Finnegan’s Wake Kicks Off St. Patrick’s Day Festivities

OCEAN CITY — At least one St. Patrick’s Day celebration is starting a week earlier this year in Ocean City with the area’s first-ever true Finnegan’s Wake planned for Saturday, March 9, at 5 p.m. in Seacrets Morley Hall.

Finnegan’s Wake, a mock Irish funeral that notes the supposed passing of Tim Finnegan, is being sponsored by the Friends of WCDC as a benefit for the Worcester County Developmental Center (WCDC).

Irish wakes mourned the passing of a loved one and celebrated that person’s life. Wakes usually lasted several days and crying, drinking, card playing and jokes were a big part of every affair.

This Finnegan’s Wake is loosely based on a traditional Irish song of the same name relating an extraordinary day in the life of an Irish laborer.

Tim Finnegan was a hod carrier who was born with a love of whiskey and indulged in a drop or two each morning before work to get his juices flowing. One morning, he had a little too much to drink and fell off a ladder at work knocking himself unconscious.

His family and friends thought he was dead and quickly took him home, laid him in his bed and started the festivities. First came the tears over Tim’s passing, then a proper meal, and finally the whiskey. As more whiskey was consumed, more arguments broke out until “Shillelagh Law” took over and fighting began. In the heat of battle, one participant threw a bottle of Tim’s whiskey at the head of another combatant. The bottle missed the target, but it hit the wall and a few drops of whiskey landed on Tim’s lips reviving him and bringing him back from the dead.

This local celebration of the Finnegan saga will be held in Seacrets’ Morley Hall with doors opening at 5 p.m. and the funeral procession, with mourners, clergy, pall bearers and a leprechaun or two, will begin at 5:30. The Ocean City Pipe Band will lead the procession into the hall, where Finnegan’s casket will be prepared for viewing.

Throughout the evening, popular Irish musician Patrick McAllorum will be playing Irish favorites, and the Ocean City Pipe Band will thrill the audience with their musicianship.

From 6 to 6:15, 7:30 to 7:45 and from 8 to 8:15 p.m., mourners will be able to view Finnegan in his coffin. The part of Finnegan will be played by Jack Ferry, Sr. and Cecil Tull and Lee Gerachis. For one dollar, audience members will be able to tell Finnegan a joke or funny story. If Finnegan laughs, the teller receives a free drink.

Wealthy Irish would hire professional mourners, called Keeners, to cry for their departed. This wake will have a keening contest. Points will be awarded for volume, style and feeling, with the winner receiving a cash prize.

“We feel we are bringing something new and unique to the Ocean City area,” said Cathy Gallagher, president of Friends of WCDC. “This will be an entertaining and exciting evening that everyone will enjoy. There will be great music and great food and drink, and it is all for a great cause, the clients of WCDC. We are planning on building this event and making it an annual experience. Who knows, maybe we can make it like a real Irish wake and have it last three days.”

Admission is $20. Happy hour prices will be available at the bar, and the Seacrets kitchen will be offering an Irish menu. All money raised will go to the Friends of WCDC, the auxiliary that supports the mission of the Worcester County Developmental Center, which provides employment opportunities, day habilitation training, residential services and communty-based supports for adults who live with an intellectual disability in Worcester, Somerset and Wicomico counties.

For more information about the wake or about the services offered by WCDC, call 410-632-2382.

Acting Salisbury Fire Chief Gets Support For Vacant Post

SALISBURY – Without an item scheduled regarding the Salisbury Fire Department (SFD) on the City Council’s Monday meeting agenda, the room was filled with fire and EMS personnel anxiously awaiting the appointment of a new leader and to voice their support for Acting Fire Chief Rick Hoppes to fill that role.

In January of 2012, following the resignation of then-Fire Chief Jeff Simpson, who served just over a year, Hoppes once again was named acting fire chief until a permanent fire chief is selected. Prior, Hoppes filled the position of acting fire chief for 18 months following the retirement of then-Chief David See.

Last February, following Simpson’s resignation, Mayor Jim Ireton announced his support for Hoppes to fill the vacant post. This would have avoided the cost for another national search. However, the final decision is not up to Ireton. He can only make a recommendation to the council, which then has the option of accepting or rejecting the endorsement.

Last July, the council rejected Hoppes as SFD’s new chief, with the majority of members requesting a more extensive search be conducted. Since then, the mayor has refused to advance another candidate resulting in him and the council being in a stalemate.

Hoppes’ acting status first expired in July, but was extended by the council. However, no expiration date was set to that extension, which prompted a special meeting this month when a Feb. 28 deadline was agreed upon by a split council.

At this week’s meeting, Justin Byrd, speaking on behalf of the volunteer members of Salisbury Fire Station 2, stated the station’s support for Hoppes to become the permanent SFD chief.

“He has shown during his two separate stints as acting fire chief that he is proficient in his duties and he is a forward thinking individual that puts the best interest of everyone else first,” he said. “To us, the fact that he has accepted this position again, being denied the promotion the first time, shows that his dedication to the wellbeing of my family and yours has never wavered. Please put politics aside and please don’t drag this out any longer than it already has.”

SFD Deputy Chief Lee Smith, who represents all the volunteer fire fighters in the city, reviewed Hoppes’ extensive history with SFD and many accomplishments within the department, including preparing and presenting three out of the last five budgets. Also, Hoppes is responsible for receiving a Staffing for Adequate Fire and Emergency Response (SAFER) Grant that provided the opportunity of hiring 12 additional positions that allowed for the re-opening of Station 2 that had been shut down for a few years due to inadequate staffing.

“He [Hoppes] has certainly earned the respect of the organization, and I certainly think the outpouring of the people here today in support of him has certainly shown that we have the confidence in him to move forward to be the fire chief of the City of Salisbury,” he said. “We ask that you put personal agendas or personal vendettas aside against Chief Hoppes.”

Anthony Webster, training officer for SFD and president of Pittsville Fire Department, pointed out Hoppes’ credentials meet the requirements to become the next SFD chief.

“He [Hoppes] has the support of SFD and Mayor James Ireton, as well as outlying fire departments … we just want to know why we don’t have our leader yet,” he said. “There is no reason whatsoever why a decision has not been made … You have to put aside the difference between the Mayor’s Office and the City Council and quit beating up on Hoppes and give him what he deserves.”

Steve White, president of the Parsonsburg Fire Department, Ted Farlow, president of Pittsville Volunteer Fire Department, and Robin Townsend, chief of the Fruitland Fire Department, all came before the council to voice their departments’ support for Hoppes.

“He [Hoppes] shows the caring for the citizens of Salisbury and Wicomico County that they get the best emergency service possible, and that is something that comes from the heart, and that means a lot,” White said.

Before the meeting was adjourned, Council President Terry Cohen took the time to address the accusations made toward personal vendettas against Hoppes.

“This is not a political or personal decision,” Cohen said. “This is a business decision regarding a $7 million department. We have stated on the record that we cannot not disclose the substantive reasons because it is a personnel matter, and under law it is protected.”

Cohen explained the process for any position is recommended by the Mayor’s Office for the council to approve.

“Council has abided by the law in every step in accordance with the charter … there is nothing personal or political here we have simply been following the process,” she said.

During Hoppes time with the SFD, beginning as a volunteer in 1985 and became career in 1988, Hoppes has served in a variety of positions such as lieutenant and training officer, captain, assistant fire chief, deputy fire chief and now acting fire chief.

Feds Rule Against Major Rule Change For Sharks

OCEAN CITY — The local fishing community breathed a collective sigh of relief this week when federal fisheries officials decided to drop a rather drastic rule change for sharks that could have effectively shut down a significant component of Ocean City’s multi-million dollar fishing industry.

The National Marine Fisheries Service (NMFS) in November published a rather dubious “Amendment 5” to the Highly Migratory Species Fishery Management Plan that would, if adopted, create a new 96-inch, or eight-foot, minimum keeper size limit for all sharks caught off the coast of the resort including the popular makos, threshers, hammerheads and blue sharks that are staples of the resort’s sportfishing industry. The proposed rule change is aimed at affording greater protections to dusky sharks, which have been on NMFS’ prohibited species list since 2002 but have still allegedly seen their population figures dip to critical levels.

In response, NMFS officials published Amendment 5, which would nearly double the minimum size limit for as many as 12 legal shark species from the current 54 inches to 96 inches, or eight feet. According to Captain Mark Sampson, a charter captain and local expert on all things related to sharks, the rule change could effectively shut down a major staple of the early offshore fishing season in Ocean City and up and down the east coast.

After a lengthy public comment period that culminated with highly attended open meeting up and down the east coast and the Gulf of Mexico, including one at the Ocean Pines Library in early February, NMFS officials this week announced they had reconsidered the proposed amendment to nearly double the minimum keeper size for most legal shark species, and opted instead to pursue a different course of action to protect the threatened dusky sharks, although the nature of the new approach has not been revealed. NMFS officials announced the decision on Thursday.

“After reviewing all of the comments received, we are not planning to proceed at this time with the dusky shark measures as proposed,” the NMFS statement reads. “We will address the dusky shark overfishing and rebuilding plan in a proposed separate action.”

Instead, NMFS announced it would take a closer look at the science and data collection that was the catalyst for the proposed change in the first place. The federal fisheries agency also said it would take a broader look at conservation efforts for all shark species.

“Addressing the dusky shark management measures in a subsequent and proposed separate action will allow us to conduct additional analyses, explore different approaches and fully consider and address public comments while also allowing us to move forward with management measures necessary to end overfishing and rebuild other shark stocks,” the statement reads.

The news was quickly met with relief and satisfaction in the resort’s fishing community in general, and the Ocean City Shark Tournament specifically. The shark tournament is held each June based out of the Ocean City Fishing Center and is a staple of the resort’s summer-long tournament season. In addition, the proposed rule change could have greatly curtailed one of the cornerstones of the day in, day out charter fishing industry.

“The National Marine Fisheries has decided not to proceed with the proposed restrictions to shark fishing that were intended to boost dusky shark populations,” the Ocean City Shark Tournament statement reads. “This means that the proposed eight-foot minimum for mako, blue and thresher sharks will not be imposed for the 2013 fishing season.”

The Ocean City Shark Tournament does not target dusky sharks and their ridgeback brethren, but the increased minimum keeper size for other species targeted in the event, including makos, hammerheads and threshers, for example, could have greatly impacted the annual tournament. Instead, it will be business as usual for the most part this summer.

“This is great news for commercial fishermen, recreational anglers and tournament participants,” it reads. With this remaining unchanged from last year, the shark tournament will use the same minimum length requirements as last year, which have been more conservative than federal minimums for a long time.”

NMFS remains under pressure from advocacy groups to do something to protect dusky sharks. As a result, the blanket minimum size increase proposed threatened to shut down the entire shark fishery off the coast of the resort and up and down the east coast and the Gulf of Mexico. Raising the minimum size on all species of shark could effectively curtail all shark fishing off the coast including staples such as makos, hammerheads and threshers.

To illustrate the point, Sampson pointed out a 96-inch, or eight-foot, mako would weigh in at around 350 pounds. Last year, the largest mako caught in Maryland weighed 280 pounds, while the largest in Delaware came in at 221 pounds. By comparison, an eight-foot thresher would weigh about 400 pounds and those fish are few and far between.

Wicomico Approves Affordable Housing Accord

SALISBURY — Wicomico officials last week approved a payment-in-lieu of taxes (PILOT) program for a vast affordable housing project in the county after getting assurances from the new owners certain conditions would be met in the final agreement.

Last Tuesday, the Wicomico County Council approved an agreement with  Tryko Partners on a PILOT program for the company’s Pine Bluff Village project, a vast affordable housing community of 151 homes for the elderly and disabled in the county along with associated amenities including an on-site community service coordinator, food services, laundry services and other features. The village is proposed on the former Pine Bluff Sanatorium owned by the state.

Last June, the Wicomico Council approved a PILOT agreement with the state continuing the lessee-operator agreement first reached in 2007. However, now that Tryko Partners is seeking to renovate and restore the former state-owned property with an attractive affordable housing project for the elderly and disabled, the company came before the Council seeking the same payment-in-lieu agreement offered by the state.

Before the council could consider the proposed PILOT program however, a few issues needed to be resolved, not the least of which was the future of Parcel D, a landlocked parcel in the center of the property not included in the housing project, which is the site of a former hospital on the property. In addition, there were other housekeeping issues to resolve including some of the vague language in the agreement.

“I would have to vote no on this right now because there seems to be so many questions still,” said Councilwoman Gail Bartkovich. “If I’m going to approve something, I want to know exactly what it is I’m approving.”

Councilman Bob Culver voted to table the discussion until those issues were resolved and the motion passed 4-3 with Council President Matt Holloway casting the deciding vote. However, Tryko officials implored the Council to approve the PILOT agreement in advance of the resolution of some of the housekeeping issues in order to meet their ambitious timetable for the project.

Councilwoman Sheree Sample-Hughes agreed the PILOT program could be approved without the minor changes and urged her colleagues not to table it again, but rather vote on it that day.

“I feel like this project is being delayed for multiple reasons,” she said. “We keep finding ways to delay this and that’s unfortunate because the people of this county really need this project.”

While everyone on the council agreed with the merits of the project, some were still concerned about the payment-in-lieu of taxes element because it would be the first in the county for an agency or company that was a non-profit.

“What I have a problem with is this is the first time we’re doing a PILOT program for a for-profit agency,” said Culver. “What can of worms are we opening up? This is $40,000 in property tax money for the county each year. That’s a sweet deal.”

Tryko attorney Robert Taylor agreed it was the first PILOT program of its kind in Wicomico, but said the chances of another applicant coming forward in the future were slim.

“This is a unique project for Wicomico and probably the first PILOT of its kind,” he said. “That being said, I can’t think of one other property in the county that could or would come before you seeking a PILOT such as this. The chance of this happening again is just about zero. There is not another situation in the county that would qualify.”

Councilwoman Stevie Prettyman said she was satisfied Tryko Partners would honor the terms of the PILOT program and said the agreement would prevent the company from changing course and attempting to do a different project on the Pine Bluffs site. Prettyman urged the Council to rescind the motion to table the discussion and made a motion to approve the PILOT agreement with the stipulation the appropriate changes in the verbiage would be made.

“Let’s not lose sight of what this is for,” she said. “This is a great opportunity to affordable housing for the elderly in our community. They’re not going to change the use. This locks them in for the next 20 years.”

However, Culver reiterated his concern about the groundbreaking PILOT program for the for-profit Tryko Partners.

“There is no doubt we need this type of housing, but this is the first PILOT we’ve done for a for-profit and I want to make sure we get it right,” he said. “We don’t get a second chance at this.”

With that said, Sample-Hughes made a motion to approve the agreement for Tryko on the Pine Bluffs affordable housing project, a motion that passed by a vote of 6-1 with Culver in dissent.

“This needs to move forward,” she said. “We’re just stalling. This county and the entire Eastern Shore has an aging population and this is needed.”

Berlin Approves New Site For First Wind Turbine

BERLIN — The historic town’s skyline is about to look a little eco-friendlier with the town’s first wind turbine approved for installation on Old Ocean City Boulevard.

Until Monday, the fate of a proposed 85-foot, 50-killowatt turbine had been up in the air since creator and DDU Magnetics President Doug Richards offered to install his new design in Berlin for a severely reduced cost. The town would get the turbine for a fraction of its actual value because it would function as a model that Richards could show to potential investors.

The original site on Schoolfield Street considered back in January, however, was dropped due to push-back from residents. Many in the neighborhood signed a petition protesting the turbine and residents also attended several council meetings. They complained that they were not given enough notification or information on the turbine and feared that it would be an eyesore, noisy and diminish property values.

There were no such issues with the new site on Old Ocean City Boulevard. The wind turbine will be located on the lot formerly known as Rayne’s Sand and Gravel. Looking to avoid any complaints over a lack of transparency, the Mayor and Council instructed Electric Utilities Director Tim Lawrence to visit property owners in the area personally and distribute information.

“All of the property owners that I talked to, in person, they were in favor of it,” Lawrence told the council Monday. “I didn’t receive any phone calls against it.”

In fact, Lawrence revealed that a number of property owners in the area were supportive of the installation of the turbine. With some of the concerns expressed earlier by Schoolfield Street residents, especially in regards to noise, Lawrence pointed out that DDU promises its turbine will be near-silent thanks to Richards’ unique design.

Chris Graf, who will serve as onsite project manager for the turbine, emphasized that the DDU turbine will be “cutting edge technology” and features a gearless design, which will make it even quieter than average turbines.

Mayor Gee Williams said that he is glad to see the plan moving forward and believes the turbine will be “an exciting project that hopefully will be a source of pride for the community.”

“I think it will be,” replied Graf. “We’ve seen a lot of these go up in places in the country. I was mostly involved with larger turbines. But a lot of communities are getting involved in this type of thing. They like to be visionary, the townships that are looking to do that.”

Because the Berlin turbine will feature a new design never installed anywhere else in the world, Graf gave the town additional kudos.

“You’re really taking a step forward and a step ahead of everyone else,” he said.
Williams agreed and added that this is likely only the beginning for alternative energy in Berlin.
“We’ll take it one step at a time but this is a very important big step,” he said.

On behalf of the council, Williams also thanked Lawrence for the amount of effort he’s put into getting information out into the community, both with residents on Old Ocean City Boulevard and Schoolfield Street.

“He took this bull by the horns and I think it was good public outreach in both neighborhoods,” said Williams.

Now that the project has been approved, Town Administrator Tony Carson told the council that the information still needs to be reviewed by the town’s energy consultants to make sure the turbine meshes with Berlin’s power purchase agreement. However, the expectation there is that everything will fit nicely and the council will now be waiting for a construction timeline from DDU.

OC Police Detective Earns Award

OCEAN CITY — An Ocean City Police undercover narcotics agent last week was honored with the Enrique S. Camarena Award presented each year by the Elks Regional Association to a law enforcement officer who best exemplifies the spirit of the award’s namesake.

The Maryland, Delaware and District of Columbia Elks Regional Association honored Ocean City Police Detective First Class Kyle Murray with their Enrique Camarena Award this year. Camarena was a DEA agent kidnapped, tortured and killed in 1985 after breaking open a Mexican drug cartel and has become symbolic of the crusade against illegal drugs in communities all across the nation.

Murray began his career with the OCPD as a seasonal officer for one summer before being hired full time in 2008. He spent two years in the OCPD patrol division before being transferred to the Criminal Investigation Division’s narcotics unit. Murray was instrumental in the success of a federal multi-jurisdictional drug smuggling and distribution case with ties to a Mexican drug cartel.

Murray was able to successfully make numerous undercover hand-to-hand buys of cocaine from a target in the investigation, which resulted in the suspect being indicted on 10 felony drug distribution charges and possession with intent to distribute CDS charges on the state level. As a result, the Delaware State Police narcotics unit was able to execute a search and seizure warrant at a residence in that state, which resulted in three felony arrests, the seizure of over $5,000 in cocaine along with currency and a vehicle.

Closer to home, Murray has made over 150 undercover drug buys since becoming a narcotics investigator and has been the primary detective in 32 felony CDS arrests during 2012 alone. According to OCPD officials, Murray is a team player who was called in over 20 times in 2012 to assist the OCPD patrol division with drug-related investigations. Murray has also worked numerous multi-jurisdictional investigations with the DEA, FBI, ATF, the Maryland State Police, the Worcester County Sheriff’s Office and the U.S. Coast Guard.

In addition to receiving the regional Ocean City recognition, Murray will also represent the 38 Elks Lodges in Maryland, Delaware and D.C. at the Elks National Grand Lodge.

“I’m proud to represent my region,” he said. “I grew up in this area and know all too well the effects of drugs on our community. I am honored to be recognized by the Elks as they are the very citizens we are partnered alongside in the war on drugs. I continue to be enthusiastic about my job and will continue to work as hard as Enrique Camarena did to keep drugs off the streets of Ocean City.”

Union Deals Reached Between Ocean City, Employees; Details Unclear Until Ratification

OCEAN CITY — While all sides report tentative employee contract agreements are in place, union officials as well as Ocean City representatives were mum this week on the specifics.

Negotiations over union contracts between the city and the Ocean City Fraternal Order of Police (FOP) Lodge 10 and the International Association of Firefighters (IAFF) Local 4269 have been ongoing and last week deals were reportedly reached. However, before any details can be shared, memberships of the respective unions must okay the contracts and attorneys need to sign off.

It’s not officially known whether the contract includes pay raises for the police officers and the firefighter/paramedics, but sources have confirmed salary increases are included. All city employees have gone four years since their last pay raise, although a flat bonus was extended last year.

A sticking point in the negotiations reportedly came about when the talks turned to the desire of some to return to the town’s former pension system for new hires. That system was changed in 2011, and union representatives have expressed concern that the new system, a defined contribution plan rather than the former defined benefit option, is unattractive to prospective employees. How those discussions were ironed out was not discussed this week, as officials from all sides want to wait till the deals become official.

On the IAFF Local 4269’s Facebook page last Thursday, a post confirmed negotiations had wrapped between its executive board and the city. The post read, “After three days of contract negotiations, including a twelve hour marathon session today, the Career Firefighter Paramedics Association Local #4269 has reached an agreement with the Town of Ocean City.”

IAFF Local 4269 President Michael Maykrantz said currently attorneys are finalizing a draft of the agreement, which will then be ratified by membership. Maykrantz said he will withhold specific comments until that process, which could take two weeks, is completed.

Joseph Bushnell, state trustee for the FOP Lodge 10, confirmed Thursday the city and the lodge have an agreement in place. He said a meeting was planned for Wednesday for membership to vote on it, but it had to be been rescheduled.

“I can confirm we have a tentative agreement, though,” Bushnell said.

Ocean City Mayor Rick Meehan said Wednesday, “the negotiations went well.” He added, “They were lengthy. They were intense at times, but we were able to work together and come to tentative agreements. It’s now before them for approval. Once we receive approval, it will be put in ordinance form and terms and conditions will be released.”

Supreme Court Hears Salisbury DNA Case

BERLIN — The U.S. Supreme Court this week heard testimony on a landmark Maryland DNA testing law rooted in a Lower Shore rape dating back to 2003 and although no opinion has yet been rendered, at least one justice called the case the most important the high court has heard in decades.

In July 2010, Alonzo Jay King, Jr., now 29, was found guilty of first-degree rape after he broke down the door of a residence in Salisbury armed with a gun and wearing a mask over his face and sexually assaulted a 52-year-old female victim. In September 2010, King was sentenced to life in prison without the possibility of parole, but quickly appealed the conviction based on an alleged DNA sample collection that connected him to the 2003 rape in Salisbury.

In 2009, King was arrested after photographic and fingerprint evidence identified him as a suspect in an unrelated assault case. Under Maryland’s relatively new law, a DNA sample was taken and entered into the state DNA database and that DNA sample ultimately connected King to the unsolved 2003 rape case. King appealed his conviction in the rape case, arguing the DNA sample collection violated his constitutional right against unreasonable searches.

In April, the Maryland Court of Appeals agreed the DNA sample taken from King following his assault arrest in 2009 and used to gain a conviction in the 2003 rape case was unconstitutional and remanded King’s case back to Wicomico County Circuit Court for a new trial. Maryland Attorney General Doug Gansler immediately appealed to the U.S. Supreme Court to review the Maryland Court of Appeals decision on DNA testing.

On Tuesday, the nation’s highest court heard testimony in a thorough review of the use of DNA for possible matches to other crimes under King v. Maryland, which could have broad implications in Maryland and across the country.

Maryland Chief Deputy Attorney General Katherine Winfree began Tuesday’s hearing with some pertinent statistics from Maryland only to illustrate DNA collection from arrestees as an important law enforcement tool. Winfree told the Supreme Court justices that since 2009 when Maryland began to collect DNA samples from arrestees charged with violent crimes and burglary, there have been 225 matches, 75 prosecutions and 42 convictions including King.

“I think it does point out, in fact, that the statute is working, and in the state’s view, the act is constitutional,” she said. “The purpose of the statute is to enable the state to identify the perpetrators of serious crimes and to use the information to make bail determinations for people who are validly in their custody.”

Supreme Court Justice Samuel Alito said after hearing Winfree’s initial testimony Maryland v. King was a groundbreaking case that high court needed to consider its Fourth Amendment implications.

“With the thrust of a lot of what we have been presented with in the briefs and what we’ve heard this morning, I think this is perhaps the most important criminal procedure case that this court has heard in decades,” said Alito.

For his part, King’s attorney Kannon Shanmugan argued the DNA test that connected his client to the 2003 rape in Salisbury was violated Fourth Amendment rights against illegal searches and was unconstitutional.

“Maryland searched my client without a warrant in order to investigate crimes for which there was no suspicion,” said Shanmugam. “It is settled law that warrantless, suspicionless searches are presumptively unconstitutional.”

Throughout the proceedings, the argument went back and forth over an individual’s expectation of privacy when he or she is arrested. Chief Justice John Roberts said there are two essential interests at stake.

“One is, we want to solve unsolved crimes and the other is, we have someone in our custody and we want to be sure, before he is released back into the community, that he isn’t a person who has committed five violent crimes before that.”

Winfree reiterated Maryland’s success in using DNA tests to connect suspects arrested on violent crimes and certain other felonies as validation for the DNA tests.

“The cornerstone of our argument is that when an individual is taken into custody, an individual is arrested on probable cause, that person by virtue of being in a class of individuals whose conduct has led the police to arrest him on probable cause surrenders a substantial amount of liberty and privacy,” she said.

While they didn’t issue an opinion following the hearing, the justices did leave certain hints to how they were leaning in the landmark case. For instance, Justice Elena Kagan likened the post-arrest DNA test to an unfounded search of a suspect’s residence without probable cause.

“Just because you’ve been arrested for something, the state doesn’t have the right to go search your house for evidence of unrelated crimes, isn’t that correct?” said Kagan. “Just because you’ve been arrested doesn’t mean that you lose the privacy expectations and things you have that aren’t related to the offense that you’ve been arrested for.”

Man Arrested On Theft Charges

WEST OCEAN CITY — An Ocean City man was arrested on theft charges last week after allegedly swiping a propeller and rudder from a boat in West Ocean City and later pawning the stolen goods at a pawn shop.

On Feb. 19, the Worcester County Sheriff’s Office responded to the area of Sunset Ave. in West Ocean City for a reported theft. The deputy met with a victim who reported that sometime over the weekend, an unknown suspect had stolen the propeller and rudder from his boat. The victim told police the propeller was about 48 inches in diameter and made of brass, and had an estimated worth in the range of $8,000 to $10,000. The victim told police the rudder was around three feet wide and four feet tall and the estimated cost of replacing it would be in a range of $2,000 to $3,000.

The next day on Feb. 20, the victim informed the Worcester County Bureau of Investigation (WCBI) that surveillance video recorded on Feb. 19 showed a pick-up truck with a white cap back up to the location where the boat was stored and from where the propeller and rudder were stolen. The victim further told police after reviewing the surveillance video, he saw a vehicle matching the description driving in the area where the thefts occurred.

The victim was able to provide WCBI detectives with registration information from the suspect vehicle and a check revealed the truck was registered to Kyle Joseph Owens, 20, of Ocean City. WCBI detectives then conducted a check of local pawn shops for any record of Owens’ name and discovered that on Feb. 16, Owens had sold 345 pounds of brass to a local scrap yard.

WCBI detectives responded to the scrap yard and made contact with the yard manager, who told police the brass Owens sold was a five-blade propeller, which was later determined to be the one stolen from the victim. The scrap yard manager also told detectives Owens had also scrapped a rudder at the same time the propeller was scrapped.

Last Friday, WCBI detectives met with Owens. During the interview, Owens admitted to taking the propeller and the rudder. He was then served with a criminal summons from District Court charging him with theft from $10,000 to under $100,000. A preliminary court date has been set for April 5.

Local Indicted On Manslaughter Charge In Friend’s Death

OCEAN CITY — A West Ocean City man, arrested on manslaughter and assault charges in late January, was formally indicted this week and is on track for an early June trial.

Around 1:30 a.m. on Jan. 26, Ocean City police and paramedics responded to the area of Somerset Street in reference to a male individual who was found unconscious on the street outside the Harbor Inn bar. Police and EMS arrived at the scene and located an unresponsive male. The male individual was taken to AGH where he was pronounced deceased. The male was identified as Michael Eric Post, 39, of Ocean City.

Initially, Ocean City Police treated the incident as an unattended death while the investigation unfolded. OCPD detectives later learned a suspect, later identified as George Daron Nottingham, 47, of Ocean City, had assaulted Post on Somerset Street in front of the bar and the altercation caused the victim to fall and strike his head on the ground. Post and Nottingham were long-time acquaintances and sources have said a fight started over a dropped cell phone and the verbal argument escalated to a physical altercation.

The deceased’s remains were taken to the Office of the Chief Medical Examiner in Baltimore for an autopsy to determine the manner and cause of death. The Office of the Chief Medical Examiner later determined Post died of head injuries related to the assault. The Medical Examiner’s Office subsequently confirmed for The Dispatch the manner of death was homicide but could provide no more details.

After getting the medical examiner’s report, OCPD detectives arrested Nottingham at his residence on Townsend Rd. in West Ocean City. Nottingham was charged with manslaughter and second-degree assault. After an initial bond review, Nottingham was ordered to be held on a $500,000 bond.

On Tuesday, Nottingham was formally indicted, moving his case from District Court to Circuit Court. A trial date has been tentatively set for June 6.

“We indicted Mr. Nottingham, which negated the need for a preliminary hearing and removes the District Court charges,” said State’s Attorney Beau Oglesby. “It’s basically a short cut to get the case in Circuit Court where it is most appropriate. There are no additional charges or new charges.”