Cumberland Times-News

Archive

July 25, 2009

Prison guard trial resumes Monday

Ex-NBCI correctional officer accused of assaulting inmates

CUMBERLAND — Testimony will continue Monday in the assault trial of a former state correctional officer, one of several officers charged with assaulting inmates during an incident in March 2008 at the North Branch Correctional Institution.

The jury trial of former correctional officer Ryan B. Dolan, 28, of Rawlings in Allegany County Circuit Court was recessed Friday afternoon by Judge Gary G. Leasure following three days of testimony and cross examination.

The case is being prosecuted by Maryland Assistant Attorneys General Franklyn Musgrove Jr. and Jason Abbott, who are expected to call more witnesses Monday before resting their case.

Dolan is being represented by Cumberland attorney Steven R. Tulley, who will continue to cross examine the state’s witnesses prior to presenting his case Monday.

Testimony is expected to be concluded Monday, followed by closing arguments and instructions from Leasure to the jury to begin its deliberations. The jury consists of 10 men and four women, including two alternate jurors.

Dolan is charged with six counts of assault and six counts of conspiracy to commit assault. Four other former officers are scheduled to stand trial on the same charges over the next several weeks in circuit court.

The charges stemmed from alleged assault of six inmates at the maximum-security NBCI  in Cresaptown after they were transferred from the Roxbury Correctional Institution in Hagerstown.

The charges of assault and conspiracy to commit assault both carry maximum penalties of 10 years in prison and/or fines of up to $2,500.

Dolan’s trial follows the jury trial of former fellow correctional officer Tony V. Nery, who was found guilty Tuesday of four counts of assault and four counts of conspiracy to commit assault.

Two counts each of assault and conspiracy to commit assault against Nery were dismissed by Leasure during the trial.

Nery was released on his personal recognizance, pending completion of a presentencing investigation.

Text Only