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gbpackfan
07-26-2007, 12:30 AM
JUDGE SAVAGE IS AN ABSOLUTE MORON. Talk about not doing your homework. PLEASE CALL Judge Savage and let her know how you feel about her letting a child molester go free. DO NOT MAKE THREATS. 1-240-777-9372



Wednesday, July 25, 2007

Child rape case falls apart on technicality
When the cops arrested Mahamu Kanneh three years ago in suburban Washington, D.C., they thought they had a pretty good case, for an unthinkable crime. The 23-year-old Liberian immigrant was charged with seven counts involving a 7-year-old girl, including rape and molestation, and two counts of molesting an 18-month-old toddler.
Both girls were his relatives.

Last week, Montgomery County Maryland Circuit Court Judge Katherine Savage ordered that the charges be dropped, because in the two-and-a-half years since the indictment, the court had been unable to find an interpreter who spoke Kanneh's native language -- Vai -- and who could stay the course of the trial. And that, said the judge, violated Kanneh's right to a speedy trial. The Washington Post, which broke the story last week, reported that a court-appointed psychiatrist had recommended that an interpreter be used and the court found four interpreters, but that none worked out for various reasons.

Vai is an extremely rare language spoken by an estimated 100,000 people in Liberia and Sierra Leone, countries where English is the official language. But it's not so rare that you can't find an interpreter. What the court couldn't do in two-and-a-half years took us about two-and-a-half hours. On tonight's show, you'll meet our interpreter, a cultural anthropologist from Vai country, who speaks excellent English, Vai, several other African languages, not to mention Swedish, Norwegian, and Danish. He told us he would be willing to serve as a translator, because as a resident alien in the United States, he felt he could not refuse a request from a country where he is a guest. He lives less than 10 miles from the courthouse. He says he was never contacted by the court.

There are other serious questions about this case, such as, did Kanneh even need an interpreter?

The police say he spoke to them in English. The prosecutors say he attended Montgomery County Public Schools, where kids who don't speak English are put through rigorous English as a second language classes. We checked that out and were told that Kanneh graduated from an excellent county high school, Magruder High, in 2005. You can't graduate from Magruder unless you take four years of English. Kids who have trouble with English are assigned to English for Speakers of Other Languages courses, also known as ESOL classes. Kanneh, we were told, never did an ESOL course, an indication his teachers at least thought his English was good enough.

We also talked to a man who lives across the hall from Kanneh in a small Rockville apartment building. He said he's spoken to Kanneh briefly on several occasions and that his English was just fine.
We asked for an interview with the judge, with the court clerk responsible for finding interpreters, and with kanneh's attorney. All declined because the Montgomery County State's Attorney is appealing the judge's ruling. But if that appeal fails, Kanneh cannot be prosecuted on the original charges. He'll either be a guilty man walking free, or an innocent man with a terrible reputation. Either way, justice has not been served.


-- By Steve Turnham, CNN Producer

GrnBay007
07-26-2007, 12:41 AM
.......And then they wonder why some parents take the law into their own hands and deal with the slimebag. :(

packinpatland
07-26-2007, 06:55 AM
Defies logic.

MJZiggy
07-26-2007, 07:42 AM
It's small, but at least I know I can vote against this judge in the next election. the story is right. There is a very strong ESOL program in Montgomery County and there is no reason for this. Hopefully the State Attorney prevails here and the thing proceeds.

gbpackfan
07-26-2007, 08:21 AM
CALL HER! What an absolute twit. Everytime I read over this story I get angry again.

MJZiggy
07-26-2007, 08:51 AM
Oh. Right. Duh!

Fosco33
07-26-2007, 06:06 PM
Montgomery County Police told FOX News on Tuesday that Kanneh is a considered a "free man" under the current ruling — and jail officials say he was not required to surrender his passport.

The county prosecutor's office, however, said Monday that it still considers the case a pending criminal matter. A spokesman for the Montgomery County State's Attorney did not have an immediate response when asked for comment about Kanneh's travel status.

That Kanneh is free to roam might make a difference in a case that is now going into a possibly lengthy appeals process.

The Maryland Attorney General's Office handles all criminal appeals in the state, but spokeswoman Raquel Guillory warned that the case is not going to be resolved overnight.

"It's not going to be something that happens in the next two weeks or anything like that," Guillory said. She said it could even be two to three months before the case goes before the panel of judges on the Maryland Court of Special Appeals, the state's second-highest court. And there's no telling how long it would be before the court issued a ruling in the matter.

She noted that a felony rape case appealed by the defense was argued in March before the Court of Special appeals, but a ruling has yet to be issued.

Should the state fail to overturn Savage's ruling at this stage, state lawyers likely would have up to two more chances. The state could then file for certiorari — basically a request to be heard before the state's highest court. If certiorari is denied, then Savage's ruling is upheld. If the court grants certiorari, the state could then argue before the state high court. But because there are no federal charges involved, the case cannot be appealed to the U.S. Supreme Court.

On July 17, Montgomery County Circuit Judge Katherine Savage dismissed Kanneh's case only days before it was set to go to trial. Noting several continuances, including ones that were because of problems finding translators, she said, "What we come back to when too much time has passed is that it's the defendant who holds speedy trial rights."

Yet on July 17 an interpreter was in the court translating the proceedings for Kanneh.

In connection with the toddler, Kanneh was charged with one count of sexual abuse of a minor, and one count of third-degree sexual offense. The other seven counts of the case — which included second-degree rape, sexual abuse of a minor and second- and third-degree sex offense — related to the 7-year-old. Both girls were nieces, according to court documents.

Monday, Montgomery County State's Attorney John McCarthy that the delays were the court's fault because it was unable to make sure interpreters were present, not any fault of his office. He added that interpreters were able to appear on four other occasions throughout the case. He vowed to fight the ruling in the state's appellate system, reinstate the charges and take the case to trial.

A spokesman for McCarthy's office on Tuesday said he was confident the courts would rule in the prosecutors' favor but declined to say what would happen if they lost the appeal.

"We are confident we are going to prevail, and we're not going to deal in hypotheticals of defeat," spokesman Seth Zucker said.

But a Maryland attorney in private practice who handles criminal cases in the appellate courts said it's not clear yet who has the upper hand in the case.

"Far more cases get affirmed than get reversed," said Andrew Levy, who also is a law professor.

But on the other hand, appeals by prosecutors succeed "far more often than do defense appeals," tipping the balance toward prosecutors.

He said that judges generally do not take speedy trial decisions lightly, and said Savage "must have thought it was not a close call if she dismissed a case. ... It does not happen very often to get a case dismissed on these grounds."

"She must have felt that the prosecution had nine lives, and this was the tenth," Levy said