State's Attorney's Office. I believe that under the current law the State does not have an obligation under Rule 4-263(a) to disclose to a criminal defendant the police officer's disciplinary records or information regarding the disciplinary action taken against the officer because this information and material was not subject to potential disclosure under Rule 4-263 by subsection (g). Regarding House Bill 599, since this legislation appears to only apply to admissibility of evidence obtained in violation of the procedural safeguards of the Law Enforcement Officers Bill Of Rights (LEOBR) in administrative hearings convened by police agencies regarding potential disciplinary action under LEOBR, I do not believe that the candidate for states attorney should have a position on such legislation, as it does not have any direct bearing on criminal prosecutions. 2) Under the Weathersbee Administration, many of our officers expressed concerns about cases being plead out or dropped without consultation with the charging police officers, even when the officers are the actual victims of the crime. As States Attorney, what will your position be on seeking input from the arresting/charging officer on plea negotiations? a) My platform consists of three components: (1) the full, yet fair, prosecution of individuals that commit violent crimes, crimes against police officers, sex offenses, and crimes against children, the elderly and the weakest among us; (2) engage in community-government cooperation in the restoration and rehabilitation of individuals amenable to treatment; and, (3) to empower each assistant states attorney to explore solutions on a case-by-case basis, which may be outside the scope of traditional prosecution. 2

FOP 70 Political Action Committee States Attorney Questionnaire Simmons

Component #1 refers to individuals that commit crimes causing irreparable harm. In the context of crimes against police officers, it is my belief that individual willing to engage in such conduct against the police officer is an individual that would not think twice about engaging in such conduct against other people in our community that cannot defend themselves, as police officers are trained and equipped to do so. I recognize that police officers are not punching bags, and getting hurt is not part of their job description. In such cases, I would encourage each assistant states attorney to include victim police officers via electronic communications from bail review to trial and ultimately base his/her decision in any negotiations upon the input from the victim police officer/representative, facts of the case and evidence beyond dispute. However, ultimately I would trust and defer to the judgment of the assistant states attorney handling the case. 3) What would be your position as States Attorney on establishing a policy encouraging Assistant States Attorneys to take a percentage of cases to an actual trial and not to simply plea their entire caseload? a) Under component #1 of my platform, I would absolutely support each assistant states attorney in his/her decision to proceed to trial in the cases enumerated within component #1 of my platform. However, I am ultimately focused on the end result, which hopefully will end a cycle. 4) Different States Attorneys handle deadly force situations in different ways. Under the Weathersbee Administration, the decision whether a case need to go before a Grand Jury was based on the facts of the situation itself. Very few deadly force situations would go before the Grand Jury. Some send all police involved deadly force incidents to be heard before the Grand Jury to protect the officers. What will your position be on the use of deadly force by police officers? a) My belief today is that there should never be any question in the eyes of the public regarding the trustworthiness of its government. In such cases involving the use of deadly force by police or a civilian, I believe that it is in the best interest of the law enforcement community and the people to have each case involving deadly force reviewed and judged by the citizens in the context of the grand jury process. This is the hallmark of a government by the people. 5) Officers in every jurisdiction grow frustrated with waiting outside of the courtroom, rather than being placed on stand-by in the event they are needed. Have you given consideration to any policies that may allow for police officers to be on stand-by (reachable by phone) more often, rather than waiting in the courthouse and most often not being called as a witness? a) As a former midnight police officer, I am extremely sensitive to this issue. When possible, I would encourage officers to contact the assistant states attorney handling their upcoming caseload in order to facilitate common sense solutions to the time management issues. Midnight officers should never be summoned to morning and 3

FOP 70 Political Action Committee States Attorney Questionnaire Simmons

afternoon court on the same day. In fact, whenever possible midnight officers should only be scheduled for morning court, and called first during the docket, if possible. With mobile communications and digital radios, it is entirely possible for the daywork shift to remain on standby, as the docket is being sorted out. Officers providing their mobile telephone numbers could be text messaged within the first half-hour of the docket, indicating whether they are needed to testify or simply satisfy the curiosity of the opposing attorney who is constitutionally mandated to vigorously represent his/her client. In my experience, the defense bar in Anne Arundel County will be receptive to this solution, so long as the states attorney and the officers remain transparent. In sum, with a little forethought, officers and assistant states attorney should be able to work out standby arrangements. I believe it is extremely important that officers are able to rest in order to be alert and able to competently and safely execute the duties of their office, and patrol posts are adequately staffed in lieu of officers standing around in court. 6) What have you done to support law enforcement officers to date? a) I was a police officer for a number of years. As an attorney, I have always consulted with police officers regarding legal matters without charge. I have always attempted to foster respect for the police among the community in my capacity as private counsel. To this day, every traffic stop that I pass draws my attention for such a time as a fellow brother/sister may be in need of assistance. 7) Which members, active or retired, would you recommend we talk to regarding your candidacy? The following individuals may or may not be directly involved in my campaign, but all of them certainly have an opinion as to my abilities to perform the duties of states attorney. a) b) c) d) e) f) g) h) i) j) k) l) m) n) o) p) Deputy Chief Ed Koch (retired) Lieut. Robert Johnson (retired) Herb Hasenpusch Ross Passman Tom Middleton Dennis Stankiewicz Dan Sereboff Russell Heller Donald Wilson Michael Cox Robert Thomas (retired) Donald Hepler Michael Richardson Charles Knight (retired) Terry Bente (retired) Christopher Powell 4

FOP 70 Political Action Committee States Attorney Questionnaire Simmons

q) r) s) t) u) v) w) x) y) z) aa) bb) cc) dd) ee) ff) gg) hh) ii) jj) kk) ll) mm) nn) oo) pp) qq) rr) ss) tt) uu) vv) ww) xx) yy) zz) aaa) bbb) ccc) ddd) eee) fff) ggg) hhh) iii) jjj)

Charmaine Beyers Todd Spieth Daniel Boone Bill King (retired) Adam Koch Frank Tewey George Starkey (retired) Rick Morris (retired) Gloria Morris (retired) Gordy Merritt (retired) Jason Wells Tom McFarland Richard Gross Jack Short (retired) Mark Howes (retired) Jeffrey Golas Jocelyn Aikman Kevin Mont Keith Baumann Kenny Trader Kenneth Custer Darrell Hall Jeff Adams Tommy Torrence OBrien Obie Atkinson Bob Creech David Speca Rick Hicks Robert Crawford Scott Roneghan Robert Rosso Ron Stein Steve Belinski T. J. Smith Tony Mills Vince Butler Bill Booth Erica Eid Bill Wild Jack Hartzell Tom Suit Mike Regan Michelle McLaughlin Jeff Little Tony Tortici (retired) Brent Weaver 5

FOP 70 Political Action Committee States Attorney Questionnaire Simmons

kkk) Norm Milligan lll) Alexander Scott mmm) Eric Hodge nnn) Jonathan Church (retired) ooo) Jeff Lewis ppp) Jim Roecker qqq) Sharon McAllister rrr) Charlie Jones sss) Greg Eshelman (retired) ttt) Lester Brumfield uuu) Kevin Falls (retired) vvv) Denny Howell (retired) www) Steve McBee xxx) Hugo Cardenas yyy) Todd Schwanke zzz) Ted Vanorsdale aaaa) Fred Paesch bbbb) Tj Bathras cccc) Bill Daughters dddd) Mark Camm eeee) Mark Robey ffff) Dennis OToole (retired) gggg) Kevin Tribull hhhh) Brian Majors iiii) James Strawser jjjj) Greg Russell kkkk) Rich Lesniewski llll) Mark Shawkey mmmm) Tom Gillen nnnn) Pam Davis oooo) Ted Lemaster Have any questions, please contact my office. I look forward to seeing you soon. Sincerely, /s/ Richard Simmons