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Judge denies motion to withdraw guilty plea

May 20, 2005|by PEPPER BALLARD

pepperb@herald-mail.com

A motion to withdraw 17-year-old Liley Lee Gordon's guilty plea in connection with an Oct. 23, 2004, carjacking on Outer Drive was denied Thursday by Washington County Circuit Judge Donald E. Beachley, who said there was insufficient evidence that Gordon misunderstood the consequences of his plea.

Gordon's attorney, Elisha Elliott, said Gordon "entered a plea of guilty without full knowledge of the consequences ... He believed he was facing no more than 10 years."

She claimed Gordon, whose last known address was 458 Park Place in Hagerstown, believed anything more than 10 years would be considered cruel and unusual punishment.

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Gordon pleaded guilty Feb. 17 to six charges related to the incident, including unarmed carjacking - the most serious of the offenses - which carries a maximum 30-year sentence.

On March 8, Gordon was sentenced by Beachley to serve 23 years in prison for unarmed carjacking and second-degree assault, according to court records.

Beachley said Thursday that he always goes through a full voir dire, or questioning of the defendant to ensure his plea is voluntary and competent, before he accepts a guilty plea. He said he felt that this case was no different.

Washington County Deputy State's Attorney Joseph Michael said the maximum sentences were written on Gordon's District Court paperwork. He said he remembers Gordon was told in court of the maximum sentences in each case.

"I recall I asked for the maximum," Michael said.

Elliott did not provide a transcript of either the plea hearing or the sentencing hearing.

"The primary basis for this motion is that he received ineffective assistance of counsel," she said.

Elliott alleged Assistant Public Defender Stephen Musselman did not explain the consequences of a guilty plea effectively to her client.

Beachley said those allegations would be better raised in a post-conviction hearing.

According to charging documents, on Oct. 23, 2004, Gordon was driving a pickup truck in the 1100 block of Outer Drive in Hagerstown when he lost control and the truck overturned. Of eight people riding in the truck, six were in the rear bed, records state.

Police allege Gordon then began banging on the front door of a nearby home. When a resident answered, Gordon demanded to use the phone and struck the resident in the face with his fist, records state.

Gordon then found a motorist who had stopped his 2003 Honda Element near the accident to try to help and pulled the driver from the vehicle, police allege in charging documents.

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