Press Releases

FREDERICK – This afternoon, Frederick Circuit Court Judge William R. Nicklas Jr. rendered a verdict in the trial of Dr. Ernesto Cesar Torres. Nicklas found Torres Not Guilty of 2^nd degree rape, Guilty of 2^nd degree assault, and Guilty of 4^th degree sex offense. Sentencing will be held before Judge Nicklas on December 19th.

State’s Attorney Charlie Smith reacted, “I want to first thank the victim for her bravery in coming forward and testifying, her parents for their patience in the process, and the prosecution team for their dedication to this case and our community.”

Smith added, “I have to respectfully disagree with this verdict.  The judge just got this one wrong.  There is no way that someone in a position of trust, who uses that position to violate and molest their patient, did not force themselves upon them. It was force of a different kind, but force nonetheless.”

The trial started on Tuesday following the defendant waiving his right to a jury trial. In a bench trial, the Judge listens to arguments and renders a verdict that includes the finding of facts.

On April 26^th, 2019, the 18-year old female victim, who was a lifelong patient of Dr. Torres, went to his office on Thomas Johnson Drive for a follow-up appointment to discuss her anxiety medication. According to the testimony of Torres’ office staff, these types of appointments, referred to as “multiple problem appointments”, were held in the late morning and late afternoon due to their generally longer duration. The victim arrived for her appointment around 4pm that Friday afternoon. A nurse took her back to an examination room to take her vitals. Approximately 10-15 minutes later, Dr. Torres entered the room. Torres checked the victim’s eyes and ears, asked about anxiety, and tested her joints. During the examination, the victim began to experience symptoms of anxiety. Torres had the victim lay down on the exam table, and started to examine her abdominal region, at which point his hand went into the victim’s pants for several minutes. It was during this time that Torres’ hand touched the victim’s vagina. After the victim cried and had a runny nose, Torres grabbed a tissue for the victim and the sexual assault ended. The victim and Torres then spoke for a length of time about various topics, and he gave her a hug. The office staff left the building around 4:30pm that day. Dr. Torres was left alone with the victim for a significant period of time. He eventually walked her out and she drove home. She immediately went to her room to take a shower. The following day, she reported the incident to her mother. On Sunday April 28^th, the victim and her mother decided to tell her dad. At that point, they went to the Frederick Police Department to file a report and make a written statement. The initial report was taken by Officer Ashley Antczak and forwarded to CID. Shortly thereafter, Officer Antczak responded to the victim’s residence to recover the pants she was wearing the day of the incident. Detectives Joe Palkovic and Sean McKinney visited Dr. Torres on Monday April 29^th to confirm that the victim was his patient and that she has an appointment with him Friday April 26^th. Torres confirmed that he saw the victim that day. The detectives asked Torres if he would provide a DNA swab. He agreed, and detectives left briefly to gather the necessary materials from the police department. Upon their return, Dr. Torres admitted in an audio-recorded interview that he probably touched the patient’s vagina.

Detectives recommended charges to the States Attorney’s Office, which were then presented to the Frederick Grand Jury on May 3, 2019. The Grand Jury found there was sufficient evidence to charge Dr. Ernesto Torres with 2nd Degree Rape, 2nd Degree Assault, and 4th Degree Sex Offense.

FREDERICK – Today in Frederick County Circuit Court, Rudolph Jericho Smith, age 37, of Frederick, MD entered an Alford plea to 3 Counts of Second Degree Assault and 3 Counts of Knowingly Attempting to Transfer HIV. Sentencing was postponed at the request of both the State and Defense. An Alford plea is a type of guilty plea, where the Defendant does not formally admit guilt, but acknowledges that the State has sufficient evidence to convict them. Sentencing for Smith is scheduled for November 4^th, 2019 at 9am before the Honorable Judge Julia Martz-Fisher. Smith will remain held without bond at the Frederick County Adult Detention Center until sentencing.

The Frederick Police Department began an investigation into Rudolph Smith during the summer of 2017, when separate women disclosed their belief that Rudolph Smith had infected them with HIV. Considerable time in the investigation was spent trying to determine whether or not Mr. Smith was HIV positive, and whether he was aware of that fact. It was eventually established that Rudolph Smith was aware that he was HIV-positive but continued to have unprotected sex with women without informing them of his status.

In response to the plea agreement, State’s Attorney Charlie Smith commented, “The facts of this case are still very disturbing to me. For someone to intentionally transmit a disease such as this is horrible. These victims will have to live with this for the rest of their lives.”

FREDERICK – On Wednesday August 7th, 2019, Ean Davis-Lattimore, age 18, of Frederick entered a guilty plea to Voluntary Manslaughter in connection with the shooting death of Genesis McCarter-Berretto, and wounding of a juvenile male victim. The Honorable Judge Julie Stevenson Solt sentenced Davis-Lattimore to 10 years in the Division of Corrections.
In the early morning hours of May 13, 2018, police were called to a house in the 1800 Block of Weybridge Road in Frederick for reports of a shooting. Upon arrival, police found two shooting victims. An 18-year-old female victim identified as Genesis McCarter-Berretto was suffering from a gunshot wound to the neck. Police and EMS officials attempted to treat the victim, but she was pronounced dead on scene. A juvenile male victim was taken an area hospital for treatment of a non-life threatening gunshot wound to the leg.
Witnesses told detectives that Davis-Lattimore had been attending a party at the house on Weybridge Road when a physical altercation occurred. The altercation found its way outside to the front of the home where witnesses described Davis-Lattimore firing a gun in the direction of the house. Eight shell casings were recovered from the front driveway of the residence. Additionally, bullet holes were found on the front of the home. Davis-Lattimore was identified by witnesses and admitted to detectives that he was at the party and got into an altercation.

Frederick– Today marks the final day at the Frederick County State’s Attorney’s Office for longtime prosecutor Lindy Angel. Born in Hollywood, California, she moved east to Maryland. In 1975, Angel worked as a high school intern for the SAO. Thanks to her positive experience, she was recruited by a commissioner to interview for a Frederick District Court Clerk job. She worked hard as a Clerk, pairing a full-time day job with a demanding law school schedule driving to Baltimore at night. In May 1988, she graduated in the top 10% of her class at the University of Baltimore School of Law. Following her graduation, she worked as a judicial clerk for Judge William W. Wenner in the Court of Special Appeals of Maryland.

June of 1990 proved to be a turning point in Lindy’s career. She was hired as an Assistant State’s Attorney for Frederick County by former State’s Attorney Lawrence Dorsey. As a District Court prosecutor, she worked hard to handle the demanding dockets for misdemeanor and motor vehicle cases. It was when Angel was promoted to the Circuit Court Child Abuse Unit that she found her calling. Defending victims of child abuse, sexual assault, and family violence became a personal and passionate mission in her life.

In reflecting on her time at the State’s Attorney’s Office, Angel commented, “ There are so many people that have influenced my career as a prosecutor, I learned so much from so many just watching and soaking it all in. Judge Wenner stands out as having shaped my lawyering the most. Being a prosecutor is without question the best job ever. It carries tremendous responsibility, and I can say that the job gave back to me all that I gave the job, and more. The best part is the children that our office and agency colleagues have helped. So many faces I will never forget.”

Lindy is grateful to State’s Attorney Charlie Smith for his leadership and example in helping to construct her courtroom presentation. “Charlie is a really good trial attorney, and a really good cross-examiner. Watching him is how I honed my cross-examine skills,” Angel reflected.

State’s Attorney Charlie Smith expressed his gratitude for Lindy’s hard work in pursuing justice for victims stating, “Lindy is one of the most accomplished family violence prosecutors in the State. She leaves a legacy of knowledge, passion and tenacity, and has set the bar for prosecutors to come. The Office will surely miss her friendship, experience, and knowledge.”

Lindy is looking forward to continuing her public service in Frederick County. She will start a new job as a District Court Commissioner at the Frederick County Adult Detention Center in two weeks.

The State’s Attorney’s Office would like to thank Lindy Angel for her dedication to public safety over the past 30 years. We are grateful for the sacrifices that our staff members make in the pursuit of justice and defense of victims.

J. Charles Smith III

State’s Attorney for Frederick County, Maryland

FREDERICK- On July 8^th, 2019, the Maryland Court of Appeals approved the creation of the Frederick County District Mental Health Court. The new Problem Solving Court will serve defendants affected by mental health issues. It will be one of only a handful of Mental Health Courts in the State of Maryland. Currently, Frederick County also has a Drug Treatment Court. Creating innovative solutions to work with offenders has been a top priority for Frederick County State’s Attorney Charlie Smith.

Smith commented, “This has been a passion of mine for many years. Unfortunately, previous attempts were unsuccessful. We now have all of the pieces in place to launch what I consider a legacy program in Frederick County.” One of the greatest challenges facing the criminal justice system has always been recidivism rates. Smith added, “The revolving door involving these offenders was quite frankly frustrating. We would prosecute them, incarcerate them, and they would be back out on the streets doing the same offenses. I consider this crime fighting and an improvement to our public safety.”

Following the closure of many state mental hospitals in the 1980s, jurisdictions around the country struggled with mentally ill offenders. Starting in the 1990s, the criminal justice system found few alternatives to incarceration. With only a small number of mental health facilities in operation, the hope was offenders would get some form of therapy or medication while behind bars. In reality, the system was unable to provide that level of treatment. Problem Solving Courts are designed to provide treatment and accountability, so offenders can be rehabilitated while in our community.

The Frederick County State’s Attorney’s Office has observed high recidivism with defendants with mental illness repeatedly arrested for low-level offenses such as shoplifting, trespassing, vandalism or disorderly conduct. Our case management system calculated 845 individual cases between 36 defendants over the last three years, averaging of 23 cases per individual.

State’s Attorney Smith believes these Problem Solving Courts not only aid offenders in getting their life back on track, but it helps the taxpayers as well. The goal is simple, treat mental health and substance abuse issues so that offenders have the necessary resources to return to our community as productive law-abiding citizens.

Joyce King, Smith’s Chief Counsel, was instrumental in getting the proposal submitted to the Judicial Council Committee on Specialty Courts. Following the approval, the State of Maryland awarded $100,000 for the first fiscal year of operations to fund a full-time Mental Health Court Coordinator and Clinician, as well as a part-time panel Public Defender. All of this could not have been possible without the assistance and cooperation of the Hon. Judge Dino Flores, Hon. Judge Earl Bartgis, Mary Riley of the Maryland Public Defenders Office, Hilari Young of Parole and Probation, Andrea Walker of the Local Behavioral Health Authority, and all partners of the Mental Health Public Safety Collaborative Committee.

The Frederick County Mental Health Court hopes to be operational by Fall 2019 after the positions are filled by Behavioral Health Services Division/Local Behavioral Health Authority of the Frederick County Health Department.