Sanders v. State

469 A.2d 476, 57 Md. App. 156, 1984 Md. App. LEXIS 244
CourtCourt of Special Appeals of Maryland
DecidedJanuary 10, 1984
Docket337, September Term, 1983
StatusPublished
Cited by12 cases

This text of 469 A.2d 476 (Sanders v. State) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanders v. State, 469 A.2d 476, 57 Md. App. 156, 1984 Md. App. LEXIS 244 (Md. Ct. App. 1984).

Opinion

ALPERT, Judge.

“The best hid schemes o’mice and men,

So oft go awry.” 1

In this case a carefully calculated murder plot would not have gone awry were it not for the chance arrest of Robert Smithson for shoplifting on March 18, 1982. Apparently trying to avoid culpability for that charge, Smithson voluntarily informed the Montgomery County police that Douglas Lornell Sanders, appellant, had offered him a contract to murder an Internal Revenue Service (IRS) agent. Raymond R. Petronchak, an IRS criminal inspector, was summoned to investigate.

Smithson related that on March 6, 1982, appellant had approached him and agreed to pay five thousand dollars if Smithson killed a certain IRS agent. Appellant further agreed to provide a weapon to accomplish this murder. The target of this agreement was ultimately determined to be W. Stewart Connard, whom appellant considered to be an overly aggressive auditor. Connard was engaged in an expansive audit of Joel Davis, a certified public accountant, who had prepared tax returns for appellant and appellant’s *162 businesses. Davis and appellant were co-owners of Dial-A-Tow, Inc. and appellant was a partial owner in a firm called R & S Construction. Appellant erroneously believed that Connard’s audit of Davis included him and his businesses and that Connard sought criminal convictions. Appellant told Smithson that if Connard were no longer working on the case, another IRS agent would settle the investigation in exchange for a payment of back taxes. The murder was to take place at Connard’s residence and was to look like a robbery. Petronchak inquired whether Smithson would introduce him to appellant. Smithson responded negatively. The criminal inspector then queried whether Smithson would allow himself to be “wired” and meet appellant. Smithson agreed to this plan. At the conclusion of this debriefing, Petronchak instructed Smithson to report to his IRS office in Washington, D.C. the following morning.

Smithson dutifully arrived around 7:30 a.m. on the morning of March 19, 1982. Petronchak contacted Connard, verified his auditing of Davis, informed him he was the target of a murder conspiracy and suggested that Connard leave town. Petronchak’s branch chief received approval in accordance with federal administrative procedures for consensual monitoring of a telephone conversation between Smithson, in the IRS’s Washington office, and appellant in Seat Pleasant, Maryland. During the course of this conversation Smithson arranged to meet appellant later that day in Silver Spring, Maryland.

Smithson was “wired” with a recorder and escorted to the agreed meeting place. During the course of this meeting appellant furnished Smithson with a gun and six bullets and a piece of paper with Connard’s address and car license tag number. The two men discussed Connard’s commuting habits. Appellant assured Smithson that if the scheme succeeded, there would be no way for the hired killer to be detected since Smithson was unknown to Davis and appellant planned to have an alibi.

*163 This entire conversation was recorded by IRS agents in a nearby vehicle. Appellant was arrested by the agents after Smithson departed the area.

Appellant filed several pre-trial motions; only two of these motions, however, are relevant to this appeal. Appellant moved to suppress the electronic surveillance evidence and evidence from his federal income tax returns. Both motions were denied and the evidence was introduced at appellant’s trial.

A jury in the Circuit Court for Montgomery County convicted appellant of solicitation to commit murder and attempt to commit murder. On February 25,1983, appellant was sentenced to a 25 year term of imprisonment for the solicitation conviction. The trial judge did not impose a sentence on the attempt to murder conviction.

Before this Court, appellant alleges that the trial judge erred by denying both motions to suppress. Further, appellant argues that the lower court abused its discretion by denying his motion for mistrial. Additionally, the State has filed a cross-appeal asking us to consider whether the trial court mistakenly declined to impose a mandatory 25 year sentence for appellant’s attempted murder conviction.

We shall first address the issues raised by appellant.

I. Use of Electronic Surveillance Evidence

Appellant’s first contention concerns the electronic surveillance of his March 19,1982 conversations with Smithson. He claims that any evidence derived from these interceptions should have been inadmissible in any trial or proceeding in Maryland because federal IRS agents are not “investigative or law enforcement officers” within the ambit of Maryland wiretap and electronic surveillance law.

Appellant’s argument requires us to focus on the interrelationships of federal and state eavesdropping laws. In 1968, Congress enacted the Omnibus Crime Control and Safe Streets Act, Pub.L. No. 90-351, tit. Ill, §§ 801-804, 82 Stat. 197, to establish minimum guidelines for wire intercep *164 tions and interceptions of oral communications. State v. Bailey, 289 Md. 143, 151, 422 A.2d 1021 (1980). The federal wiretap provisions, codified in 18 U.S.C. §§ 2510-2520, permit the states to create standards for interceptions by state officials. 18 U.S.C. § 2516(2). These state standards may be more protective of citizens’ privacy than the federal minimum requirements. State v. Mayes, 284 Md. 625, 627-28, 399 A.2d 597 (1979). Where a state legislature has adopted stricter privacy protections than those guaranteed by federal law, the stricter state standards shall apply to determine admissibility. United States v. Curreri, 388 F.Supp. 607, 613 (D.Md.1974).

Maryland’s present Wiretapping and Electronic Surveillance Act was enacted in 1977 and is codified in Md.Code Cts. & Jud.Proc.Ann. §§ 10-401 et seq. It is modeled after its federal counterpart and extensively tracks its provisions. Wood v. State, 290 Md. 579, 583, 431 A.2d 93 (1981). The General Assembly has made certain provisions of Maryland’s law more restrictive than federal law. Id. 2

The relevant Maryland statute in the case sub judice is § 10-402(c)(2) which governs the interception of oral communications where one party consents to the interception.

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Bluebook (online)
469 A.2d 476, 57 Md. App. 156, 1984 Md. App. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-state-mdctspecapp-1984.