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Judge Says Lawyer Did Not Extort
St. Marys States Attorney Richard Fritz had indicted labor law specialist Joe
Ashworth in April, in retaliation, said Ashworths attorney Leslie McAdoo, for his
having lost a significant case brought by Ashworths brother-in-law.
Judge Femia ruled the statute, which Fritz charged Ashworth under, was overly broad and
unconstitutional and tossed out extortion charges filed by Fritz against Ashworth.
McAdoo told the court that Fritz and Sheriff Richard Voorhaar and seven deputies had been
likened by the United States Court of Appeals to Ku Klux Klansmen and had lost all the way
to the Supreme Court in a civil rights case which has been decided against them.
McAdoo argued that Fritzs actions were retaliatory for the federal civil rights
violations case brought by St. MARYS TODAY publisher Kenneth Rossignol.
McAdoo argued that case law in Maryland demands that Fritz would have disqualified himself
from prosecuting any member of the family of person who has sued him in civil proceedings
and instead refer the case to the Attorney General or ask the court to appoint a special
prosecutor, neither of which Fritz did.
Judge Femia told Deputy States Attorney Teddy Weiner, who works for Fritz, that if Fritz didnt remove his office from prosecuting the case by July 21st, he would do so himself.
Fritz decided to comply and Weiner told Judge Femia that they would refer it out the office that day.
Femia said he would not grant the motions of the defense at that time on the other pending motions by McAdoo to drop charges of theft, which she said were nothing but a fee dispute between Ashworth and a client.
Judge Femia called the theft charges a "shotgun indictment" but said that a
unbiased prosecutor would have to look at the case and make a decision about bringing it
forward.
During a hearing before the Maryland Court of Appeals last month, Ashworth requested a
voluntary suspension as a result of a fee dispute in a Attorney Grievance Commission
action in which the bar counsel sought disbarment. The Court of Appeals disagreed
with the position of the bar counsel and ruled that Ashworth had earned his fee but had
mistated his accounting of the fees when asked. Ashworth can apply to be reinstated
to the practice of law.