Defense Attorney’s Medical Leave Delays Two Separate Trials

By Andrew Michaels - June 1, 2023
Attempted Murder | Court | Daily Stories | Homicides | Shooting | Suspects |

A homicide case and an unrelated attempted murder case were postponed on May 30 as the defense attorney trying both cases is out on medical leave.

According to the prosecution in each case, defense attorney Robert Ness represents 39-year-old Forell Isaac and 44-year-old Eric Davis in their respective cases. Isaac is charged with first and second-degree murder for an incident on Sept. 12, 2021, while Davis faces attempted murder, assault, and weapons charges for an incident on Aug. 22, 2022.

Baltimore City Circuit Court Judges Ronald Silkworth and Melissa Copeland presided over Isaac and Davis’ hearings, respectively. Both cases were sent to Judge Melissa Phinn in reception court, where Isaac was scheduled to return to reception court on June 7, and Davis was rescheduled for trial on Sept. 21.

One of the three prosecutors in Isaac’s case told Judge Phinn that the defendant was specially set to begin trial on Tuesday, following two postponements in February, one of which was due to Ness’ health. The prosecutor said his attempts to contact Ness were unsuccessful until earlier this month when the defense attorney informed him that his health would only allow him to work up to four hours a day.

The assistant state’s attorney told Judge Phinn that trying the case for four hours a day was doable but was deemed “impossible” by the judge due to scheduling.

“When it comes to a lawyer’s health, there’s very little I can do,” Judge Phinn said.

The prosecution and defense attorney Todd Oppenheim, who stood in for Ness in Isaac’s case, said they were unsure who would be reassigned to the case; however, Oppenheim requested to postpone Issac’s hearing to next week to determine whether he could represent Issac.

Issac is on trial for the fatal stabbing of his ex-girlfriend nearly two years ago on the 1100 block of North Milton Avenue.

Defense attorney Ann Marie Gering, standing in for Ness in Davis’ case, also requested a postponement and informed the judge that defense attorney Thomas Rafter would represent the defendant moving forward.

Davis is charged with the attempted murder of a 58-year-old man last year on the 1200 block of Washington Boulevard.