Biden applauds passage of strengthened Freedom of Information Act

DOVER – To address a long-running issue with the state’s Freedom of Information Act, Attorney
General Beau Biden strongly supported legislation championed by Senate President Pro Tem
Anthony DeLuca, House Speaker Robert Gilligan, and Sen. Karen Peterson to strengthen FOIA.
Senate Bill 283 allows the Attorney General’s office to intervene on behalf of citizens in FOIA
disputes with state agencies if the agency fails to comply with the office’s advice to produce the
requested records. Under current law, citizens themselves are required to file a lawsuit in FOIA
disputes with state agencies.

“Since we took office we have looked for ways to make it easier for citizens to get information
about their government and this new procedure is the latest step in that process,” Biden said. “It
makes seeking information easier and less costly to obtain. President Pro Tem DeLuca and Speaker
Gilligan are ensuring that citizens have even more access to information. We would also like to
thank Senator Peterson for her leadership on an issue she has been devoted to for many years.”
SB 283, which passed unanimously in the Senate last week, passed unanimously in the House of
Representatives late yesterday and now heads to Governor Jack Markell.

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Legislation increasing penalties for carrying concealed firearms signed into law

Dover – Criminals who illegally carry a concealed firearm will now face longer prison sentences
under a law Governor Jack Markell signed today that was written by Attorney General Beau Biden’s
office.

“Gun violence is an unfortunate reality in many parts of our state,” Attorney General Biden
said. “Thanks to this new law, criminals who illegally carry concealed firearms will be strictly
punished. This legislation is a necessary common-sense tool in our fight against crime and our
efforts to enhance public safety for all Delawareans.”

“It’s great to welcome back our Attorney General with a solid success, the signing of
legislation that would increase the penalty for carrying a concealed firearm in our communities
without a license,” Governor Markell said. “This legislation gives judges the opportunity to hold
people who are already breaking the law more accountable.”

Specifically, House Bill 226:
• Enhances the penalty when an individual is arrested for carrying a concealed firearm by
increasing the maximum jail sentence from 2 years to 8 years
• Adds the charge of carrying a concealed deadly weapon to Delaware’s list of violent
felonies when that weapon is a firearm. Under Delaware’s sentencing guidelines, crimes
classified as violent felonies are subject to higher presumptive sentences, and habitual
offenders charged with this crime now face mandatory jail terms.
Rep. Larry Mitchell, D-Elsmere, the bill’s chief House sponsor, said that carrying a
concealed firearm is a serious offense and should be treated accordingly. “Illegally carrying a
concealed firearm poses a serious public safety risk,” said Rep. Mitchell, a retired New Castle
County police officer. “There is no good reason for someone to illegally hide a handgun in public,
and anyone who circumvents the law should face serious consequences.”
Sen. Brian Bushweller, D-Dover, the bill’s chief Senate sponsor said he hopes the bill will
have a deterrent effect on gun crime. “This is a very narrowly targeted bill that increases penalties
only for carrying a concealed weapon when that weapon is a firearm,” he said. “By increasing the
felony penalty, we’re sending a message that this is serious and it is my hope that it will make
someone think twice before using a concealed gun to commit a crime.”
House Bill 226 was passed unanimously by the Delaware House and Senate.
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Biden to seek death penalty in murder of Georgetown police officer Chad Spicer

Georgetown – Attorney General Beau Biden today announced that he has decided to seek the death
penalty at trial in the murder prosecution of Derrick Powell, who faces first degree murder and other
charges in the death of Georgetown police officer Chad Spicer. Officer Spicer was shot and killed
while responding to a police call on September 1, 2009.

“Seeking the death penalty is one of the most important decisions an Attorney General
makes. Today, I am announcing that we are seeking the death penalty for the murder of Officer
Chad Spicer. Our thoughts and prayers remain with Officer Spicer’s family, the Georgetown
community, and law enforcement throughout the state of Delaware who were all deeply affected by
Officer Spicer’s murder.”

Biden’s office has notified Powell’s attorneys of his decision. Prosecutors have been
pursuing the case against Powell as a capital-eligible murder case since his arrest.
Powell was arrested on September 1, 2009 and the Sussex County Grand Jury indicted him
on first degree murder and other charges on November 23, 2009. Trial is scheduled to begin in
Sussex County Superior Court on October, 11, 2010.

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Attorney General Biden’s office moves to hold BP accountable if oil damages state’s coastline
Joins 10 other Atlantic coast states in demanding company pay for any damage caused by oil spill.

Attorney General Beau Biden’s Office announced today that it has begun taking steps
that will be necessary to protect Delaware’s coastline if oil from the spill in the Gulf of Mexico washes
up in Delaware.

“Attorney General Biden felt it was important to act now so we are prepared to protect
Delaware’s beaches, wildlife and other natural resources,” said State Solicitor Lawrence Lewis.
“Delaware beaches are a key part of the high quality of life we enjoy and are critical to our economy.
If oil from this spill does damage Delaware’s environment and economy, we will be ready to act to
hold the responsible companies accountable for our losses.”
Biden and 10 other Attorneys General from Atlantic coast states sent a letter to BP and its
affiliated companies Halliburton, Transocean and Cameron on Monday, June 21, requesting that they:
• formally agree to pay all legitimate claims in the Atlantic states related to the oil spill
• designate an employee to work with the offices of the Attorneys General to facilitate fast
communication regarding spill issues
• preserve all documents and other material, such as electronic data, related to the April 20 oil
spill and the companies’ response to the environmental disaster
“Our role as the chief lawyers for our respective states is to protect the interests of our people,
the health of our environment and to provide legal advice to our states,” the letter states. “Though the
immediate area of impact from this catastrophe is in the Gulf region, portions of the East Coast are at
foreseeable risk of substantial harm. Should the oil make its way into the Gulf Stream, our coastal
areas, natural resources and the livelihoods of our coastal communities and people could be threatened.
. . .Even if our coastal waters and communities are not directly impacted, there may well be significant
harm to the migratory bird and fish species that form an important part of our natural resources and
economy.”

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Attorney General Biden’s Office announces 99-count indictment in embezzlement case
Wilmington – Attorney General Beau Biden’s Office announced today that it has secured the
indictment of William Hitch Jr. on 99 felony counts of theft and other charges related to his
embezzlement of more than $150,000 from the Laurel School District dating back to September, 2001.
Investigations conducted by the Delaware Department of Justice and State Auditor’s Office
revealed that Hitch, former Finance Director for the Laurel School District, on regular occasions over a
period of eight years made unauthorized payments to himself of overtime and additional duty pay.
Hitch was indicted by the Sussex County Grand Jury for theft, misusing computer information, and
misuse of public information.

“Attorney General Biden is committed to protecting Delawareans from fraud and abuse,
particularly when they are victimized by individuals who are in a position of trust,” stated Timothy
Mullaney, Director of the Attorney General’s Fraud and Consumer Protection Division. “This
defendant is charged with abusing his authority to steal from taxpayers for personal gain. We are
acting to ensure that he is held accountable for his actions.”

Specifically, the indictment charges Hitch with:
• 1 count of Felony Theft of $100,000 or more
• 12 counts of Felony Misuse of Computer System Information
• 86 counts of Felony Tampering with Public Records (one for each unauthorized payment)
Hitch resigned his position from Laurel School District in December 2009. He turned himself
in to Capital Police in Georgetown on June 11 and appeared before Superior Court Commissioner
Alicia Howard, who set $108,000 unsecured bail. Hitch subsequently posted bail and was released. A
Case Review hearing has been scheduled for July 19, 2010.

The Delaware Department of Justice reminds the public that an indictment is merely an
allegation and is not evidence of guilt. Defendants are presumed innocent and are entitled to a jury
trial at which the state bears the burden of proving each charge beyond a reasonable doubt.