Correctional officers' cases postponed

July 27, 2009|By ERIN JULIUS

HAGERSTOWN -- The cases of six former Roxbury Correctional Institution officers charged with second-degree assault in the beating of an inmate at a prison south of Hagerstown were discussed briefly in Washington County Circuit Court Monday.

Deputy State's Attorney Joseph Michael represented the state at the hearing because Assistant Maryland Attorney General Jason Abbott, who is prosecuting the case, was in Allegany County, Md., for a related matter, Michael said.

The hearing was on a request for a continuance of the cases beyond the 180 days from the time the defendants were charged. The 180-day time limit is required to fulfill a defendant's right to a speedy trial. The right to a speedy trial can be waived if good cause is shown.

The cases have been postponed repeatedly due to scheduling difficulties. The state and all six defense attorneys agreed to the continuance.


The cases of Robert Harvey, 63, Tyson Hinkle, 34, Scott Boozel, 28, Keith Morris, 27, Michael Morgan, 39, and Dustin Norris, 25, were continued.

Nine former officers originally were charged in February. Prosecutors in June dropped charges against Reginald Martin, 38, of Chambersburg, Pa.

Timothy Mellott, 23, of Woodbridge, Va., and Lucas Kelly, of Frostburg, Md., agreed May 26 to testify as part of a plea agreement.

Boozel's trial ended June 16 with a hung jury, and a judge declared a mistrial.

On Monday, Washington County Circuit Judge John H. McDowell scheduled Harvey, Morris and Boozel to appear for trial in September. Hinkle, Norris and Morgan are scheduled to appear for trial the first week of October.

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