Nalley’s sentence in ’93 arson case overturned

Appeal means judge has to change term

Wednesday, Aug. 6, 2008

Nalley sentenced Montgomery, 45, of Nanjemoy to four years and 132 days in prison after the Maryland Court of Appeals overturned his first sentence in June, finding it was illegal.

Montgomery pleaded guilty to arson in 1993 after setting fire to a trailer occupied by his two children and their mother, and Nalley sentenced Montgomery to 25 years in prison with all but five years suspended, according to court records.

After his release, Montgomery violated the terms of his five-year probation by not paying child support. Nalley then issued Montgomery a sentence of 10 years in prison, but said he could avoid serving it if he stayed out of trouble for three years.

‘‘I am telling you if you [Montgomery] are of good behavior between now and three years from now I will reconsider it and vacate it and not make you serve another day,” said Nalley at the 2001 hearing, according to the appellate court opinion written by Judge John C. Eldridge.

Nalley also discontinued Montgomery’s probation, according to the opinion.

Court records show Montgomery didn’t seem to steer clear of criminal activity, pleading guilty to unauthorized removal of property in 2003 and 2004. After his three years were up, Montgomery was arrested to serve the 10-year sentence.

Arguing the execution of his sentence had been illegally delayed, Montgomery filed a motion for its correction, which Nalley denied, according to the Court of Appeals opinion. The Court of Special Appeals upheld Nalley’s decision.

‘‘This appeal from the Circuit Court for Charles County presents a variation of the proverb, ‘No good deed goes unpunished.’ According to Neil Morano Montgomery, appellant, his violation of probation must go unpunished because of a good deed committed by the circuit court ...,” wrote Chief Judge Joseph F. Murphy Jr. in the Court of Special Appeals opinion.

Montgomery then appealed his case to the Court of Appeals, which overturned Nalley’s sentence. According to Eldridge, the Maryland rule allowing sentence delays is meant for defendants who need to take care of personal or financial obligations.

‘‘The purpose of the provision was not to allow a trial judge to monitor the defendant’s behavior for several years,” according to the opinion.

‘‘We salute smartly and do what we’re told,” said Nalley in an interview after Monday’s sentencing.

Nalley resentenced Montgomery for violation of probation to four years and 132 days in prison, which he has already served over the course of the appeals process.

‘‘As far as I’m concerned, you’re released,” said Nalley during the hearing.