One of two men convicted of assaulting a jogger in Silver Spring for no apparent reason was given an 18-month jail term yesterday by a Montgomery County Circuit Court judge. The second man convicted in the case was previously sentenced by a different judge to nine years in prison.
In sentencing Harry O. Bailey, 18, of 1823 Bonifant Rd., Silver Spring, to a three-year jail term with all but 18 months suspended, Judge John F. McAuliffe said he questioned some of the testimony the victim of the attack gave about the extent of his injuries.
The jogger, David Gottlieb, 34, said when told later of McAuliffe's remarks, "I am somewhat outraged by the judge's questioning of my veracity. I really can't get over the fact that he questioned my injuries. I was in good physical shape, able to run a marathon (26 miles), and all of a sudden I'm not even allowed to run any more. I have scars all over my body." He said he is gradually regaining his health and now regularly runs eight or 10 miles a day.
Gottlieb testified at Bailey's trial that two men caught up with him in the 14000 block of Rippling Spring Drive about 9:30 p.m. on June 19, 1976, and began kicking and stomping him. He testified he was repeatedly knocked down, and thwarted his attackers only when he found a large rock and hit one of them in the face with it.
As a result of the beating Gottlieb required extensive hospitalization, head surgery and an extended leave of absence from his job as a civil rights specialist with the General Services Administration. He said yesterday he now teaches humanities at the Capitol Institute of Technology in Kensington.
No explanation for the beating has ever been offered by either Bailey or Daniel Price, 18, of Highland, Md., who was sentenced to nine years in prison by Circuit Judge John J. Mitchell June 1 after pleading guilty to assault with intent to maim.
Bailey was convicted of the same charge by a jury last July.
In an unusually long sentencing statement yesterday, Judge McAuliffe said he had questions about the extent of Gottlieb's injuries.
For example, he said that although Gottlieb testified he developed a brian aneurysm as a result of the beating, the aneurysm (swelling in a blood vessel) actually was outside the skull rather than inside it near the brain.
The judge also suggested that when Gottlieb said he had suffered a nose fracture, the medical evidence showed he had sustained only a "possible" nose fracture.
Gottlieb said later he agreed with the judge that the aneurysm was on his skull, not in his brain, but said, "an aneurysm is an aneurysm. You can die from it."
In sentencing Bailey, McAuliffe said, "whenever there is a doubt, the benefit goes to the defendant."
He said he feared the 18-month sentence he gave Bailey might be considered lenient compared to the nine-year sentence Judge Mitchell gave Price.
"I don't like disparity in sentences," McAuliffe told Bailey, "but I've got to call yours as I see it."
In June Price asked for reconsideration of his nine-year sentence. That plea will be heard in late October, according to a spokesman in Judge Mitchell's office.