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Published On: 3/5/12

NEW FOR MONDAY: State’s Attorney Answers Baby Ava Case Critics

By: Steven Green via Maryland Coast Dispatch

BERLIN -- In response to dozens of Facebook posts on the Worcester County State’s Attorney’s page in recent weeks, Beau Oglesby issued a statement on Friday addressing the situation involving Andre Kaczynski.

Back in December, Kaczynski, while allegedly high on PCP, crashed into a vehicle on Coastal Highway in north Ocean City, causing major injuries to Ava DelRicco, who was 18 months old at the time, and her mother.

On the scene of the accident, which occurred in the morning hours, numerous witnesses reported Kaczynski, the owner of a local construction company, was not remorseful. Kaczynski was held through the Christmas holiday, but later released. Days later, he was again arrested on drug possession charges. He was released again after appearing before a District Court commissioner.

Ava spent the holidays and the next two months hospitalized and has just recently returned home, but her recovery from her major injuries continues and the family reports she has a long way to go to return to fully functioning. However, her progress has been considerable and thousands of people are following her status updates on Facebook.

Over the last month, Oglesby has been criticized by some on his office’s Facebook page in an orchestrated campaign for justice. Most are questioning why Kaczynski is a free man today and questioning why he has not been in court yet.

One post read, “Why is this man still allowed to have his license? Every day he is allowed to drive more children and parents could be critically injured or worse could die with him at the wheel. He should be behind bars and never be able to drive again. We are counting on you to do the right thing”.

Another post read, “Please, explain to us why Ava's tormentor is still on the loose. I have a 19-month-old daughter, and I am afraid to drive with her in the car at times, because I know that people like ‘him’ are out there.  … Please give Baby Ava the justice she so desperately deserves.”

The following is a complete look at Oglesby’s statement, which has been received well by most on his Facebook page.

“Let me begin by expressing my deep appreciation for all those who have come together in common purpose during this unimaginably difficult time to support the DelRicco family. Through your thoughts, prayers and sacrifices our community has once again shown that the family values we hold so dear can lift the spirit and inspire thousands to selflessly give what is needed to those who need it most.

“The Office of the State’s Attorney continues to be committed to holding Andre Kaczynski absolutely accountable for his actions. While it may be true that Mr. Kaczynski was released from jail pending trial, that decision was made by the District Court of Maryland. This Office participated in his pretrial release hearing before a District Court Commissioner and convinced the Commissioner to hold him without bail over the Christmas holiday. After that holiday, our Office was again present when Mr. Kaczynski was brought before a District Court Judge and subsequently released on a $25,000 bond per the Judge’s order. Additionally, all decisions regarding an individual’s privilege to drive a motor vehicle rests solely in the discretion of the Motor Vehicle Administration.

“I continue to be in contact with the DelRicco family keeping them informed. However, Maryland laws and court rules often prohibit making specific comments regarding pending criminal cases to the general public. This can be very frustrating. Not just for this Office, but for the community as well. However, in cases where so much depends on every detail - we must trust the process in order to protect the integrity of the criminal prosecution. I ask that you trust this Office to stand strong on its promise to deliver the justice that the DelRicco’s so rightly deserve.

“In the very near future this Office will release additional information concerning the prosecution of Mr. Kaczynski and the status of Ava’s Law.

As always, I remain unwavering in my commitment to serve the community that has graciously entrusted me with great responsibility.”

Beau H. Oglesby, State’s Attorney for Worcester County.
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