Defense Worries Witnesses Won’t Testify in Madison Avenue Non-Fatal Shooting Trial

Baltimore Courthouse

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After an hour delay due to attorney tardiness, an unresolved pre-trial motion and a dispute over the admissibility of a 911 call, the assistant state’s attorney finally delivered her opening statement before Baltimore City Circuit Court Judge Lawrence P. Fletcher-Hill in the attempted murder case of 36-year-old Michael Harris

Harris is charged with two counts of attempted first- and second-degree murder, two counts of first- and second-degree assault, firearm possession possessing a firearm with a felony conviction, illegal possession of a regulated firearm, illegal possession of ammunition, firearm use use of a firearm in a felony violent crime, having a handgun on his person, discharging a firearm and reckless endangerment. 

Along with an unidentified, masked co-defendant, Harris allegedly opened fire on his sister and her boyfriend in the parking lot of the Tire King located on the 3200 block of East Madison Avenue. The incident resulted in the hospitalization of both victims for multiple gunshot wounds. Harris’ sister sustained a gunshot wound to her face. 

The prosecution accused Harris of displaying “senselessness, recklessness and complete disregard” for his sister’s life on Nov. 9, 2022. The defense chose not to deliver its opening statement on Friday.

Baltimore Police Department investigators believe that a physical altercation occurred between the two victims the day prior to the shooting and that incident likely prompted Harris to show up armed at the Tire King. 

However, on Feb. 2, defense attorney Matthew Connell hinted at an alternate theory during the judge’s last-minute attempt to resolve a pre-trial motion. The attorneys debated whether the jury should hear about the gun recovered underneath the driver’s seat of Harris’ vehicle, money found on his sister person at the hospital and possible gang or drug involvement on either side.

The prosecution conceded that the gun’s existence and location could be disclosed to the jury, as long as its confirmed connection to a separate murder case remained off-limits in the defense’s cross examinations.

Judge Fletcher-Hill agreed, also ruling that any mention of drugs, money or gangs would be allowed only if and when the defense built a substantial case for his client’s self-defense. 

To alleviate Connell’s worries that the prosecution’s witnesses would not show up to court to allow him to build a self-defense case, the judge assured him that he would order them to remain on call after their initial testimony. 

Testimony will continue on Monday. 

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