Maryland

Frederick, MD: Elmer Spencer Jr. served 3 1/2 years of a 10-year prison term for assaulting a woman. He was released on November 14, 2000. Five days later, Spencer sexually assaulted and killed 9-year-old Christopher Ausherman Jr. in a baseball field dugout. Christopher's parents filed a lawsuit against the state claiming the state prison agency had miscalculated good time credits that led to an early release for Spencer, a mentally retarded man with a history of assaults, including the rape of an 11-year-old boy. The lawsuit also claimed the state failed to properly supervise Spencer after his release. Spenser is now serving two life terms plus 20 years for convictions stemming from Christopher's death. A Maryland state law caps the amount payable by the state treasury in wrongful death cases to $200,000. Christopher's parents were awarded a $200,000 settlement, but plan to seek $775,000 more from the state Board of Public Works or the General Assembly. (Nov-27-06) [BALITIMORE SUN: PRISON RELEASE]

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