Frederick is fortunate he wasn't in Mississippi

Would the jurors  talk now? Would the 12 people who had decided Ryan Frederick's fate, who said he was guilty of manslaughter - but not capital murder - finally discuss their deliberations?

In a word, no. Even though a Chesapeake Circuit Court judge had decided last week to follow their recommended 10-year sentence against Frederick for fatally shooting Detective Jarrod Shivers during a 2008 drug raid.

"I'd rather not comment," said one.

Goodbye, said another.

"Collectively, we didn't want to make any comments to the media out of respect to both families," another said empathetically - and resolutely. The trial "was very tough for the city."

I made the calls this week, searching for how the jurors weighed the evidence; how much Frederick's admitted marijuana growing and pot smoking contributed to the verdict; and whether they blamed the Chesapeake police for their large show of force against someone who had no prior criminal record, and who could have been arrested going to or from work.

Local residents, therefore, have no additional information following the February verdict. It remains a compromise decision that didn't send Frederick away for life, but didn't grant him freedom, either.

However, Frederick, who apologized to Shivers' family during last week's sentencing, should consider himself very lucky.

He could be Cory Maye.

In a Mississippi case that's surprisingly similar to Frederick's, Maye had been on death row in the December 2001 slaying of a police officer during a drug raid. And Maye, who also had no prior criminal record, can make a strong argument that Mississippi law enforcement officials screwed up - and that he's now paying the price. Race hangs over the Mississippi killing: Maye is black, and the slain officer was white.

Maye has been championed by Radley Balko, who has written extensively about Maye's case at www.reason.com and on his own blog, www.theagitator.com. He's also reported about the overuse of police SWAT teams.

In late 2001, authorities obtained a warrant for two apartments in a Prentiss, Miss., duplex. A suspected drug dealer lived in one; Maye, his girlfriend and their toddler daughter lived in the other. The suspected dealer was arrested, and drugs were seized the night of Dec. 26. Officers then turned to Maye's residence, though the warrant - obtained with the help of a "confidential informant" - did not identify Maye or his girlfriend by name.

Maye, who has said he drifted off to sleep that evening and was there with his 18-month-old daughter, was awakened by the commotion and pounding at his door and did not hear police announce themselves. He retreated to his bedroom and fired three shots at a person entering the room. An officer was killed. Only a tiny stub of a marijuana cigar was recovered from his apartment.

Plagued by tactical errors by his original attorney, who had never defended a capital murder case before, Maye was found guilty and sentenced to death. His trial judge later threw out the death penalty, and Maye was re-sentenced to life in prison.

But Balko's spotlight gained the attention of gun rights activists and other attorneys, including the Washington firm of Covington & Burling. It's working for free on Cory Maye's appeals. The Mississippi Court of Appeals will hear oral arguments June 4, including a request to throw out the guilty verdict.

"It was a very troubling case," attorney Abram J. Pafford told me by phone this week. He initially learned about it from reading Balko's updates.

Maye "had no criminal record, no history of violence," attorney Pafford continued. "It seemed so clear to me that Cory's explanation for what happened was so logical... and made so much more sense." The amount of marijuana uncovered from his apartment would have led to only a misdemeanor fine.

Like I said earlier, if you've been following Frederick's case, you'll notice the similarities to the Maye incident. You'll recognize the strong use of force.

And you'll probably come to the conclusion that the Chesapeake jury, correctly, fashioned a verdict that more closely looks like justice.

Roger Chesley is associate editor of The Pilot's editorial page. Reach him at (757) 446-2329 or at roger.chesley@pilotonline.com.