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Maryland Supreme Court hears arguments on child sex abuse lawsuits

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Maryland Supreme Court hears arguments on child sex abuse lawsuits


ANNAPOLIS, Md. — The Supreme Court of Maryland heard arguments on Tuesday about the constitutionality of a 2023 law that ended the state’s statute of limitations for child sexual abuse lawsuits following a report that exposed widespread wrongdoing within the Archdiocese of Baltimore.

The arguments, which lasted several hours and often veered into highly technical legalese, largely focused on the intent of the Maryland legislature when it passed a preceding law in 2017 that said people in Maryland who were sexually abused as children could bring lawsuits up until they turned 38.

A ruling from the state’s highest court is expected in the coming months.

Gov. Wes Moore, a Democrat, signed the Child Victims Act into law last year — less than a week after the state’s attorney general released a report that documented rampant abuse committed by Baltimore clergy spanning 80 years and accused church leaders of decades of coverups.

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The report, which is nearly 500 pages, included details about more than 150 Catholic priests and others associated with the Archdiocese of Baltimore abusing over 600 children. State investigators began their work in 2019. They reviewed over 100,000 pages of documents dating back to the 1940s and interviewed hundreds of victims and witnesses.

Days before the new law was to take effect Oct. 1, the archdiocese filed for bankruptcy to protect its assets ahead of an anticipated deluge of litigation. That means claims filed against the archdiocese will be relegated to bankruptcy court, but other institutions such as Catholic schools and individual parishes can still be sued directly.

All lawsuits filed under the Child Victims Act have been placed on hold pending a decision from the Maryland Supreme Court. Lawmakers had anticipated such a challenge on constitutional grounds and included a provision in the law outlining that process.

While the court’s ruling will have wide-reaching effects for child sex abuse cases in Maryland, the oral arguments Tuesday centered on a seemingly small technical issue involving the earlier 2017 law change that established the cutoff at age 38.

The question at hand is whether a provision in the 2017 legislation was written in such a way that permanently protected certain defendants from liability. Answering that question likely requires the court to decide whether the provision should be considered a statute of limitations or a so-called statute of repose.

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Attorneys for defendants facing liability claims under the new law contend it’s a statute of repose, which they say can’t be modified because it includes a “vested right to be free from liability.”

“As a general matter, of course, a legislature may repeal existing laws and substitute new ones. But it may not do so in a manner that destroys substantive rights that have vested under the terms of existing law,” the Archdiocese of Washington wrote in a brief filed ahead of oral arguments.

Attorneys representing businesses, insurance companies and Maryland civil defense lawyers also raised concerns in a supporting brief about issues surrounding witness testimony and record retention in cases being filed decades after the fact.

But the most substantive arguments before the court Tuesday focused on legislative intent.

Attorneys for abuse survivors asserted that when the Maryland General Assembly passed the 2017 law, legislators clearly did not intend to prevent future lawmakers from reconsidering the issue and altering the time limits on civil lawsuits. The law may have included the term “repose,” but that doesn’t mean the legislature wanted to make it permanent, attorneys argued.

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“There is a debate between that label — statute of repose — and the actual operational function of the act,” attorney Catherine Stetson told the court’s seven justices, arguing that the court should consider the statute’s structure, operation and full text rather than looking at “a word in a vacuum.”

“Child sexual abuse is a scourge on society, and it often takes survivors decades to come to terms with what they suffered,” victims’ attorneys wrote in a brief. “It is hard to imagine a law more rationally related to a legitimate governmental interest than this one.”

Some justices expressed skepticism about whether state legislators in 2017 knowingly chose language with the intention of limiting the powers of their successors.

“If it had that significance, wouldn’t you expect that there would be more explanation in the legislative record?” Chief Justice Matthew Fader asked. “Wouldn’t that have popped up somewhere?”

Attorneys for the Archdiocese of Washington and the Key School, a small private school in Annapolis, asserted that the legislature was clear and unambiguous in its language.

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“The General Assembly meant exactly what it said,” attorney Sean Gugerty told the court. “The plain language of the statute is what controls the analysis.”

Justice Brynja Booth pointed out that interpreting the law isn’t always cut and dry.

“Don’t we often look beyond a label … to look at the characteristics to determine what it actually means,” she said.



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Maryland Ranks as 2nd Happiest State in Country

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Maryland Ranks as 2nd Happiest State in Country


WalletHub’s “2024 Happiest States in America” report, released Monday, ranks Maryland as the second happiest state in the United States.

To determine happiness, WalletHub compared states across three key dimensions: well-being, work environment, and community, using 30 metrics.

Maryland ranked in the top five for several metrics, including the fourth-lowest suicide rate and an unemployment rate of 2.9%.

Maryland leads the nation in households earning over $75,000, and its residents rank third in job satisfaction and motivation.

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A panel of experts, including Peter Harms, a professor at the University of Alabama, answered questions about happiness. Harms noted, “Money doesn’t bring happiness, but a lack of money brings unhappiness.”

Wondering which state is the happiest? Hawaii ranked number one.



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Mother of murdered Maryland mom Rachel Morin to testify on Capitol Hill on immigration policies

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Mother of murdered Maryland mom Rachel Morin to testify on Capitol Hill on immigration policies


Mother of murdered Maryland mom Rachel Morin to testify on Capitol Hill

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Mother of murdered Maryland mom Rachel Morin to testify on Capitol Hill

01:03

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BALTIMORE – Patty Morin, the mother of murdered Harford County resident Rachel Morin, is expected to testify on Capitol Hill on Tuesday on the U.S.-Mexico border crisis and Biden Administration immigration policies.

Morin, a mother of five, was killed off the Ma & Pa Trail in August 2023 allegedly by a man who was in the country illegally. 

After a 10-month nationwide manhunt, Victor Martinez Hernandez was arrested in Tulsa, Oklahoma in June. He was extradited to Maryland where he has been charged in Morin’s murder.

Martinez Hernandez, who has been indicted by a grand jury and awaits trial, allegedly left his home country of El Salvador in February 2023 after an arrest warrant was issued for the murder of a woman, according to law enforcement. He was also connected to a home invasion and assault of a child in Los Angeles.

Patty Morin will testify before the House Committee on the Judiciary at a hearing titled “The Biden-Harris Border Crisis: Victim Perspectives.”

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She will provide her insights as a mother of a victim of an alleged illegal immigrant.

According to her attorney, Patty Morin will “honor Rachel’s memory and address how current border policies contributed to the devastating loss of her daughter.”

“Patty’s courage in speaking out during such a difficult time is admirable,” said Randolph Rice, the Morin family attorney. “This hearing provides a crucial platform to shed light on the consequences of our nation’s border policies, and we hope her voice helps create meaningful change.” 

Patty Morin sat down with WJZ’s Jessica Albert for an exclusive one-on-one interview after an arrest was made.  

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Arrest of illegal immigrant previously convicted of rape in Maryland marks record for ICE

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Arrest of illegal immigrant previously convicted of rape in Maryland marks record for ICE


Immigration authorities in Baltimore, Maryland, have arrested 153 illegal immigrant sex offenders this fiscal year, a record, with the latest being a Honduran man who was deported from the United States after he was previously convicted of raping a Maryland resident. 

The Enforcement and Removal Operations branch under U.S. Immigration and Customs Enforcement (ICE) said last week that Madai Gamaliel Amaya was taken into custody on Aug. 29 in the suburb of Montgomery Village.

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Madai Gamaliel Amaya, a convicted rapist, has been deported from the United States multiple times, authorities said. (ICE)

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“This is a landmark arrest for ERO Baltimore, in that they secured a record 153 noncitizen sex offenders arrested in their area of operations during a single fiscal year, but more importantly, there are 153 victims who need not fear their predators because of ERO officers,” said ERO Executive Associate Director Daniel Bible. 

Amaya initially illegally entered the U.S. at an unknown date and place years ago, ICE said. On Jan. 8, 2009, he was arrested by Montgomery County police and charged with second-degree rape. 

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He was convicted months later and sentenced to 10 years in prison and three years of supervised probation upon his release. Two years and six months of the sentence was suspended by a judge. ICE filed a detainer request in 2010 with local authorities and Amaya was deported in 2013. 

On July 27, 2016, Amaya was caught trying to illegally enter the U.S. by U.S. Border Patrol agents near Hidalgo, Texas. He was convicted of unlawful entry in 2017 and sentenced to 30 months in an Oklahoma federal prison. 

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He was deported once again in 2018. He then entered the U.S. again at an unknown date. 

His most recent arrest came last month and he remains in custody pending deportation proceedings, authorities said.   



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