ST. MARY’S TODAY

LEONARDTOWN — The latest chapter in the saga which St. Mary’s Circuit Court Judge C. Clarke Raley called Friday a "continuing chess game" between Wendell Ford and the St. Mary’s County Sheriff’s Department and the States Attorney’s Office was left with the Judge ordering Ford released on his personal recognizance as the State will now have to prove he is guilty of new indictments charging him with theft in 1998.

How the State can prove those charges, that of stealing a large supply of building materials, is the crux of the problem, said Ford’s attorney, Shane Mattingly, of Leonardtown.

Ford was first arrested in January of 1999, an issue itself which Mattingly expects a Judge will take a hard look at in the next step of the legal chess game.

Ford is represented by Mattingly and Michael Suessmann in a civil case resulting from the St. Mary’s Sheriff failing to abide by a court order to restore the property to Ford, an order issued two years ago by Judge John Slade.

In addition, the civil suit claims that sheriff’s deputies unlawfully took the loot from the custody of the sheriff and appropriated it among the then Assistant Sheriff, Lt. Doolan, a close personal friend of Doolan’s and Doolan’s stepson.

The same loot that was ordered by Doolan to be removed from the Sheriff’s Department is the loot that Ford is now charged with stealing.

In any criminal case, the State must prove that the property stolen is held in a secure chain of custody.

Since the loot in question was seized from Ford in 1999, then wrongfully removed from the Sheriff’s Headquarters, then some of it found by State Prosecutor Stephen Montanarelli at the home of Doolan’s friend, then returned to the storage of the Sheriff, the "chain of custody" issue will be an important one as this newest criminal charge against Ford progresses, especially as none of the items have serial numbers which can prove it was the same material seized from Ford’s home.

"There is no doubt that this case will hinge on the chain of custody and the issue of a speedy trial," said Mattingly on Friday after the court hearing.

Sheriff David Zylak placed administrative charges against Lt. Doolan and the civilian clerk who is in charge of the property storage for the agency.

A trial board for Doolan is being constituted by officers from other parts of the state and a hearing could be held open to the public if Doolan doesn’t file a motion to make it a secret hearing.

Sheriff Zylak can fire Doolan after the trial board makes a recommendation or take lesser disciplinary action if he is found to be culpable for any wrongdoing involved with the removal of the property from the Sheriff’s secure storage.