ANNAPOLIS — A local push in Annapolis for a tougher child-abuse penalty failed this year, but a disappointed member of the Washington County family behind the effort promised to keep trying.
“They have not heard the last of us,” Dee Myers said Tuesday, the day after the 2008 legislative session ended with the bill stuck in a House committee.
Her grandson, Justice Christopher Calvin Myers-Cannon, was 4 months old when he was shaken to death in January 2007.
The bill, called “Justice’s Law,” would have raised the maximum prison sentence for abuse that causes a child’s death to life from 30 years.
It was heard on Feb. 21, but the House Judiciary Committee never voted on it — a decision the chairman may make.
Del. Christopher B. Shank, R-Washington, who sponsored the bill, said he was disappointed because he thought he had enough committee votes for the bill to pass and make it to the House floor.
The committee chairman, Del. Joseph F. Vallario Jr., D-Calvert/Prince George’s, did not return a message for comment left at his House office on Tuesday.
The only opposition when the bill was heard in February was from a district public defender in Prince George’s County, who said the proposed penalty for a death that might not have been intentional would be higher than it is for some intentional killings.
Although Shank told the family the bill wouldn’t be an easy sell, Myers said, “I think we were all praying and hoping.”
Floyd Edward Bingaman III, a former boyfriend of Justice’s mother, was sentenced on Jan. 3 to 30 years in prison for Justice’s death.
Bingaman previously was found guilty of involuntary manslaughter, first-degree child abuse and second-degree assault.
He was found not guilty, though, of first- and second-degree murder.
Authorities have described Justice’s death as one of the worst local child-abuse cases in many years.
Two days after the sentencing, at a public meeting about the upcoming legislative session, some of Justice’s relatives spoke in favor of creating a tougher penalty.
Shank filed a bill with that goal.
He noted Tuesday that a bill strengthening laws regulating sex offenders failed on its first try, then passed the next time.
He expects to rally broader statewide support next year for Justice’s Law.
In an e-mail, Myers wrote, “We will be going back next year stronger and better and ready to take a stand once more against child abuse. ... [I]f we have to fight for the next ten years we will, but we will not stop until Justice’s Law is passed. ...”

It would be interesting to know if the local DSS is standing behind this family or if they're doing what they do best and ignoring a child's plea? I know their over worked and their under paid, but sad fact is they don't do their jobs to the fullest when a true case hit's. They turn their heads, ignore fact's, Don't interview the right people, refuse to check into legal document's. Sad fact's but true.
What is so dishearting to hear is that this family is re-living it all over again and our state is all but rubbing in their face by saying NO, We don't feel there's a need. What a crock.!!! I would hope that the family get's a petition going to file an injuction to get this into law.

Unfortunately, children do not vote or pay taxes. They are not seen as terribly important.

DSS is a flying crock of crap. A total buracracy that has less functionality than propellers on a trashcan.


JMHO

The point about it being quesionable to raise involuntary cases above that for certain kinds of intentional killing is a valid one IMO. I really wonder if the truest reason we should be outraged is that the courts are not effective at enforcing the existing laws, or do we REALLY need new laws? For example in the case that led to this whole effort, baby Justice's case, how on earth did the guy NOT at LEAST get convicted of involuntary manslaughter? The baby is dead, he killed it, case closed.

Do we really need more laws, or reform of a criminal justice system that is letting people off the hook?

In MD, Child Abuse resulting in death, of which Bingaman was convicted, has a max penalty of 30 years, which is the same as 2nd Degree Murder. It's not like he got off. Now if he serves closer to the 3 than the 30 years......

Aye but that's only for unintentional death. Child abuse intended to kill is first degree murder, with a maximum penalty of life... or do we have the death penalty - I can never remember.

Worst of all in the case that led to this, they couldn't even convict the guy of uinintentionally killing the baby, aka involuntary manslaughter. Was there truly a reasonable doubt that the baby didn't die as a result of his actions? Or was this somebody's lame idea of a plea bargain? Or did the prosecution do such a horrible job that the evidence presented wasn't sufficient?

It was a jury trial, so it could have been a weak case, a good defense, or a shaky jury.

Completely agree. They should collect child support, have a foster care unit and the rest should be disbanded.

The collection of child support needs total reform. Just because a man gets a divorce it should not bankrupt him. Women as custodial parents get way over way too often. Oh and a reasonable man who tries to do his duty gets the shaft. While the dead beats get away like with nothing.

Dougster
I couldn't agree more with you. We have a close dear friend that is owed in excess of $5800.00 in back child support and the local office is letting that P.O.S. get by with $10.00 extra a month. Meanwhile as soon as they catch up to him as to where he's working and attach that wage he quit's that job. He hasn't filed taxes since 2002 because he knows they're keeping his return's. You would think that they would make him an example.

5800.00 is, unfortunately, close to an average amount for any DHHR to actually start taking action. In WV, it used to be 8000.00. Lets face it, most custodial parents are women. The laws, on the other hand, are written by men for men. Not for custodial maternal parents, not for children, but for men. My ex husband could have saved himself a lot of money and a lot of trouble just by saying no to drugs and communicating with his children and with me by nonviolent means. I would never have divorced him had he behaved decently.....so why this outcry about bankrupting the noncustodial parent? Or am I just old fashioned in the way I handle things like marriage, divorce, bringing children into the world, ect.?

SS said

5800.00 is, unfortunately, close to an average amount for any DHHR to actually start taking action. In WV, it used to be 8000.00. Lets face it, most custodial parents are women. The laws, on the other hand, are written by men for men. Not for custodial maternal parents, not for children, but for men. My ex husband could have saved himself a lot of money and a lot of trouble just by saying no to drugs and communicating with his children and with me by nonviolent means. I would never have divorced him had he behaved decently.....so why this outcry about bankrupting the noncustodial parent? Or am I just old fashioned in the way I handle things like marriage, divorce, bringing children into the world, ect.?

Honey your not in any way shape or form old fashion. Let's all face it us men enjoy the making why shouldn't they help care for the child as well. Maybe I'm the weird one here for believing that. In your situation my heart goes out to you for dealing with the drug part first, then the divorce, then raising your children on your own. Kuddos to you much like our friend is doing raising her two children while the scum bucket P.O.S. quits his job refuses to file taxes, and buys up vehicles left and right. No brainier as to were he's getting money from he travels to John Hansen appt.s in Frederick 4 to 5 times a week???????????????? HHHHHHMMMMMMMM Can we say dope money. That too is why he buys vehicles all the time 4 of the 5 that he owns is not even in his name. In stead of paying child support he paid for a Fat chick's bus ticket to come here from Canada, Yes fact!!!!!!!!!!!!! and she's now nothing more than a slave for him. Meanwhile he's abusive, deals dope, and somehow he get's by with it and yes he's served a total of 90 day's behind bars so far. I ask you Why not make him get neutered????