A Frederick man was found guilty of first-degree assault Monday, but he was not present to hear the jury's verdict.
Michael Angelo Jones had been returned to the Frederick County Adult Detention Center earlier, after he picked up a pitcher and threw water across the courtroom during closing arguments.
Jones was being tried on charges relating to the July 11 beating of a woman who had been subpoenaed to testify against him in another criminal case.
After nearly five hours of deliberation, the jury found Jones not guilty of attempted second-degree murder, and guilty of first-degree burglary, first- and second-degree assault, and reckless endangerment.
The maximum penalty for first-degree assault is 25 years. Sentencing is scheduled for May 20.
The verdict came after several disruptions in the three-day trial.
On Thursday, the first day of arguments, Jones initially refused to come out of the courthouse lockup and into the courtroom. He finally appeared wearing jail scrubs, instead of the dress clothes provided to him by the Office of the Public Defender. Jones was warned that day to stop whistling at the victim while she was in the courtroom. He whistled at the woman twice and would be held in contempt if it happened again, Judge William R. Nicklas Jr. said.
Jones caused a stir on the witness stand Friday when he reached into the pocket of his jail uniform and pulled out a contraband memory card. After the surprise revelation, Jones said the card would show that he is innocent of the charges against him by showing him with friends in Harpers Ferry, W.Va., around the time of the attack.
Defense attorney Matthew Frawley argued Monday that the card should be allowed as evidence to ensure Jones received a fair trial. Frawley said he had never seen the memory card or seen Jones with a card before the defendant revealed it on the stand.
"I don't know where it came from or how long he's had it," Frawley told Nicklas.
Jones didn't reveal the card earlier because he was distrustful of the court system and the public defender, Frawley said. Jones believed that if he revealed the card on the stand, it would have to be allowed into evidence, he said.
Prosecutor Tammy Leache argued that there was no way to authenticate the memory card and there were no clear shots of the defendant in the videos it contained.
Nicklas ruled that the card could not be included because it was not disclosed to the state during the pre-trial discovery process, which would have required notice no later than 30 days before the first trial date.
Sheriff Chuck Jenkins said last week that his office was investigating how Jones had the contraband card with him inside the courthouse.
When the jury was first brought into the courtroom Monday morning, Nicklas began explaining they should not consider anything about the memory card in their deliberation.
While the judge was speaking, Jones began to shout to the jury, which had to be dismissed.
"Mr. Jones, this is not a playground. It is a court of law," Nicklas said, warning Jones that he could be removed from the courtroom for the rest of the proceeding if he did not calm down.
A short time later, the jury returned and Jones remained seated at the defense table.
Around 11 a.m., Leache was delivering her closing statements to the jury when Jones flung the water and shouted expletives while calling her a liar.
He was promptly tackled by three courthouse deputies and removed from the courtroom as the jury was dismissed.
Water hit several areas of the courtroom, including the judge's bench and the clerk's desk. After the room was cleared, water was visible on juror seats and on benches three rows back in the gallery.
Several courthouse employees came to the courtroom and said they could hear the commotion on the floors below.
Shortly after noon, Nicklas announced that Jones was being taken back to the jail because he requested medical attention. His head appeared to hit a chair as he was being taken to the floor.
The jurors were brought back to the courtroom and instructed not to consider Jones' courtroom conduct in deciding his guilt or innocence on the original charges. Nicklas then questioned the jurors one by one at the bench, before considering a defense motion for a mistrial, which was denied.
The closing arguments continued after a delay of about one hour.
The jury of five men and seven women began deliberating shortly after 1 p.m. and returned with a verdict around 5:45 p.m.
Outside the courtroom, Leache said she had hoped for a guilty verdict on the attempted second-degree murder charge, which carries a maximum penalty of 30 years in prison, but was pleased with the overall outcome.
Frawley said he appreciated the efforts of the jury and commended them for their diligence in deliberation.
"I am grateful that the jury saw through overreach by the state's attorney's office of charging Mr. Jones with an attempted murder," Frawley said. He added that he was disappointed the jury did not agree with him about the victim's credibility.
Each attorney spoke during closing arguments about a lack of credibility in the other's witnesses.
The state will likely seek the maximum penalty at sentencing, Leache said.
Of Jones, she said, "He's a danger, absolutely."
Follow Danielle E. Gaines on Twitter: @danielleegaines.
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