New Trial for Maryland Man Accused of Stealing From Silver Spring Woman
Find out why a new trial has been ordered for a Maryland man charged with embezzlement and other crimes.

October 06, 2011 /24-7PressRelease/ -- In 2010, 69-year-old Roger M. Greenberg stood before a Montgomery County jury and heard a verdict that would change his life: he had been found guilty of exploitation of a vulnerable adult, embezzlement, theft of more than $500 and duel counts of abuse or neglect of a vulnerable adult. Greenberg was sentenced to 30 years in prison.

Since his trial, Greenberg has been passed back and forth between various Maryland correctional institutions. But, thanks to a recent ruling by the Maryland Court of Appeals, Mr. Greenberg will get another chance at justice.

Greenberg Shielded By Attorney-Client Privilege

Roger Greenberg married Silver Spring resident Evelyn Zucker in 2008 outside a Rockville courthouse. After moving in with her, prosecutors allege that Greenburg improperly encouraged his new wife to withdraw money from her bank accounts, convey to him a complete interest in her home and make him a primary beneficiary in her will. Shortly thereafter, a guardian appointed for Ms. Zucker initiated proceedings to annul the marriage, void the home deed and invalidate the will.

Mark Hessel, a civil attorney who drafted the will and prepared the home deed in question, at one point represented both Greenberg and Zucker. Hessel was called as a witness first at Greenberg and Zucker's annulment hearing, and later in Greenberg's criminal trial.

Even though Mr. Greenberg's criminal defense attorney raised concerns that Hessel's testimony could violate the attorney-client privilege, it was allowed by the trial court judge on the theory that Greenberg had waived the privilege by testifying and allowing Hessel to testify about the underlying subject matter at the earlier annulment hearing. However, communications between an attorney and his or her client within the scope of representation are afforded ironclad protections by the rules of evidence.

In reviewing Greenberg's criminal case, the Maryland Court of Appeals found that the trial judge failed to determine the nature and scope of privileged communication between Greenberg and Hessel, and did not analyze all relevant details to explore the extent of any possible waiver of the attorney-client privilege. Thus, Hessel's testimony may have been improperly admitted to the detriment of Mr. Greenberg.

The Maryland Court of Appeals saw only one way to remedy the error: Greenberg's conviction was reversed and his case was remanded for a new trial.

Montgomery County Retrial Evinces Justice for the Accused

Mr. Greenberg's case shows that while the justice system is not perfect, it is possible to remedy mistakes that arise in the judicial process. If you are under suspicion for embezzlement, fraudor any other crime, contact a Maryland criminal defense lawyer to ensure your rights are protected and you are not unfairly punished.

Press Release Contact Information:

Findlaw PR