An unexpected reference to abortion in opening statements of a federal police corruption trial in Maryland has prompted a mistrial.

Former Baltimore Police officer Ethan Glover was on trial for allegedly stealing close to $10,000 from a drug bust in 2016, as well as taking $1,000 returned by an informant two years later and then lying about both incidents to the FBI.

The trial was upended after defense attorney Joseph Murtha’s opening argument, when he said that a witness in the case had once considered getting an abortion.

Assistant U.S. Attorney Leo Wise said the comment was unexpected, and that jurors had not been questioned about their beliefs about abortion and whether it would taint their view of the witness.

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“Abortion is an explosive issue right now in our community,” Wise told U.S. District Court Judge Catherine Blake.

Last month, the U.S. Supreme Court overturned Roe v. Wade, the landmark 1973 ruling that had provided constitutional protections for abortion access.

Wise initially asked that Blake instruct the jurors to disregard the comment. But after a recess prosecutors returned and said they wanted more time to research seeking a mistrial.

Wise said he had never requested a mistrial in 17 years as a prosecutor and that the comment was “totally gratuitous” and “about as outrageous as I’ve heard in open court.” Murtha later consented to a mistrial.

A new trial date was not immediately set.

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Glover, who worked on a Drug Enforcement Administration task force, is accused of theft of government property and making false statements to the FBI. Prosecutors say he stole nearly $10,000 from a drug bust that netted the DEA 31 kilograms of cocaine and $2.4 million in cash, and pocketed $1,000 that an informant had returned. Glover gave a voluntary interview with the FBI in 2020 and said he had never stolen money.

Key to the case is Glover’s ex-fiancée, who came forward in December 2020 and told the FBI that Glover had once come home from work and stashed $10,000 in her home. Prosecutors say the funds seized in the 31-kilogram bust were about $10,000 short of the amount on a tally sheet, and the drug dealer from whom the money was taken will testify that the amount was short.

Murtha told jurors that Glover and his ex-fiancé have had a contentious breakup and the claim is untrue.

justin.fenton@thebaltimorebanner.com

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