Prosecutor Says Defense Counsel a No-Show to Weaken State’s Argument

By Andrew Michaels - March 21, 2022
Court | Daily Stories | Homicides | Suspects | Victims |

Family members of a 26-year-old homicide defendant left the courtroom in tears on March 21 after defense counsel didn’t show up on the first day of jury selection. Prosecution alleged defense counsel intentionally “made himself unavailable” as a tact to delay the trial or weaken the state’s presentation.

Baltimore resident Devon Sample, who is charged with the death of Shiand Miller and her three-year-old daughter, Shaniya Gilmore, in June 2020, was scheduled to begin jury selection on Monday after his initial trial date was scheduled in September 2021.

Standing next to an empty table for defense counsel, the assistant state’s attorney on the case informed Baltimore City Circuit Court Judge Jennifer B. Schiffer that defense attorney Roland Brown was not present but instead out of the state.

The prosecution said he had several communication issues with Brown, including being left off of email exchanges with the trial judge and reception court judge regarding the case. The prosecutor noted that Brown was aware of the trial date as the defense attorney allegedly texted the state on March 8 asking if the trial was moving forward.

“Brown was aware of witness issues” in regards to availability, the prosecutor told Judge Schiffer on Monday. He also alleged that Brown intentionally “made himself unavailable,” making it difficult for the state to reschedule witnesses.

After Judge Schiffer, who described the situation as “beyond frustrating,” moved the case to reception court, the prosecutor stressed the impact of the delay, telling Judge Melissa M. Phinn that he had a witness in London and another in the Caribbean

Judge Phinn scheduled the case to return to reception court on April 1.

Three of Sample’s family members, who were in attendance on Monday, told Baltimore Witness this was extremely upsetting. They declined to comment further at this time.

Brown could not be reached for comment.

Sample previously rejected a plea of life without parole for first-degree murder during his last court appearance about six months ago. The defendant was arrested in 2020 after the bodies of Miller and Gilmore were found inside a car on the 200 block of Boswell Street in Southwest Baltimore.

Miller was eight months pregnant with Sample’s child.