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Maryland Page 2b Thursday, May 8, 2003 The Sun Woman lacks influence on daughter, says lawyer Judge throws out murder verdict, calls for retrial Reduced sentence sought in boy's abduction to Cairo By Jeff Barker SUN STAFF Parker, from Page 1b versity of Baltimore School of Law professor. Even fewer are granted in the most serious felony cases, he added. Ravenell's motion outlined a host of problems the defense saw in Parker's trial: Ravenell said one juror told him that she and others on the jury talked regularly about the case as it was going on a clear violation of the judge's instructions. He protested that Hennegan did not give defense attorneys the chance to show how Davis, the informant, had to be arrested and forced to come to court, and said the state should have offered evidence to corroborate Davis' testimony that Parker confessed to him. But what swayed Hennegan to grant a new trial yesterday was Ravenell's criticism of Assistant State's Attorney Peter Johnson's closing arguments.

Burden of proof At the end of the multiday trial, Johnson said in his closing that Parker had not "disproved" Davis' statements. Ravenell, seated with Parker at the defense table, objected. According to trial transcripts, he asked the judge to clarify again to the jury that the defense does not have to prove anything. tors say Lebedev arranged for Browne and Parker to rob Rodriguez, a college student who wanted to go to medical school and who Lebedev thought would have cash at his home. Lebedev was sentenced to 40 years in prison.

Browne and Parker went to Rodriguez's Owings Mills apartment the evening of Feb. 26 last year, terrorized Rodriguez's friends, prosecutors say, and then shot Rodriguez execution-style. Prosecutors say Browne, 19, pulled the trigger. He was convicted of first-degree murder this year. December conviction In December, Parker went on trial on felony murder charges and several robbery and gun charges.

A jury found him guilty, despite Ravenell's arguments that the state relied on the testimony of Djuan Davis, a man who admitted he had lied to police and juries. Ravenell filed a motion for a new trial days later. It is a common legal move after a guilty verdict, but one that rarely gets results. "If I had to predict, I would predict that one in 100 motions for a new trial were granted," said Byron L. Warnken, a Uni- KIM HAIRSTON SUN STAFF English alfresco kids in Cairo all I got was Afaf on the line.

Afaf and her husband Osama have complete control. Nermeen, I believe, is the innocent bystander," he said. It's not clear how much Davis-Loomis based her sentence if at all on state prosecutors' belief that the grandmother could help reunite the boys with their father. Assistant State's Attorney Laura Kiessling said at the hearing that the sentence was appropriate for a "very serious crime." She said Khalifa played a significant role in the abduction and that witnesses had testified she "seemed to be in control" of directing the moving vans when the kids were taken. "The punishment should fit the crime, and the crime is abducting a child," Kiessling said.

Brennan also argued that the 10-year term exceeded Maryland's sentencing guidelines for her offenses. But Kiessling said this was an extraordinary case falling outside the recommended guidelines because "what was taken was a child." Escorted into the courtroom in shackles, Khalifa wore pants and a long garment with a scarf over her shoulders. Her handcuffs were removed during the 2-hour hearing, but leg irons stayed on. She was arrested last year when she returned to the United States for a visit. Granted permission to make a statement at the hearing's end, she stood, sobbing, and said, "I came with my own will to the States.

If I did anything wrong, I would never come back." Dahlia Khalifa, 38, who is one of Nermeen's three sisters, also attended the hearing to see her mother. She described her as "one minute hopeful, one minute very depressed." The case is being monitored by the Egyptian Embassy in Washington to ensure that Khalifa's rights are protected, Ambassador Nabil Fahmy said. Brennan said yesterday that he was worried about "ethnic references" made by the state during the trial and sentencing. Kiessling said any comments she made about Egyptian or Muslim practices were in the legal context of the case. Doing their work outside in pleasant weather, Goucher College students Danielle DeMatta (left) and Katie McHargue make comments on each other's English papers yesterday.

An Egyptian grandmother lacks the ability to persuade her daughter to return her two young sons she took from Maryland to Cairo against their father's will, the grandmother's lawyer argued yesterday. Attorney William C. Brennan Jr. said in Anne Arundel County Circuit Court that he is worried that the grandmother, Afaf Nas-sar Khalifa, is being unduly punished because of an unfounded belief that she could sway her daughter to return the children to their father. Khalifa, 60, is serving a 10-year sentence at the Maryland Correctional Institution for Women in Jessup on her conviction for helping her daughter Nermeen Shannon, 34, abduct Adam Shannon, 6.

Yesterday's court hearing, before a three-judge panel, was on a request by Brennan to reduce the sentence. Adam's father, Millersville computer analyst Michael Shannon, had custody at the time that Nermeen Shannon and Khalifa took the boy on a plane to Cairo on Aug. 25, 2001. They also took his brother, Jason, 2, of whom Nermeen Shannon was then the custodial parent. The couple separated in 2000 and are divorced.

Michael Shannon now has legal custody of both boys. The judge in the case, Nancy Davis-Loomis, said in January that she would consider reducing the sentence if Adam is returned to his father. But Brennan said yesterday, "There's nothing in the court record indeed the evidence is all to the contrary that my client has any ability to effectuate the return of the children." Nermeen Shannon is an "independent" woman so much so that she married Michael in 1996 against the wishes of her mother, Brennan argued. Michael Shannon, who attended the hearing as a spectator, said afterward that he disagreed with Brennan's assessment. "Every time I called my UMB opens new facility for health researchers Faculty from medical, pharmacy schools will share $78 million building By Erika Niedowski SUN STAFF Maryland yesterday.

But researchers are planning to begin moving in soon in phases. "We're lucky that we basically double our research space by moving into this building," said Russell J. DiGate, associate dean for research and graduate education at the pharmacy school. "This is state-of-the-art." A grand opening ceremony is scheduled for 2 p.m. today.

Dr. Elias A. Zerhouni, director of the National Institutes of Health, which helped fund the building's construction, will give the keynote address. 773 Pick 4 3410 Day Daily 6560 Night Daily 299 Pick 4 Bonus Match Five, May 7 04 09 14 29 3107 117 19 23 39 46 Lotto, May 7 Lotto: There was no winning ticket for last night's $1.8 million jackpot. Eleven tickets matched five numbers, winning and 514 matched four numbers, winning $40.

Saturday's drawing will be worth an estimated $1.9 million. Tornado warnings issued in Southern Md. Flooding, car damage, downed trees reported Weather service officials said they had not received any reports of funnel clouds touching the ground. Sun staff writer Richard Irwin contributed to this article. lywood and Leonardtown in St.

Mary's County as well as two reports of funnel clouds in Bel Alton along Route 301.There was also a report of a waterspout at Swan Point in Charles County. By JOHNATHON E. BRIQQS SUN STAFF Hennegan agreed. "Mr. Johnson inadvertently I know he wouldn't do it on purpose said that the defense didn't prove anything," Hennegan told the jury.

"Well, the law is, as I've instructed you, they don't have to prove anything. It's the state's burden to prove, and they must prove beyond a reasonable doubt." But a few minutes later, Johnson again talked about whether Parker had proved his innocence. "This man is charged with multiple robberies with a dangerous and deadly weapon," Johnson said. "He's charged with murder, yet he tells the police that night that he was with Crystal Whye playing basketball. If Crystal Whye, if, in fact, she exists, don't you think he might have tried to get her in here?" "Objection, your Honor," Ravenell said.

Hennegan turned to Johnson. "It might be the same argument as before," the judge said. "It's not his burden to prove anything." "I wasn't suggesting that, your Honor," Johnson said. "Can I continue?" "Well, you can't continue saying he didn't put evidence in and, therefore, he's guilty because he didn't present evidence," the judge said. "That's not the law." A matter of rhetoric Often, prosecutors are allowed to use this sort of rhetoric at the end of a case, said Warnken, the law professor.

Johnson and Trimble also said they were legally justified in talking about Parker's alibi. But this time, the judge decided it was unacceptable. "It may have been that the judge was not 100 percent comfortable with the outcome," Warnken said. "Whether he or she means to or not, the judge cannot help but wear the hat of the 13th juror," he said. "They probably have their own opinion of whether the defendant is guilty or innocent.

And while that should not influence whether that defendant is entitled to a new trial, it may." Naval Academy to privatize maintenance positions at school A $78 million facility that will give scientists more space to study deadly infectious diseases, devise new drug treatments and unravel the complex structure of proteins is opening today at the University of Maryland, Baltimore. The six-story building, called Health Sciences Facility II, will be shared by 250 researchers from the School of Medicine and the School of Pharmacy. Most of the space will be used by the medical school. Dr. Howard B.

Dickler, associate dean for research and graduate studies at the medical school, said the new facility will help relieve a space crunch brought on in recent years by a rapid growth in research. It also will aid recruitment of faculty members, particularly in expanding disciplines such as genomics and bioinformatics, he said. "Our only problem is everyone in the faculty wants to be in that building," said Dickler. Among its highlights are a Biosafety Level 3 containment facility featuring seven sealed labs where researchers can simultaneously handle multiple lethal agents, ranging from anthrax to West Nile. The BSL-3 facility, which officials called the largest on the East Coast, also includes an insectary for the study of insect-borne diseases such as malaria.

The building's basement will house the Nuclear Magnetic Resonance Center, where scientists will use enormous magnets called NMR spectrometers to decipher the structure of proteins at the atomic level. The most powerful magnet, yet to be installed, is 13 feet tall, weighs 8 tons and is 350,000 times more powerful than the Earth's magnetic field. "We are getting the very first one that is built," said Dickler. The building, attached to the university's Health Sciences Facility I across from Maryland Shock Trauma Center, is still mostly empty. Workers continued painting walls, sweeping stairwells and polishing floors Tentative deal would cut, move about 300 jobs Information: 410-783-1800 Code 6020 Delaware Day Daily 637 Play 4 8084 Night Daily 008 Play 4 9073 Lotto, May 7 02 19 27 30 33 37 Information: 302-736-1436 Pennsylvania Day Daily 736 Big 4 7060 Night Daily 236 Big 4 3654 Cash 5, May 7 01 05 14 18 24 Super 6, May 6 03 04 38 43 50 64 Information: 900-903-9999 New Jersey Day Daily 787 Pick 4 1493 Night Daily 622 Pick 4 6474 Cash 5, May 7 01 07 13 15 36 Pick 6, May 5 07 12 15 22 28 46 Virginia Day Daily 656 Day Pick 4 4656 Day Cash 5, May 7 08 18 19 23 33 Night Daily 771 Night Pick 4 2672 Night Cash 5, May 7 07 13 16 31 34 Lotto, May 7 10 16 21 35 45 49 Information: 804-662-5825 District of Columbia Day Lucky 623 DayD.C.4 0918 Night Lucky 721 NightP.C.4 6830 Hot Five, May 7 09 10 11 13 30 Q.

Cash, May 7 05 11 14 17 30 36 Information: 202-678-3333 Multistate Games Mega Millions, May 6 05 14 32 44 5224 Powerball, May 7 13 18 34 35 5128 MegaMillions: There was no winning ticket for Tuesday's jackpot. Tomorrow's drawing will be worth an estimated $20 million. By Ariel Sabar SUN STAFF A cluster of severe thunderstorms swept across Southern Maryland last night, prompting tornado warnings by the National Weather Service that urged people to duck for cover as meteorologists traced alarming Doppler radar readings. The band of storms, which formed in Northern Virginia, left flooded streets, downed trees, damaged cars and edgy residents in La Plata, who remembered the deadly tornado that generated winds exceeding 207 mph and flattened the town a little more than a year ago. The first warning was issued at 6:21 p.m., when Doppler radar indicated a developing tornado nine miles southwest of Nanje-moy in Charles County, as the volatile storm system moved east across the Virginia-Maryland border at 30 mph.

The weather service office in Sterling, had received several reports of funnel clouds as the storms continued on a path near La Plata, White Plains and Port Tobacco. About 6:30 p.m., tornado warning sirens blared in La Plata as lightning, gusty winds and sheets of rain hit the region. The Charles County Sheriff's Office in La Plata reported trees falling on cars. Lights flickered inside the Casey Jones restaurant on East Charles Street, jangling the nerves of some customers who were moved to the banquet room away from windows. By 7:15 p.m., as the tornado warning expired, restaurant employee Rebecca Woods, 20, of Waldorf said the storm appeared to be ending, but that it had left some customers who recalled last year's twister "very edgy." But as the storms traveled southeast, the tornado warning was extended to 8:15 p.m.

for eastern Charles County, 8:30 p.m. for southern Calvert County and 9 p.m. for St. Mary's County, warning of large hail and damaging winds. The weather service received reports of downed trees in Hoi- 225.

Alfred J. Walke, a vice president with Consolidated Engineering Services, said the company's proposal calls for 122 jobs, which means about 100 federal workers will be laid off or have to accept jobs elsewhere in the federal government. The Navy broke the news to workers Friday. "They were shocked," said an academy official familiar with the situation, who spoke on condition of anonymity for fear of retribution. "They were like ghosts everyone was so solemn." The workers had been given a chance to draw up a cost-saving plan under a process called Government's Most Efficient Organization.

But their bid was $5.8 million higher than the private contractors', Navy officials said. John E. Peters, a spokesman for the Naval Facilities Engineering Command, said the effort was part of a privatization drive across the armed services. "The current push is to contract out everybody that doesn't pull a trigger," he said. Diane Witiak, a spokeswoman for the American Federation of Government Employees, which represents many of the academy's public works employees, said that outsourcing is generally bad news for federal workers.

"You have federal employees who have decent jobs and are able to support families, and now they're faced with the hard decision of taking a lower-paying job," she said. Cmdr. Bill Spann, an academy spokesman, said in a statement that the school "supports our employees as well as increased government efficiency." More than 300 maintenance jobs at the Naval Academy will be moved to the private sector or cut under a tentative $60 million deal to privatize much of the school's public works division, according to Navy and company officials. A Navy cost study, part of a governmentwide effort to privatize services, concluded that the academy could save $5.8 million over five years by farming the work out to for-profit companies. The civilian workers who perform electrical, ventilation, plumbing and other maintenance jobs at the military college have 30 days to appeal the decision, but their labor union said yesterday that few such appeals succeed.

Dozens of employees have accepted buyouts or early-retirement offers, officials said. Those who remain will be offered jobs with the private contractor, but with salaries and benefits that may be less generous. The Naval Facilities Engineering Command in Washington awarded the tentative five-year contract to Academy Facility Management, a joint venture of DEL-JEN Inc. of Rolling Hills Estates, and Consolidated Engineering Services of Arlington, Va. The academy's public works division has 331 job slots, about 300 of which were filled before buyouts and early retirements reduced the work force to about 1 Sun 1 SUNDIAL A 247 news and information service of The Baltimore more 410.783.1800 INFO CENTER SunDial Directoiy 1000 Talk Back 1800 ..3423 ..3564 ..3631 ..7000 ..6800 Dialing Directions Using a touch-tone phone, call SunDial and enter the four-digit code of the category you want to access.

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