Judge Accused of Misconduct as Prosecutor

A former prosecutor who is now a Montgomery County judge did not disclose that the only witness in a 1994 homicide case sought and received money to cooperate in the prosecution, the defendant's attorney said in a motion.

The motion also says that the prosecutor on the case, David A. Boynton, elicited false testimony about the payment from the witness, who was a police informant, and her police contact, who is now a captain overseeing criminal investigations. The defendant is scheduled to be retried this month.

Defense lawyer Christopher A. Griffiths's motion seeks to have the indictment against Eric Lynn dismissed, citing prosecutorial misconduct. It is not unusual for defense attorneys to allege prosecutorial misconduct, but criticizing a sitting judge is rare. Boynton is a Montgomery circuit judge.

Through an assistant, who said the judge cannot speak publicly about pending cases, Boynton declined to comment. Montgomery County State's Attorney John McCarthy said he could not discuss the case but said his office will file an "appropriate motion" in response. Prosecutors have maintained that the informant was paid only for her work in drug investigations. Capt. Russell Hamill, the former narcotics detective, said he was barred from speaking about cases that are going to trial.

The case stems from a killing May 25, 1994, at a Silver Spring apartment during a drug rip-off. Police allege in charging documents that Lynn, the police informant known as Sandy and a man described only as "fat guy" walked into the apartment in the 9300 block of Piney Branch Road. Sandy had taken Lynn and the other man, who remains at large, to buy crack cocaine at Ephraim Hobson's apartment, according to court records.

When Hobson brought out drugs, "fat guy" pulled a gun and demanded money and the drugs, according to court records. Hobson also pulled a gun, and shots were exchanged. Sandy ran from the apartment and later called Hamill, then a narcotics detective. When officers arrived at the apartment, they found Hobson's body.

Griffiths has consistently said in court filings and hearings that Lynn was not involved in the homicide.

Sandy identified Lynn, now 37, in a photo array and later identified him on the street. On July 22, 1994, Lynn was indicted on charges of first-degree murder, use of a handgun in a violent crime and conspiracy to commit armed robbery. Police think the "fat man" pulled the trigger. Lynn was convicted on all counts during a bench trial and was sentenced to life in prison plus 15 years.

Sandy testified at the trial under her alias. After being questioned about being a police informant by Lynn's attorney, on cross-examination Sandy told Boynton, the prosecutor, that she had not been paid for her cooperation in the homicide case, according to a transcript of her testimony. When pressed, she said, "I have never been paid for a homicide case."

Hamill, the detective, also testified that Sandy had not been paid for her involvement in the case, according to court records.

During the appeals process, defense lawyers discovered that Sandy had been convicted of theft and had a history of drug use. They argued that a thorough investigation of Sandy would have raised red flags about her credibility.

Griffiths has challenged Sandy's credibility in numerous court filings. He noted that when Sandy contacted Hamill after the slaying, she described the man she knew as Eric as being 6 feet tall and weighing at least 165 pounds. At the time of his arrest, Lynn gave his height as 5-foot-8 and his weight as 120 pounds. Griffiths has also noted that detectives made numerous efforts to get her to positively identify Lynn.