Michael J. Moore, Esq., Executive Team and Chief of our District Court Division, was recently appointed to the State Board of Law Examiners by Maryland’s Highest Court, the Court of Appeals.   The State Board of Law Examiners and its staff administer the bar examination and coordinate the application process by which persons are admitted to practice law in Maryland. Historically, Courts of the Maryland Province were first authorized to examine persons seeking to practice law in 1715. These examinations typically were carried out by the County Courts from 1715 to 1851. Those duties then were assigned to the Circuit Courts from 1851 to 1898, when the State Board of Law Examiners was created by the General Assembly.  Seven lawyers compose the Board of Law Examiners. They are appointed to five-year terms by the Court of Appeals . Moore replaces longtime Western Region board member Greg Getty, who recently retired. Reflecting on the new position, Moore commented, “I am humbled and honored to be able to serve my profession in this capacity and look forward to the challenge.”

Michael J. Moore

SAO District Court Chief

FREDERICK, MD – State’s Attorney Charlie Smith was joined this morning by leadership from the Frederick Police Department, Frederick County Sheriff’s Office, Maryland State Police, Federal partners from the FBI and Homeland Security Investigations (HSI), along with members of the Frederick County Cyber Crime Task Force to announce major successes in combating online crime in Frederick County.

“At a time when more children are online than ever due to COVID-19, it is critical that law enforcement remains focused on combating the unwavering threats posed by cyber predators. We want to remind the community that even as we face this unprecedented pandemic, hard-working detectives and prosecutors are on the job to keep your children safe.” State’s Attorney Smith commented.

The Frederick County Cyber Crime Task Force (FCCCTF) was formed in May 2019 as a Memorandum of Understanding (MOU) between the State’s Attorney’s Office, Frederick County Sheriff’s Office, and Frederick Police Department. The mission of the FCCCTF is to investigate, apprehend, and prosecute internet sexual predators who exploit children through the use of the internet and technology, consistent with Maryland Internet Crimes Against Children Task Force standards and procedures. “The Cyber Crime Task Force has proven to be a very effective partnership and a necessary law enforcement resource in identifying and taking cyber predators, those that target children, off of our streets with a more aggressive prosecution, said Frederick County Sheriff Chuck Jenkins adding, “All of the agencies involved in the FCCCTF have demonstrated their commitment to the mission and the investigators assigned to the unit have quickly become very effective in what they do. I recognize the increasing need to address these on-line predators that can gain access to and sexually exploit children anywhere. I only see the task force growing in size and becoming more effective over time in building strong cases and the swift prosecution of offenders.”

The National Center for Missing and Exploited Children (NCMEC) plays a critical role in forwarding cyber tips to law enforcement agencies. The Cyber Tip Line reports of suspected child sexual exploitation rose from 983,734 reports in March 2019 to 2,027,520 in March 2020, a 106% increase. NCMEC vice president John Shehan recently said, “COVID-19 has presented challenges and opportunities in the fight against child sexual exploitation. In the first quarter of 2020, NCMEC became aware of predators openly discussing the pandemic as an opportunity to entice unsupervised children into producing sexually explicit material.” Locally, from January 1, 2020 to October 31, 2020, Maryland saw 4,711 tips of which 163 were from Frederick County. In 2019, the Task Force conducted undercover online chat operations that concluded with seven arrests of defendants that traveled to Frederick County to have sex with minors.

The Maryland State Police Internet Crimes Against Children Task Force receives tips from NCMEC and conducts Statewide investigations. Tips are then sent to Frederick County law enforcement to investigate alleged criminal activity. “The Maryland State Police is proud to be a partner with Frederick County law enforcement in the Internet Crimes Against Children Task Force,” Maryland State Police Superintendent Colonel Woodrow W. Jones III, said.  “I commend the investigators who are committed to protecting our children against those who use such insidious methods to harm them and perpetuate the scourge of child pornography.  I am grateful for the members of the State’s Attorney’s Office who are dedicated to prosecuting these criminals to the fullest extent of the law.”

Collaboration with Federal law enforcement partners has been key to the success of the FCCCTF. “Frederick City and County have taken bold steps to help protect children, as online predators are more active than ever right now,” said Jennifer C. Boone, Special Agent in Charge of the FBI Baltimore Field Office. “The FBI is only as strong as our partnerships and we appreciate the hard work that is being done to open more doors for law enforcement to be proactive instead of reactive.” Federal specialized resources provided include forensic examiners, enhanced technical services for encrypted devices and intrusion experts, and national and international Internet Service Provider and law enforcement contacts. Working with Federal prosecutors can also yield stronger sentences and sex offender supervision. First-time offenders have Maryland Guidelines of Probation to 2 years versus Federal Mandatory Minimums of 5 to 10 years. Maryland maximum supervised probation is 5 years and 15 years for a Tier I offense versus Federal lifetime registry and supervision.

The State’s Attorney’s Office has more than tripled the number of child sexual exploitation prosecutions in Frederick County since 2019. Fifteen defendants faced prosecution from 2017-19 on state charges. Since 2019, fifty-four defendants have been prosecuted, with seven additional facing Federal charges.

An important focus of the Task Force partnership has been pushing a legislative effort in Annapolis to enact laws that address the issues facing investigators. HB1027/SB736 expanded Maryland’s child pornography law to include “lascivious exhibition”. Legislators also added language that allows prosecution of pornographic content featuring computer-generated images that are indistinguishable from an actual child. HB246/SB231 expanded the current Sexual Solicitation of a Minor law to include the prohibition of the sexual solicitation of a child through their parent, guardian, or custodian.  The bill also added an enhanced 20-year penalty for a second or subsequent offense.  These changes demonstrate that the legislature acknowledges the growing number of online child sexual exploitation cases and the public policy need to respond to protect children from victimization. In 2021, the Task Force will look to address sentencing for Child Pornography and Solicitation of Minors by advocating for stronger penalties before the Maryland State Commission on Criminal Sentencing Policy. State’s Attorney Smith added, “First-time offenders are far too often granted Probation Before Judgement (PBJ) by judges. Given the high recidivism rate among sex offenders and the severe trauma these young victims endure, we simply must do more to protect our children from predators.”

Frederick Police Lt. Andrew Alcorn believes this relationship will only continue to grow saying, “The Frederick Police Department is appreciative to have the opportunity to collaborate on this topic and these cases with our partners.  The information sharing and resources that each individual from each discipline and agency brings to the table is invaluable to the success of the team.  We look forward to working with our partners moving forward for continued success.”

FREDERICK, MD – Frederick County State’s Attorney’s Office Juvenile Division Chief Laura Wilt was appointed for three years to Governor Hogan’s Juvenile Grant Planning and Review Council. The Council is Maryland’s State Advisory Group to fulfill guidelines laid out in the Federal Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974. The Council falls under the Governor’s Office of Crime Control and Prevention (GOCCP).

State’s Attorney Charlie Smith commented, “our juvenile justice system plays an underappreciated and critical role in crime reduction and the public safety of our communities.  Funding is not only essential, but it is smart fiscal policy.  I can’t help but once again tout the leadership of this Office on important statewide issues, and congratulate Laura Wilt on her appointment by the Governor.”

Members of the Council must have training, experience, or special knowledge concerning adolescent development, the prevention and treatment of juvenile delinquency, the administration of juvenile justice, and the reduction of juvenile delinquency.  The Governor must appoint a minimum of 15 professionals to the Council, and a maximum of 33.

As part of the Council, Ms. Wilt will take on key objectives including work on aftercare and reentry, juvenile justice system improvement, delinquency prevention, and community-based programs and services. The focus will continue to be on community-based programs that prepare targeted youth to successfully return to their homes and communities after confinement in a training school, youth correctional facility, or other secure institution. These programs focus on preparing youth for release and providing a continuum of follow-up, post-placement services to promote successful reintegration into the community. The Council also addresses programs, research, or other initiatives to examine issues or improve practices, policies, or procedures on a system-wide basis (e.g. examining problems affecting decisions from arrest to disposition and detention to corrections). Delinquency prevention is targeted through programs that meet the needs of youth through collaboration of the many local systems before which a youth may appear, including schools, courts, law enforcement agencies, child protection agencies, mental health agencies, welfare services, health care agencies, and private nonprofit agencies offering youth services.

Laura Wilt

Juvenile Division Chief,

Frederick County State’s Attorney’s Office

Frederick, MD – This morning in Frederick County Circuit Court, a 16-year-old Respondent faced a disposition hearing after pleading guilty to 2^nd Degree Assault in July in connection with the September 2019 attack of John Weed at the Great Frederick Fair. The disposition hearing was closed to the public by order of Judge Julie Solt at the request of the defense. As in all juvenile proceedings, the Judge has the discretion to close the courtroom. The State and victim’s family asked that the Respondent be committed and placed in a juvenile treatment program.  Today, Judge Solt ordered that the Respondent be placed on probation with conditions including anger management.   The Judge scheduled a further disposition hearing this Fall during which he could be removed from the community and placed in a juvenile facility at that time if he is not compliant.

On the evening of September 20^th, 2019, John Weed was enjoying a family night at the fair when he was approached by the 16-year-old juvenile male, his 15-year-old brother, and a couple of their friends.  The 15-year-old teen and another youth asked Mr. Weed for money.  Mr. Weed said “no”.  The youth kept pursuing Mr. Weed, despite family members begging the youth to leave him alone. The respondent pursued the victim, punching him in the back of the head. As Mr. Weed squared up with the respondent, his 15-year-old brother came running from a distance and punched Mr. Weed with such force that photos indicated he likely lost consciousness almost immediately. As Mr. Weed laid unconscious on the ground, the respondent spat on him. Mr. Weed ultimately died of his injuries the next day at Shock Trauma in Baltimore.

The 15-year-old co-respondent in this case pled guilty to manslaughter on April 29, 2020. On May 15^th, Judge William R. Nicklas Jr. followed the State’s recommendation that the respondent be placed in a long-term behavioral modification program.

The family of John Weed attended this morning’s hearing. They have appeared regularly for all of the hearings since the teens arrest in September 2019. Weed’s family supported placement in an appropriate juvenile treatment program for both respondents.

The State was represented by Chief Assistant State’s Attorneys Laura Wilt and Rebecca Clinton.

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Frederick, MD – This morning in Frederick County Circuit Court, a 16-year-old respondent pled guilty to one count of 2^nd Degree Assault in connection with the September 2019 attack of John Weed at the Great Frederick Fair. Judge Julie Stevenson Solt scheduled the Disposition Hearing for August 12th.   At that hearing, the State will ask the Court to commit the youth to a placement with the Department of Juvenile Services.  The State had pursued a waiver to move the 16-year-old’s case to adult court. However, Judge Solt ruled in February that the respondent would remain in the juvenile system.

On the evening of September 20^th, 2019, John Weed was enjoying a family night at the fair when he was approached by the 16-year-old juvenile male, his 15-year-old brother, and a couple of their friends.  The 15-year-old teen and another youth asked Mr. Weed for money.  Mr. Weed said “no”.  The youth kept pursuing Mr. Weed, despite family members begging the youth to leave him alone. The respondent pursued the victim, punching him in the back of the head. As Mr. Weed squared up with the respondent, his 15-year-old brother came running from a distance and punched Mr. Weed with such force that photos indicated he likely lost consciousness almost immediately. As Mr. Weed laid unconscious on the ground, the respondent spat on him. Mr. Weed ultimately died of his injuries the next day at Shock Trauma in Baltimore.

The 15-year-old co-respondent in this case pled guilty to manslaughter on April 29, 2020. During an adjudication hearing May 15^th, Judge William R. Nicklas Jr. followed the State’s recommendation that the respondent be placed in a long-term behavioral modification program.

The family of John Weed participated in this morning’s hearing via video conference. They have appeared regularly for all of the hearings since the teens arrest in September 2019. Weed’s family supported placement in an appropriate juvenile treatment program for both respondents.

The State was represented by Chief Assistant State’s Attorneys Laura Wilt and Rebecca Clinton.

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