Sheila Dixon trial
Encyclopedia
Sheila Dixon
Sheila Ann Dixon served as the forty-eighth Mayor of Baltimore, Maryland. When former Mayor Martin O'Malley was sworn in as Governor on January 17, 2007, Dixon, a Democrat, became mayor and served out the remaining year of O'Malley's term. In November 2007, she was elected mayor...
, the former mayor of Baltimore
Baltimore
Baltimore is the largest independent city in the United States and the largest city and cultural center of the US state of Maryland. The city is located in central Maryland along the tidal portion of the Patapsco River, an arm of the Chesapeake Bay. Baltimore is sometimes referred to as Baltimore...
, started on November 9, 2009. It is the first of two scheduled trials for Dixon on a variety of charges. The charges stem from alleged corruption on the part of the mayor involving gifts she allegedly received and gift card
Gift card
A gift card is a restricted monetary equivalent or scrip that is issued byretailers or banks to be used as an alternative to a non-monetary gift....
s she allegedly stole.
A verdict was reached on December 1, 2009. Dixon was convicted on one count of misappropriation of gift cards. The jury was hung on one other count, and all others resulted in acquittal.
The case against her has left speculation about her future. While the city of Baltimore has no provision for removing a mayor from office, the State of Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
's constitution disqualifies anyone who has a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
conviction from serving in elected office. On January 6, 2010, Dixon announced she would step down as mayor on February 4, 2010.
The charges against her also resulted in a snub by President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
. Obama reversed an invitation of Dixon to the White House
White House
The White House is the official residence and principal workplace of the president of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical...
in a conference of 70 mayors, supposedly due to the charges she was facing. This was despite the fact that Dixon had endorsed Obama for president during the election and his arrival in Baltimore days before the inauguration.
Investigation and indictment
On June 17, 2008, investigators from the Office of the State Prosecutor executed a search and seizure warrantSearch warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
at Dixon's residence in southwest Baltimore. The result of, or purpose for the search was not immediately revealed by investigators. However, several subpoenas were issued to aides, and local reports indicate that the investigation includes a look at gifts, including several fur coats, as well as Dixon's spending habits. Two of Dixon's associates, campaign chair Dale Clark, and Mildred Boyer, a businesswoman who had hired Dixon's sister, pleaded guilty in Spring 2008 to tax charges and are cooperating with prosecutors in the Dixon investigation. The affidavit
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...
filed to support a search warrant on the company Doracon was published on the Baltimore Sun's website on June 23, 2008. The affidavit states that Dixon is being investigated regarding bribery
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
.
On January 9, 2009, Dixon was indicted by a Baltimore Grand Jury on twelve counts, comprising four counts of perjury, two counts of misconduct, three counts of theft, and three counts of fraudulent misappropriations.
Dixon continued her work following her indictment, despite the charges.
The case was later dropped, but a new set of charges were filed after the evidence was re-organized.
Dixon's trial, originally scheduled for September 8, 2009, was postponed to November 9, 2009.
Charges
Dixon's indictment includes the following charges:- Four counts of perjuryPerjuryPerjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
for failure to list gift cards on financial disclosure statements from the fiscal years 2004-2006. - Three counts of theftTheftIn common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
of more than $500 of gift cards that she had solicited for donations to needy families, but had used for personal use. - Three counts of fraudulent misappropriation by a fiduciary for the use of the gift cards on various dates at various stores.
- One count of corruptly stealing and converting for her own use Toys R Us gift cards purchased by Baltimore City.
- One count of misconduct in office.
The trial
The trial for all the non-perjury charges opened on November 10, 2009 with a plea of not guilty.Dixon's response to trial
Despite her career and freedom being on the line, Dixon has held the attitude throughout the trial that it'll be "business as usual" for the city of Baltimore, as she has best attempted to do her job as mayor around the court schedule. Outside of court hours, she has continued to conduct city business, make appearances, and stated she is taking it "one day at a time".She reported "excitement" about the trial, due to the prospect of putting it behind her.
Participants
Dennis M. Sweeney, a retired Howard CountyHoward County, Maryland
-2010:Whereas according to the 2010 U.S. Census Bureau:*62.2% White*17.5% Black*0.3% Native American*14.4% Asian*0.0% Native Hawaiian or Pacific Islander*3.6% Two or more races*2.0% Other races*5.8% Hispanic or Latino -2000:...
judge, was appointed to be the judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
presiding over the trial.
Arnold M. Weiner
Arnold M. Weiner
Arnold M. Weiner is an American lawyer in Maryland who represented former Baltimore Mayor Sheila Dixon, former Maryland Governor Marvin Mandel and former United States Representative Edward Garmatz...
was Dixon's lead defense attorney.
Key witnesses
Ronald Lipscomb was originally scheduled to testify against Dixon as part of a plea deal. Lipscomb dated Dixon in 2004, and was alleged to have provided Dixon with gifts. As a developer, he had won contracts in some high-profile projects around the city. Lipscomb ultimately did not testify because the prosecution believed that the defense would attack his credibility. This led to two of the seven charges being dropped.Jury selection
The initial days of the trial were dedicated to jury selectionJury selection
Jury selection are many methods used to choose the people who will serve on a trial jury. The jury pool is first selected from among the community using a reasonably random method. The prospective jurors are then questioned in court by the judge and/or attorneys...
. It was recommended by media that the defense select middle-aged African-American females, similar to Dixon.
The state made an unusual move of hiring a private consultant for the trial. Ronald Matlon, a retired Towson University
Towson University
Towson University, often referred to as TU or simply Towson for short, is a public university located in Towson in Baltimore County, Maryland, U.S...
professor, was hired to help the state in selecting jurors.
Twelve jurors were picked, along with six alternates.
Dixon left the courtroom after the first day describing the trial to reporters as "interesting."
Dropping of two charges
On November 17, 2009, two of the charges were dropped. These charges pertained to those for which Lipscomb was supposed to testify. The judge ruled that without his testimony, there would not be enough evidence that would allow for conviction. This left five charges remaining.Deliberations
DeliberationDeliberation
Deliberation is a process of thoughtfully weighing options, usually prior to voting. In legal settings a jury famously uses deliberation because it is given specific options, like guilty or not guilty, along with information and arguments to evaluate. Deliberation emphasizes the use of logic and...
s proceeded for seven days without a verdict. During that time, the foreperson sent mulitple requests to the court for more information and instructions.
One juror had questions regarding whether Dixon acted with "the intent to deprive the owner of property." The juror wanted to know if intent could be determined by the actions of the defendant at the time of the action, or at a later date. The judge did not provide specific guidance and told the juror to refer to the juror's instructions.
Guilty verdict
On December 1, 2009, the jury found Dixon guilty on one charge of misdemeanor embezzlement for violating her fiduciary duties to the city and citizens of Baltimore by using approximately $530 in retail store gift cards intended to be distributed to needy families.She was found not guily on two more serious felony theft charges, and not guilty on one charge of misconduct of office. The jury was unable to come to a verdict regarding a second charge of misdemeanor embezzlement.
Response to verdict
Responses to the verdict from the jurors and citizens around the Baltimore area were mixed.One juror, Elaine Pollack, known as "Juror no. 11," admitted after the jury that she had kept secret from her family and employer that she was a juror throughout the trial, and her mother did not know at the Thanksgiving dinner that she had been entertaining a Dixon juror. Pollack had also encountered Dixon during the trial when she attended the unveiling of a new flamingo at Cafe Hon
Cafe Hon
Cafe Hon is a restaurant in the Hampden area of Baltimore, Maryland and site of the annual HonFest every June.-History:Opened by University of Baltimore graduate and gourmandizer Denise Whiting in 1992, Cafe Hon takes its name from a common term of endearment used by Baltimore residents for years...
, an event at which Dixon was present. Pollack was also one of several jurors who texted each other via Facebook, prompting, in part, Ms. Dixon's post trial motions.
Return to work while awaiting sentencing
In the days following the conviction, Dixon returned to her job as mayor. Under the Maryland Constitution, Article XV, section 2, an elected official of Maryland or any incorporated municipality in the state of Maryland is suspended from office once convicted of a felony or misdemeanor relating to his or her duties and responsibilities. Although a jury had found Dixon guilty on one misdemeanor count, she is not "convicted" until sentenced by Judge Dennis Sweeney, thus allowing her to remain in office. Judge Sweeney has yet to set a date for sentencing.Former Baltimore mayor Kurt L. Schmoke stated that Dixon owed her constituents an apology.
Resignation
On January 6, 2010, as part of a plea agreement reached with prosecutors, Dixon announced that she was resigning as Mayor, effective February 4, 2010. Under the terms of the agreement Dixon will get probation before judgment (PBJ) in the recent case where she had been found guilty, as well as in a perjury trial that had been scheduled for March, 2010. Under the Criminal Procedure Article, sec. 6-220 of the Annotated Code of MarylandAnnotated Code of Maryland
The Annotated Code of Maryland, published by The Michie Company, is the official codification of the statutory laws of Maryland. It is organized, by subject matter, in two sets of volumes...
, a PBJ is not a conviction, thereby enabling her to keep her $83,000 pension. Also, under Maryland law, a PBJ may be expunged
Expungement
In the common law legal system, an expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed, thereby making the records unavailable through the state or Federal repositories. If successful, the...
from one's record once the probationary period is over.
Dixon was sentenced to four years of probation under the terms of the agreement. She also will be required to donate $45,000 to the Bea Gaddy Foundation and to serve 500 hours of community service at Our Daily Bread. In addition, she has agreed to sell gifts she received from developers, including a fur coat and electronics that she purchased with gift cards. She agreed to not seek office in the city of Baltimore or state of Maryland during the term of her probation and she will not solicit or accept taxpayer money to pay her defense fees.