Who can get justice for Patricia Cunningham?
by Jim Titus, Edgewater PatchCyclists from around the state of Maryland were appalled last week when an Anne Arundel County grand jury failed to indict Whitney DeCesaris for negligent homicide in the death of Patricia Cunningham, an Annapolis High School coach who was killed on Riva Road by Ms. DeCesaris's bad driving. The grand jury did indict her for a few traffic offenses such as negligent driving.
Shortly after the crash, I suggested in a Patch blog that the available information strongly suggested that this was negligent homicide (a misdemeanor with a maximum 3-year prison sentence), and urged people to email the State's Attorney. About 600 people did so, and it's clear that her office seriously investigated the possible homicide. I can not say whether the case was well-presented to the grand jury or not. If not, then the prosecutors can try again to get an indictment. The 5th Amendment's prohibition of double jeopardy does not apply to grand jury investigations. If she pleads guilty to one of the traffic offenses, however, the 5th amendment will bar additional prosecution.
A criminal conviction of Ms. DeCesaris, however, is not the only means of achieving at least a modicum of justice. Of course no one can bring Ms. Cunningham back, so any talk about justice is relative. The goals of criminal punishment include retribution, prevention of additional harm, and rehabilitation. Here are a few other options.
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Drivers License Suspension.
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According to Transportation Article §16-206(5)(i), the Motor Vehicle Administration (MVA) "may suspend the license of a person who is convicted of a moving violation that contributed to an accident resulting in the death of another person" for up to 6 months.
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Fix the Roads
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Do Some Soul Searching
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