Attorneys for one of the six white men charged in a fight that left a black teenager dead in Anne Arundel County last year have asked a judge to bar prosecutors from striking a deal with a co-defendant who failed a polygraph examination.
The request, in court papers filed this week, includes a police report that says David M. George, who was seeking a deal with prosecutors, was judged deceptive when he claimed that a statement he gave March 15 was truthful and complete. Attorneys for defendant Jacob T. Fortney wrote in their filing that a prosecutor said last week her office was still considering dropping charges against George in exchange for his testimony.
"The state should not cut deals with co-defendants who flunk polygraphs and who have provided false information to the police," Fortney's attorneys wrote.
Prosecutors have not said publicly whether George will be a cooperating witness, and George's attorney did not immediately return a call seeking comment yesterday. Deputy State's Attorney William Roessler said his office is aware of the rules of professional conduct, which prohibit prosecutors from introducing testimony that they know to be false, and does not intend to violate those rules.
George gave a second statement last week, the court papers say, and he was scheduled for a polygraph examination early this week.
The results of that examination could not be learned yesterday.
Jamahl Jones, 17, died of injuries suffered during a fight outside a party in Pasadena on July 24. Detectives initially charged four men, George and Fortney among them, with first-degree murder.
But prosecutors soon withdrew those charges, saying the case required further investigation. The unusual move aggravated racial tensions that had been inflamed by Jones's death. The county chapter of the NAACP successfully appealed to federal authorities to investigate the slaying, citing "racial overtones" to the brawl.
Then, in November, a grand jury indicted six men on manslaughter and other charges. Indicted were the original four suspects -- George, Fortney, Joshua D. Bradley and Richard E. McLeod -- plus Gregory M. Florentino and Scott E. Burton Jr. The men, ages 19 to 21, were not charged with hate crimes.
Charges against Bradley will be dropped in exchange for his testimony, according to his attorney, Richard A. Finci. Finci said yesterday that Bradley and George were fighting two others at the party and were not involved in the death of Jones. Bradley has passed a polygraph examination, he said.
Fortney's trial is scheduled to begin next week.
