Questions remain despite acquittal
May 15, 2003
Corilyn Shropshire
Staff Writer




The recent acquittal of a man accused of murdering 21-year-old Joseph Tutz of Forestville has left the victim's family and the assistant state's attorney prosecuting the case puzzled.

"I would like to know what it would take to get a fair trial in Prince George's County," said Tutz's stepfather, Don Moats.

"I wish I knew [why the jury acquitted]," added assistant state's attorney Darlene Soltys. "It's kept me up at night. ... I think [the jury] did not like the victim."

According to Soltys, there was "no question" Tutz was a drug dealer who sold ecstasy and marijuana. The jury, she added, may not have felt sympathy for Tutz.

On May 5, a jury found Kevin Glenn not guilty of killing Tutz in late 2001 after one or more men broke into the apartment on the 7500 block of Marlboro Pike in which Tutz and his girlfriend lived.

Prince George's County police officially charged Glenn in December 2002 with Tutz's murder after investigators matched the bullets used to kill Tutz with the .40 caliber handgun in Glenn's possession.

Soltys said the ballistics match conducted on Glenn's handgun and those found on Tutz during the autopsy demonstrate Glenn's culpability.

A tip sent to the family's $5,000 reward hotline implicated Glenn. According to Soltys and Tutz's family, an unnamed woman Glenn was dating at the time accompanied Glenn to rob Tutz in the early morning hours of Dec. 3, 2001. The woman waited in the car as Glenn and an unidentified man entered Tutz's home. When they returned to the vehicle, she testified, Glenn told her the robbery was botched and that he shot Tutz in a headlock. Her testimony, they said, was consistent with the autopsy report.

Glenn's attorney, Steve Kupferberg, maintained the trial's outcome was just. Testimony by the witness, he said, was riddled with contradictions.

"Her testimony was unbelievable and weak," he said of the woman who accompanied Glenn to the crime scene. "She didn't remember events and dates."

The handgun found in Glenn's possession, according to Kupferberg, did not belong to Glenn. Glenn, said Kupferberg, was with his father in Williamsport, Pa., at the time of the murder. Glenn's father and a family friend corroborated Glenn's whereabouts, Kupferberg said. Footprints found at the scene of the murder did not match Glenn's shoes, which were seized by investigators.

The Tutz family said they are counting on Glenn's planned August trial for an unrelated rape charge for retribution in the slaying. They said they are disappointed that the all-minority, 12-member jury failed to convict a black male for the crime of murdering a white male. The jury was comprised of 10 African Americans, one Latino and one Asian.

"Black will not convict another black on murder in P.G. County," said Moats.

"Racial bias," added Tutz's mother, Kay Cross. "It seems to me people act like it works only one way."

E-mail Corilyn Shropshire at cshropshire@gazette.net.

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