OFFICE OF
THE STATE’S ATTORNEY
FOR
208 THE CLARENCE M. MITCHELL,
JR. COURTHOUSE
BALTIMORE, MARYLAND 21202
For Information Contact: Margaret T. Burns
Office (443) 984-1121
Cell (443) 474-7479
Or
Joseph Sviatko, Public Information Officer
Office (443)
984-1122
Cell
(410) 790-3248
JUDGE SENTENCES ERIK STODDARD TO 40-YEARS IN PRISON FOR
CHILD ABUSE DEATH OF CALEN
DIRUBBO
Baltimore, MD – June 16, 2008 – Late today the Honorable Kaye Allison sentenced Erik Stoddard to 40-years in prison following his convictions for involuntary manslaughter and child abuse resulting in the death of 3-year old Carlen Drubbed. This is the maximum allowable sentence under current Maryland law.
“I am very pleased with the court’s sentence and with the judge’s statement that she agreed that the evidence supported the defendant’s conviction beyond a reasonable doubt. My only regret is that I could not ask for a sentence of life in prison, because I believe he richly deserved it,” said Julie Drake, Chief of the Felony Family Violence Division. During the last legislative session, Ms. Drake testified in support of a bill which would have increased the penalty for child abuse resulting in death to life in prison. The bill failed in the House Judiciary Committee.
The jury deliberated for 3-hours on May 1, 2008 and convicted Erik Stoddard, 27, of the 2500 block of Moore Avenue, of involuntary manslaughter and child abuse resulting in death.
A Baltimore City jury convicted Stoddard March 13, 2003 of second-degree murder and child abuse resulting in death for the death of Calen Faith Dirubbo, 3, and Stoddard began serving a 60-year prison term. The Court of Appeals later vacated the conviction noting that a particular question during the original trial constituted inadmissible hearsay. The case was returned for a new trial.
On May 16, 2007 Stoddard was again convicted of second-degree murder and child-abuse resulting in death. However, the State submitted on a defense motion for a new trial and on July 5, 2007 a Baltimore Circuit Court judge vacated Stoddard’s second-degree murder conviction, citing a voir dire question not asked of prospective jurors before last year’s trial.
On June 15, 2002 Dirubbo was pronounced dead at her home, where she lived with her mother and Stoddard. Dirubbo died as a result of multiple beatings over a period of at least a month; the fatal blow occurred June 15, 2002 and severed her bowel. The State proved through detailed medical evidence that Stoddard was the only person who had custody of Dirubbo when the fatal blow occurred. The third trial occurred with the State missing a key State witness, Calen’s grandfather, who passed away earlier this year. His testimony from an earlier trial was read into the court record last week.
Julie Drake, Chief of the Felony Family Violence Division, and Assistant State’s
Attorney Jeremy Eldridge prosecuted this case.
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