Md. appeals court upholds cold-case murder, rape convictions

A convicted rapist and murderer’s due process rights were not violated by the 20-year span between the brutal slaying of a teenage girl in Frederick and his indictment and conviction, a Maryland appeals court said in rejecting his argument that the state’s negligent, years-long delay in bringing the case unconstitutionally hampered his defense.

In its reported 3-0 ruling, the Court of Special Appeals said defendants in cold cases must show the delay in prosecution was “a deliberate act by the government to gain a tactical advantage” and not the result of negligence or lack of diligence.

The intermediate court said the state acted neither intentionally nor tactically in failing to indict Lloyd Harris until 2016 for the 1996 rape and murder of 15-year-old Stacy Lynn Hoffmaster, whose body was found that year in a wooded area by a campsite.

A Frederick County Circuit Court jury found Harris guilty in 2016 of first-degree murder, first-degree rape and third-degree sexual offense.

Harris, who is serving a life sentence, appealed his prosecution on due process grounds, saying two key defense witnesses died during the needless delay: another possible suspect and a forensic analyst who had examined the victim’s blanket.

But the Court of Special Appeals said it was not enough for the defense merely to argue it was prejudiced by the 20-year delay

“In the present case, Harris, on appeal, does not argue that the state purposefully delayed his indictment to gain a tactical advantage over him; he does contend, however, that the abundance of prejudice resulting from the delay was sufficient to require dismissal,” Judge Lynne A. Battaglia wrote for the court. “His assertion, however, fails based upon his inability to demonstrate that the state deferred to seek the indictment to gain a tactical advantage, as required by case law.”

Judges Stuart R. Berger and Andrea M. Leahy joined Battaglia, a retired jurist sitting by special assignment.

Harris was represented by the Maryland public defender’s appellate division. Brian Saccenti, the division’s director, was unavailable for comment Wednesday.

The Maryland attorney general’s office declined to comment on the decision.

The Court of Special Appeals issued its ruling in Lloyd Harris v. State of Maryland, No. 2298 September Term 2017.