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By
Andrew Michaels
- August 19, 2022
Attempted Murder
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Court
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Daily Stories
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Non-Fatal Shooting
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Suspects
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Victims
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A Baltimore City Circuit Court judge denied bail for an attempted homicide defendant on Aug. 19 after defense counsel requested his client’s release on home detention for medical reasons.
During Friday’s proceedings, defense attorney Michael Tomko asked for the release of 47-year-old Michael Russell who is facing attempted first and second-degree murder, six weapons charges as well as first and second-degree assault and reckless endangerment for a shooting on June 24.
Tomko provided several details regarding the facts of the case but noted that the incident involved Russell and his wife, and that shots were either fired at a Honda Odyssey minivan or fired as a warning shot.
The driver could not be identified in the video surveillance footage, he added.
Tomko informed Judge Cynthia Jones that the Maryland Transition Center, where Russell is being held, only has one working shower, which is not accessible to the defendant due to his paraplegia. His client has also invoked marital privilege, which waives the testimony of spouses when called to testify against one another.
Russell’s wife is expected to invoke marital privilege as well, the defense attorney said, likely leading to a resolution between the two parties.
“Without his wife’s testimony, the state doesn’t have a case,” Tomko said.
The prosecution did not argue for or against Russell’s release; however, pretrial services cited the defendant’s eight prior convictions, dating back to 1996 and including multiple convictions for drug and handgun possession.
Judge Jones deemed Russell a threat to public safety and denied bail.