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Maryland’s highest court limits use of ballistics evidence at trials

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Maryland’s highest court limits use of ballistics evidence at trials


ANNAPOLIS, Md. — A firearms expert who testified at a Maryland murder trial shouldn’t have been allowed to offer an unqualified opinion that bullets recovered from a crime scene came from the suspect’s gun, the state’s highest court concluded in a ruling that will limit the use such testimony in the state’s courts.

The Supreme Court of Maryland ruled in a 4-3 decision this week in an appeal by Kobina Ebo Abruquah, who was convicted of murder in 2013 after the court allowed a firearms examiner to testify without qualification that bullets at a crime scene were fired from a gun that Abruquah had acknowledged was his.

Chief Judge Matthew Fader, who wrote the ruling, noted that the majority doesn’t question that firearms identification is generally reliable. He wrote that it can be helpful to a jury in identifying whether patterns and markings on “unknown” bullets or cartridges “are consistent or inconsistent with those on bullets or cartridges known to have been fired from a particular firearm.”

Fader also noted that it’s possible that experts who are asked the right questions or have the benefit of additional studies and data may be able to offer opinions “that drill down further on the level of consistency exhibited by samples or the likelihood that two bullets or cartridges fired from different firearms might exhibit such consistency.”

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“However, based on the record here, and particularly the lack of evidence that study results are reflective of actual casework, firearms identification has not been shown to reach reliable results linking a particular unknown bullet to a particular known firearm,” Fader wrote.

Maneka Sinha, a law professor at the University of Maryland Carey School of Law, said it was groundbreaking for a state’s highest court to take a critical look at the scientific foundations of such evidence and find that the type of testimony that courts have been relying on for years is unreliable.

Sinha was on a team of public defenders in the District of Columbia that litigated a trial-level case in which a judge restricted firearms testimony in a similar way.

“While challenges to this type of evidence have been made increasingly, very few high courts have taken up the issue,” Sinha said.

Sinha noted that the District of Columbia Court of Appeals has restricted how firearms examiners are allowed to present testimony.

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The ruling remands Abruquah’s case back to Prince George’s County Circuit Court for a new trial.

In his appeal, Abruquah contended that the court abused its discretion in allowing the firearms examiner’s testimony. The state argued that the examiner’s opinion was properly admitted.

The ruling pointed out that firearms identification has existed as a field for more than a century, and for most of that time it has been accepted by law enforcement and courts without significant challenge. But recent reports have questioned the foundations underlying firearms identification, leading to greater skepticism.

For example, the court noted that reports issued since 2008 by two groups of experts outside of the firearms and toolmark identification fields that have been critical of the Association of Firearm and Tool Mark Examiners Theory, which is the leading methodology used by firearms examiners.

While the lower court concluded that the state satisfied its burden to show that the firearms and toolmark identification methodology has been peer reviewed and published, the majority of justices on the state’s Supreme Court found the evidence to be “more mixed.”

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“The widespread acceptance of the methodology among those who have vast experience with it, study it, and devote their careers to it is of great significance,” the ruling said. “However, we would be remiss were we to rely exclusively on a community that, by definition, is dependent for its livelihood on the continued viability of a methodology to sustain it, while ignoring the relevant and persuasive input of a different, well-qualified, and disinterested segment of professionals.”

The ruling included frequent mentions of the court’s 2020 decision Rochkind v. Stevenson, which updated admissibility standards for expert testimony.

Justice Michele Hotten, one of three dissenting justices, found that the circuit court followed Rochkind “within the letter of the law as prescribed.” She wrote that it was “within the realm of the jury as the triers of fact, to resolve the firearm toolmark analysis and opinion, along with the other evidence presented, in rendering its verdict.”

“The majority appears to conflate the role of the trial judge as gatekeepers, with the evaluation of the science or the expert opinion that is presented for consideration of its admissibility by the judge,” Hotten wrote in her opinion, which was joined by Justice Angela Eaves. “That is not what Rochkind required.”



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Maryland

Jean Rudacille, a State of Maryland human resources administrator, dies

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Jean Rudacille, a State of Maryland human resources administrator, dies


Jean Rudacille, a State of Maryland human resources administrator and cross-country traveler, died of congestive heart failure Dec. 15 at her Perry Hall home. She was 91.

Born in Vandergrift, Pennsylvania, she was the daughter of Alphonse Milito and Amelia Carricato. She moved with her parents to Baltimore in the early 1940s and settled on West 28th Street in Remington. Both parents worked at the Bethlehem Steel shipyards during World War II. The family later settled in Dundalk on Liberty Parkway.

She attended SS. Philip and James and St. Rita schools and was a 1952 graduate of the old Seton High School on Charles Street. She was a member of the Roman Catholic Legion of Mary.

She initially found clerical work at the Bethlehem Steel Sparrows Point plant but disliked the experience. She then joined the office staff of United Steel Workers Local 2610 on Dundalk Avenue.

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She met her future husband, Ralph Lee “Rudy” Rudacille, at the Keystone Lounge on Holabird Avenue. They eloped to Virginia in October 1957. When her future husband told his parents they were eloping, they said, “We’ll go along too.” Also in the wedding party was the groom’s youngest brother, Roger Rudacille.

She then became an office worker for the State of Maryland in its old Office of Personnel in the State Office Building complex on Dolphin Street. She moved within the Maryland government, working for the Department of Transportation in Annapolis before taking a job at the newly opened Francis Scott Key Bridge toll facilities building in 1977.

She hired toll takers and ran state workers’ benefits before retiring in 1992.

Although she and her husband divorced in 1962, they remarried in 1970 at a Las Vegas wedding chapel.

Her daughter Deborah Rudacille said, “She was ahead of her time in many ways — a single working mother when that was unusual. She had gay and Black friends with whom she socialized in the 1950s. She loved to travel, both with and without my dad. We took extended road trips – to Las Vegas, to New Orleans, Montreal and Niagara Falls.”

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They often traveled in a new Plymouth Fury the family nicknamed “Old Paint.”

“After she retired, she and my dad traveled extensively in Europe (London, Paris, Prague, Vienna, Budapest) and in the U.S., including Alaska and Hawaii. In her final years, she loved traveling to New York City and Los Angeles to visit her grandchildren,” her daughter said.

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Her son, Jeff Rudacille, said, “My biggest memory is how after I divorced, she moved in with me. I was still an over-the-road trucker, and she really helped me maintain a stable family with my daughters.”

She was the matriarch of her family and drove her six grandchildren around in a red Buick. She was a fan of pop culture and followed classic films.

“She was a devoted Democrat and progressive,” her daughter said.

Survivors include her daughters, Deborah Rudacille, of Baltimore; a son, Jeff Rudacille, of Perry Hall; six grandchildren; and eight great-grandchildren. Her husband died in 1999.

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Services were held Dec. 23.

Have a news tip? Contact Jacques Kelly at jkelly@baltsun.com and 410-332-6570.



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Soft Opening For Maryland’s First L&L Hawaiian Barbecue (First Look) – The MoCo Show

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Soft Opening For Maryland’s First L&L Hawaiian Barbecue (First Look) – The MoCo Show


Back in September we let you know that L&L Hawaiian Barbecue will open its first Maryland location right here in Montgomery County at 785 Rockville Pike, Suite G, in the Ritchie Center (Rockville). The restaurant is now in its soft opening phase with a ‘first look’ video below.

L&L Hawaiian Barbecue has taken over the space formerly occupied by Superbowl Noodle House, which permanently closed in March. According to L&L Rockville, soft opening hours on Saturday, December 28th will be 11am-9pm with a limited menu and staff training. Hours after that will also be 11am-9pm daily.Follow @LLhawaiianBBQrockville on Instagram for additional information.

L&L’s menu features “Hawaiian comfort food” and offers a mix of Asian and American fusion dishes such as BBQ Beef Bowls, Cheeseburgers, Chicken Katsu, Loco Moco (hamburger patties over rice with brown gravy and fried eggs), and Spam Musubi.

Per the restaurant, “With over 200 locations nationwide, including 70 in Hawaii, the closest L&L locations to Maryland are in Virginia– Annandale, Chesapeake, and Suffolk. According to its website, “In the early years, L&L Hawaiian Barbecue was a successful chain of drive-in restaurants with a reputation for serving fresh plate lunches throughout the Hawaiian islands.

In late 1999, our founders – Johnson Kam and Eddie Flores, Jr. – introduced their signature, Asian and American fusion take on the classic plate lunch to the residents of California. Since then, the concept has found fans around the world and there are over 200 L&L Hawaiian Barbecue restaurants in Hawaii, California, Washington, Nevada, Arizona, Colorado, Oregon, Utah, Texas, New York, North Carolina, Tennessee, Virginia and Japan. Needless to say, in addition to the fresh, culturally-commingling flavors of Hawaii, every L&L meal is infused with the warmth of aloha – the legendary spirit of welcome that makes every guest feel at home.”

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Maryland man accused of pouring whiskey into holy water, throwing tangerines at churches

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Maryland man accused of pouring whiskey into holy water, throwing tangerines at churches


A man has been charged after two incidents at churches in Maryland, including pouring whiskey in holy water and throwing tangerines at parishioners, police said.

St. Mary’s County Sheriff’s Office said in the first incident, suspect Thomas Von Goetz, 56, entered d Holy Angels Catholic Church after 5 p.m. on December 24, approached the altar and dropped an onion.

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A person followed Von Goetz out of the church and police said Von Goetz threw tangerines at the person.

Later that night at Midnight Mass at St. Francis Xavier Catholic Church in Leonardtown, police said Von Goetz disrupted the service by pouring whiskey into the holy water and threatening the parishioners.

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As he was being escorted out, police said Von Goetz attempted to hit people with a whiskey bottle.

Von Goetz was arrested and transported to a hospital for a medical evaluation. Police said he was charged with second degree assault, disorderly conduct, defacing religious property, religions crime against a group, obstructing a religious exercise, threat of mass violence and disturbing the peace.

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