Co-Defendants Receive Trial Date Nearly 3 Years After Homicide

By Connor Driscoll [former] , Andrew Michaels - August 17, 2021
Court | Daily Stories | Homicides |

Two co-defendants in a 2018 homicide were given a tentative March 2022 trial date at the Baltimore City Circuit Court on Aug. 16.

Baltimore residents Brian Campbell and Corey Smith were allegedly involved in a homicide on Sept. 28, 2018.

During a hearing on Aug. 11, Campbell’s defense attorney, Michael Tomko, rejected an offer of life, suspending all but 65 years, with five years probation, on behalf of both co-defendants. Tomko was standing in for Smith’s defense attorney, Robert Cole Jr.

Campbell, 23, and Smith, 27, are both charged with first-degree murder, firearm use in a violent crime, and conspiracy to commit first-degree murder.

Additionally, Campbell is charged with possession of a firearm with a prior felony conviction.

Before the case could be scheduled for trial, Tomko said Smith needed to waive his Hick’s date, referring to his right under Maryland law to be tried within 180 days of his first court appearance.

The pair last appeared on Aug. 13 when the scheduling of a trial date was further postponed by Judge Melissa M. Phinn. 

During Monday’s hearing, the two finally received a joint trial date, which Judge Melissa K. Copeland scheduled for March 23, 2022. 

However, Cole expressed his unhappiness with the trial date being set so far back and asked the court to schedule a motions hearing where he will argue for severing the two cases. Should the motion be granted, Cole is expected to be able to have his client’s case tried earlier.

Judge Copeland scheduled the motion hearing for Oct. 1 in front of Judge Phillip S. Jackson.