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This article was a letter to the Editor of The Salisbury Daily Times, Salisbury,MD
 

Wicomico Case Will Test Dominance Of Federal Law Over Maryland State Law

 

On June 17th, 10 a.m., Sheriff Lewis will be the target of a strong arm move by the Federal U.S. Parole Commission. Will he knowingly violate state law?


A decision by U.S. District Court Chief Judge Benson Legg on June 10th, paves the way for agencies of the federal government to force MD state officials to enforce federal law. This would violate the existing state laws. The federal government's effort, headed by Asst. U.S. Attorney Larry Adams of Baltimore, on behalf of the U. S. Parole Commission is a test case to force state legislative process and force implementation of the federal Sexual Offender Registration standards upon the state.

The U.S. Parole Commissions' effort is supported by MD Attorney General Douglas Gansler and succeeds in placing the state legislature in a difficult dilemma -choosing whether to leave local and state law enforcement officials subject to civil suit if they knowingly decide to violate existing state law by registering a person who is not required to register under MD state law. Judge Legg's decision supports the U.S Parole Commissions' demand that local and state law enforcement officials register a person whose federal conviction occurred over 28 years ago and to present state law is inapplicable. This person was convicted at a 3rd trial after the first two ended in hung juries - and the conviction is now on review by the Ninth Circuit Court of Appeals based on both prosecutorial misconduct and the withholding of exculpatory evidence.

Who runs our state?

(P.S. Federal Won)