By Danielle E. Gaines
The Frederick News-Post
FREDERICK, Md. — A Frederick man accused of attacks on a relative and two jail employees was convicted Monday in what is expected to be his first of two jury trials this week.
In a one-day trial, a jury found Justin David Freland, 30, guilty of second-degree assault for spitting in a jail employee’s face in February 2012.
Freland will have a second jury trial Thursday for a separate assault on a correctional officer in December 2010.
He has been incarcerated since Christmas Day 2010, the day after he reportedly stabbed a family member more than 30 times.
A trial in that case, in which Freland faces charges of attempted second-degree murder and other crimes, has been delayed until November.
Freland was previously found not competent to stand trial in each case, but he has now been pushing for them to be heard quickly.
Assistant State’s Attorney Kirsten Brown told jurors Monday that Freland was an inmate in cell block A on Feb. 1, 2012, when the assault took place.
Freland was let out of his cell for his one hour of recreation time, during which inmates shower, clean their cells and can spend time in a day room. Freland was let out of his cell and headed for a mop bucket when two correctional officers asked him whether he was planning to clean, according to testimony Monday.
Freland had previously caused problems by dumping the bucket outside the doors of other inmates, Brown said.
Without responding, Freland walked away from the officers and toward the showers, they said. Correctional officer Matthew Hoffman then picked up the mop to take it out of the block, a video shows. Freland argued with him, and Hoffman led Freland, without touching him, back to his cell.
As the door was closing, Freland spat in Hoffman’s face, the officer said. Hoffman testified that Freland spat at him again, but he ducked. Video showed him ducking twice and then leaving the block before a second group of guards entered the room.
Freland’s attorney, Stephen Musselman, said the state could not prove that an assault occurred.
During his time on the stand, Freland said he was just trying to maintain a clean jail cell and had been placed in the A block, a disciplinary unit, for “getting beat up by police.”
He shouted about other conditions of his detention before Judge Theresa M. Adams called for a recess in the trial.
In her closing argument, Brown said the outburst showed Freland’s temper.
“It’s not just disgusting or offensive or degrading,” Brown said of Freland’s actions. “It’s criminal.”
Freland is expected to be sentenced in the case Thursday.