Prince George's County Judge Richard A. Palumbo, facing criticism for dismissing a protective order against a man who later allegedly set his wife on fire, did not intend to dissolve the order at all, his attorney said yesterday.
William C. Brennan said the District Court judge's dismissal occurred through a "clerical error," although he did not specify whether the mistake was Palumbo's or that of a courtroom clerk.
"We are not making any more inquiries and we are not casting blame on anyone," said Brennan, adding that Palumbo reinstated the protective order yesterday.
On Oct. 10, three weeks after the protective order was dismissed, Roger B. Hargrave allegedly went to the crowded T-Mobile store in Clinton where Yvette Cade worked, doused her with gasoline and set her on fire.
Cade, 31, is hospitalized with third-degree burns covering her face and more than half her upper body. Hargrave, 33, of Temple Hills is charged with attempted first-degree murder and assault.
The apparent mistake in the Cade case was the second recent high-profile error in a Prince George's courtroom.
Last week, Circuit Court Judge Vincent J. Femia said he inadvertently released a murder defendant after failing to look at the man's file before issuing an order to let him out of jail. Police and federal marshals are looking for Pedro H. Guifarro, 25, who is charged with first-degree murder for allegedly being the driver in what prosecutors believe was a gang-related killing in the Adelphi area.
Prosecutors and defense attorneys said that the blunders are generally infrequent and that they often are the result of an overburdened court filled with bulging dockets and overworked personnel.
"We have to be concerned about it and be vigilant so we can avoid these kinds of mistakes," Prince George's State's Attorney Glenn F. Ivey said. "We also have to realize that judges are human beings and they make mistakes like the rest of us do."
Defense lawyer Robert C. Bonsib said committing such errors is inevitable in an imperfect system. "It doesn't make the consequences any more palatable," Bonsib said. "But given the volume of cases, there's nothing you can do about it."
Palumbo declined an interview through his attorney, saying Maryland law prohibits him from commenting on a pending case.
Yesterday, Palumbo made a change from his courtroom, altering the docket entry to reflect that Cade's protective order is in effect until July, as was originally intended, Brennan said.
