Confusion with Courthouse Operations Causes Delayed Bail Hearing in 2018 Homicide Case

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Baltimore resident Jaquan Burks missed his scheduled bail hearing on Aug. 6 because correctional facility officers apparently misunderstood bail hearing Zoom procedures.

Baltimore City Circuit Court Judge Philip S. Jackson presided over Friday morning’s hearing.

According to CBS Baltimore, Burks, 28, fatally shot Emmanuel Cruz on July 9, 2018, outside a bar on the 400 block of N. Haven Street.

On Aug. 26, 2019, he was convicted of first-degree murder, firearm use in a violent crime, firearm possession, and carrying a handgun on his person. Facing life in prison plus 35 years, he appealed his case about one month later.

On April 8, the appellate court reversed his conviction on the grounds that the jury was not asked questions that “concisely describe the fundamental right at stake and to inquire as to a prospective juror’s willingness and ability to follow the court’s instructions as to that right.” Chief Judge of the Court of Special Appeals Matthew J. Fader, along with Judges Terrence M. R. Zic and Charles E. Moylan Jr., remanded his case for trial in 2021.

Burks is currently charged with first and second-degree murder, firearm use in a violent crime, firearm possession with a prior felony conviction, and carrying a handgun on his person.

Burks’ defense attorney, Bradley Shepherd, said his client was unable to attend Friday’s bail review hearing and did not want to waive his presence. Shepherd said the defendant’s mother told him that the Jessup Correctional Institution (JCI), where Burks is being held, thought they needed a phone call from the court first.

However, Judge Jackson said JCI had been sent an email outlining the hearing’s Zoom procedures ahead of time. According to Judge Jackson, bail hearings do not involve phone calls for each defendant.

Both he and Shepherd agreed that it would be helpful to transfer the defendant to another facility with Zoom capability, though it is difficult to guarantee. Shepherd also proposed an in-person bail hearing for his client, but Judge Jackson explained that COVID-19’s new Delta variant made in-person hearings highly unlikely.

Judge Jackson postponed bail review for the case to Aug. 10.