New trial in Md. gang case
The first man convicted under Maryland's gang law has been granted a new trial.
Twenty-eight-year-old Dajuan Marshall was found last month to have killed a rival gang member in 2008. But his conviction was vacated Friday after Baltimore Circuit Judge George Russell heard testimony about juror misconduct, including an allegation that a juror looked up Marshall's criminal record on the Internet.
Russell said the state presented “overwhelming evidence” of Marshall's guilt but said he had no choice but to declare a mistrial.
Margaret Burns, a spokeswoman for the city State's Attorney's office, says the ruling was “quite a disappointment” but that prosecutors will try the case again.
Marshall had faced a maximum of life in prison for the murder conviction and another 20 years for participation in a criminal gang resulting in death.
-- The Baltimore Sun
Washington Post Editors
September 13, 2010; 7:33 AM ET
Categories: Baltimore , From the Courthouse , Gangs , Homicide
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