Former Harford County Councilman Dion Guthrie’s case against Council President Patrick Vincenti was denied in Harford County Circuit Court Wednesday due to what the court says is the “undisputed fact” that Guthrie’s plea of no contest to a felony charge was accepted by the court, triggering his removal from the council by order of the state constitution.

Wednesday’s decision, signed by Judge Yolanda L. Curtin, cited a Nov. 14 transcript from a Baltimore County Circuit Court hearing during which Guthrie faced a felony theft charge for allegedly stealing more than $23,000 from an electric worker’s union when he was its president.

Guthrie had argued that Judge Dennie M. Robinson did not accept Guthrie’s plea of no contest — formally referred to as a plea of nolo contendere — and that Vincenti had no authority to remove him from the County Council.

However, Curtin said in her analysis of the case that the moment Guthrie submitted his plea of nolo contendere, Guthrie was removed from the council under a provision in the Maryland State Constitution. Curtin said the court “does not have the legal authority to change what is required by the Maryland Constitution.

“The law is clear and the facts that led to the plaintiff’s automatic removal are also clear and subjected to only one interpretation,” Curtin wrote.

In his suit against Vincenti, Guthrie failed to submit the entire Nov. 14 transcript and only submitted a portion that showed what the court is calling a “slip of the tongue” during which Robinson seemingly struck Guthrie’s plea of no contest.

“This court does not read in isolation of a few words stated by Judge Robinson,” Curtin wrote in her analysis. “In looking at the totality of the transcript and the fact that Judge Robinson placed Guthrie on probation …. [it does] appear to be, as described by Vincenti, a slip of the tongue.”

Had Guthrie’s plea been denied, Curtin wrote that Guthrie’s only option would have been to withdraw the plea and elect a trial.

Guthrie’s lawsuit against Vincenti sought for Guthrie to be re-seated on the county council, a temporary restraining order against Vincenti that would prevent prevent Vincenti from continuing to publicly state that Guthrie entered a nolo contendere plea, and to stop Vincenti from preventing Guthrie to serve on the council

Curtin denied Guthrie the temporary restraining order against Vincenti stating that Guthrie’s harm was by his own doing and not by any action from Vincenti and that granting the restraining order would be in direct violation of the Maryland Constitution.

“It would create significant harm to the defendant (Vincenti) who is entrusted with operating the county council in compliance with the Maryland Constitution,” Curtin wrote.

Guthrie said his lawyers are formulating an appeal; they could not be immediately reached for comment.

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