OFFICE OF THE STATE’S ATTORNEY

FOR

BALTIMORE CITY

 

208 THE CLARENCE M. MITCHELL, JR. COURTHOUSE

 

BALTIMORE, MARYLAND 21202

 

Patricia C. Jessamy                                                                                                                                                        Phone

   State’s Attorney

 

FOR IMMEDIATE RELEASE  

 

For Information Contact:                       Margaret T. Burns

Chief, Communications & Governmental Affairs

                                                            Office (443) 984-1121             

Cell (443) 474-7479

                                                                        Or

Joseph Sviatko, Public Information Officer

Office (443) 984-1122

                                                            Cell (410) 790-3248

MEDIA ADVISORY

 

BALTIMORE JURY CONVICTS ERIK STODDARD A THIRD TIME

 FOR DEATH OF 3-YEAR OLD CALEN DIRUBBO

 

Felony Family Violence Chief Prosecutes Stoddard in Third Trial Yielding Convictions For Involuntary Manslaughter and Child Abuse Resulting in Death

 

Appeals Twice Vacated Second-Degree Murder Convictions in 2003 & 2007

 

Baltimore, MD – May 1, 2008 – Just after 5 PM this afternoon, following 3-hours of deliberations, a Baltimore jury convicted Erik Stoddard, 27, of the 2500 block of Moore Avenue, of involuntary manslaughter and child abuse resulting in death.  Prosecutors proceeded with a third trial after submitting last year on a defense motion for a new trial following appeal questions on a voir dire question during jury selection.

 

The jury reached a verdict following 8-days of testimony.  Stoddard faces a maximum possible prison term of 40-years in prison.   The Honorable Kaye Allison will sentence Stoddard on June 16, 2008 following a pre-sentence investigation.

 

“I am very pleased with the jury’s verdict and recognize the efforts of Calen’s extended family who pressed forward with three long trials and who desperately wanted justice for this delightful toddler, fully engaged in life, who was snatched to death at such an early age,” said prosecutor Julie Drake, Chief of the Felony Family Violence Division.

 

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.

 

###