WASHINGTON聽鈥� The lawyer for the Clarksburg High School student who brought a gun to school has filed an emergency motion to reconsider bond, saying the prosecutor’s argument that Alwin Chen had a list of grievances is wrong, but that that claim influenced a Maryland judge鈥檚 decision.
Attorney David Felsen, in the motion filed in Montgomery County District Court, said Assistant State鈥檚 Attorney Frank Lazaro specified three times during Tuesday鈥檚 bond hearing that 鈥渁 list of grievances鈥� was found.
鈥淭he State asserted that the alleged 鈥榣ist of grievances鈥� explained, 鈥榳hy he (defendant) would want to harm people at the school,鈥欌�� wrote Felsen. 鈥淭he State later argued that the 鈥榣ist of grievances鈥� set forth the supposed motive for Mr. Chen鈥檚 alleged bringing the gun to school.鈥�
However, after what he described as 鈥渄iligent research and public statements by the Montgomery County Police Department,鈥� Felsen has determined 鈥淭HERE IS NO LIST OF GRIEVENCES.鈥�(sic)
After Tuesday鈥檚 bond hearing, the Montgomery County Police Department issued an to its press statement, specifying Chen鈥檚 journal had 鈥渘o wording regarding any threat nor any expression of wanting to cause harm to anyone at the school.鈥�
The school鈥檚 principal sent a letter home to parents, saying earlier reports that Chen had a list of grievances were inaccurate, linking to the.
鈥淭he misrepresentations by the State were the basis for Judge (John) Moffett鈥檚 determination that Mr. Chen be held without bond,鈥� wrote Felsen. 鈥淭he (State鈥檚) presentation of 鈥榠ncorrect鈥� information profoundly prejudiced Mr. Chen in the court鈥檚 bond determination.鈥�
In an audio recording of the hearing, as Moffett contemplated whether Chen is dangerous, he included the discovery of 鈥渁 list of grievances on his person鈥� as part of his reasoning to hold Chen without bond.
Contacted 草莓传媒, Ramon Korionoff, spokesman for State鈥檚 Attorney John McCarthy, said, 鈥淎s it is a pending case, we are not making any further comments about it. We will respond to the motion in due course and via the proper legal channels.鈥�
Felsen’s co-counsel on the case is Jill Pogach Michaels.
