Judge Considers Vacating Conviction in 2013 Murder

By Connor Driscoll [former] , Zoe Foringer-Laing [former] - July 21, 2021
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

A 45-year-old man convicted of second-degree murder five years ago may have that conviction thrown out at the Baltimore City Circuit Court.

On July 21, Judge Pamela J. White presided over the case of Baltimore resident Charles Morris. The hearing was originally scheduled for Monday but postponed to Tuesday because the defendant had not been transported to the courthouse. However, the case did not appear on Tuesday’s docket.

Morris, 45, was found guilty of second-degree murder in the killing of David Armstrong after a jury trial in February 2015. Four months later, he was handed a 50-year sentence. He received 30 years for second-degree murder and 20 years for firearm use in a felony crime, carrying a handgun on his person, and firearm possession with a felony conviction.

According to a press release from the Office of the State’s Attorney for Baltimore City, the homicide occurred on Feb. 18, 2013, when Armstrong was fatally shot during a small drug transaction in an apartment on the 4300 block of Adelle Terrace in the Irvington neighborhood.

Morris had previously appealed his conviction in 2017 on the grounds that the jury in his trial was presented with biased evidence and testimony. In that appeal, the prosecution argued that Morris’ objections to evidence were not mentioned during the trial, as required by procedure, and that the presentation of witness testimony was unbiased.

Morris’ defense lawyer also argued that Judge Wanda K. Heard’s sentencing was unfairly influenced by Morris’ past acquittals and his decision to go to trial. However, according to the prosecution, Judge Heard’s remarks did not meet the requirements for an impermissible consideration as judges have “almost boundless discretion” in their sentencing decisions.

Appellate Judge Michael W. Reed agreed with the prosecution and denied Morris’ appeal three years ago.

During the hearing on Wednesday, Morris hoped to overturn his conviction on different grounds. His defense attorney, Natalie Mckeown Finegar, motioned the court to either modify the sentence, conduct a resentencing, or overturn the conviction entirely.

Finegar criticized the service of his former defense attorney, Sean Coleman. Finegar pointed out several times where, in her view, Coleman failed his duty to reasonably represent his client.

Finegar said Coleman failed to notify the court that Morris had been diagnosed with mental health issues, a fact that could have impacted his sentencing. Coleman also failed to file a motion to enforce his client’s constitutional right to a speedy trial, she said, and did not motion for the judge to instruct the jury that “mere presence” at the scene of a crime does not itself indicate the person is guilty beyond a reasonable doubt.

Finegar added that Coleman did not move to replace a juror who fell asleep during the trial. She argued that Coleman should have objected to the mention of Morris’ previous legal cases.

Coleman later testified that his client had never talked to him about his psychiatric diagnoses and that nothing could have been said to change Judge Heard’s mind during the sentencing.

The prosecution argued that all of these issues had little to no impact on the outcome of Morris’ case and that Coleman’s actions were reasonable.

Judge White concluded the hearing by saying that a decision on the matter will be made “as soon as possible.”