Governor O'Malley targets judge for keeping murder suspect out of jail

BALTIMORE -
The blunt comments came after a rather staged event in West Baltimore to announce more than seven million dollars in grants to help the crime fight in Baltimore city, but the one crime still on everyone's mind is the murder of Johns Hopkins researcher Stephen Pitcairn.

It is a crime the governor told reporters was a judicial failure.

Asked specifically if the judge in the case dropped the ball allowing suspected murderer John Wagner to roam the streets, O'Malley was direct.

"Yes,” the governor responded, “Yes."

The judge is John Howard.

We reported Howard found Wagner guilty twice of violating his probation on a 2008 assault charge.

Each time the judge did not sentence any part of the eight years suspended hanging over Wagner's head despite efforts of city prosecutors.

Wagner would violate his probation again earlier this month. A warrant was signed for his arrest a mere 3 days before police say he would kill Pitcairn

It is a judicial failure O'Malley says can and should be avoided.

"Whenever I appoint judges the question I always ask each and every one of them is will you send people to jail when they have a history and they are found guilty in front of you of shooting, robbing, committing crimes of violence against others," the governor said.

O’Malley’s statements may be considered political.

Judge Howard was appointed by former governor and current gubernatorial candidate Bob Ehrlich.

Howard would then run for election in 2008 and win a 15 year term.

Contacted today by phone, Ehrlich's campaign responded by saying, "Bob Ehrlich is as outraged about this murder as anyone can be. He wants to find out exactly what happened in the judicial system so we can be sure it never happens again."

The statement goes on to say, "Ehrlich will work to end the backlog of warrants which contributed to this tragedy."

It is a tragedy now rippling well beyond the borders of Baltimore city.

ABC2News has made several attempts to reach Judge Howard for comment, he has yet to respond.