Thomas Leggs Jr. trial to start April 18, 2011 for murder of 11 yr old Sarah Foxwell / UPDATE: Leggs sentenced to three years in prison for an unrelated burglary /Thomas J. Leggs Jr. Found Guilty & Sentenced To Life With No Possibility Of Parole.

Family members of an 11-year-old Salisbury girl sexually assaulted and brutally killed released a written statement Friday requesting that the current Wicomico County State's attorney prosecute the death penalty case against the sex offender charged in the child's murder.

The brief statement, signed by Sarah Haley Foxwell's parents, Jennifer Foxwell and Thomas Foxwell III, and her aunt, Amy Fothergill, asks that Davis Ruark remain lead counsel after the conclusion of his current term.

"During this tremendously difficult time, we have had and depended on the support of Davis R. Ruark," wrote family members. "Mr. Ruark is intimately familiar with the case. We are confident that Mr. Ruark is the person to prosecute Thomas Leggs Jr. for the unspeakable acts committed upon Sarah.

"We fully support and appreciate Mr. Maciarello's decision to have Mr. Ruark remain as lead counsel in a trial that will come just four months after the next state's attorney takes office. It is our unwavering desire that Davis Ruark, with the support of his choice of attorneys and staff, continues in the role of lead counsel for the state."

The statement was released a week after Ruark was defeated in the Democratic primary by W. Seth Mitchell, a 53-year-old Salisbury private defense attorney.

After the general election in November, either GOP candidate Matt Maciarello, a 36-year-old partner at a Salisbury-based law firm, or Mitchell will be sworn in as the county's top prosecutor in January -- three months before the Leggs trial is scheduled to begin.

"I'm most appreciative and deeply moved by the sentiments expressed by Sarah's family; however, the final decision regarding the prosecution of Thomas Leggs Jr. rests with the next state's attorney," Ruark said.

Ruark has been handling the highly publicized case since December when Foxwell's body was located in a Delmar field on Christmas day. He is the only prosecutor in the State's Attorney's Office with capital murder trial experience.

In a previous interview, Maciarello said he would offer Ruark the opportunity to remain lead prosecutor in the murder trial scheduled for April 18 in Cecil County but added he and Ruark have not worked out specific details on the arrangement.

Ruark has said he is strongly considering the "gracious offer."

Mitchell said he has not ruled out the possibility of allowing Ruark to prosecute the case.

"I would always have a policy to take into consideration whatever the victim's family's desire is," Mitchell said. "I have an open mind and have placed a call to Davis."

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April 1, 2011


A plea deal has been reached in the case against a man accused of kidnapping and murdering an 11-year-old Salisbury girl.

Thomas J. Leggs Jr., 31, of Salisbury, appearing in Cecil County Circuit Court on Tuesday morning,
admitted his guilt in Sarah Haley Foxwell's death.

"I am guilty," Leggs told the court multiple times, as he took responsibility for his crimes.
Under the terms of the plea deal, Leggs received two life sentences without parole: one for first-degree murder and the other for first-degree sexual offense. He was also given 30 years in prison for kidnapping and 20 years for burglary. All sentences are to be served consecutively.

In a statement to Sarah's family, Leggs said there was no excuse for his "monstrous act." He also said he was thankful Sarah's family spared his life, and that he will spend the rest of his life doing "whatever is necessary" to make sure a crime such as the one he committed is never again perpetrated against another child. Leggs also apologized that because of his actions, Sarah would never see adulthood.

At a press conference held outside the courthouse after the judicial proceedings, Wicomico County State's Attorney Matthew Maciarello - whose office prosecuted the case - said the decision to no longer seek the death penalty against Leggs was largely made out of respect for Sarah's family.

"The Foxwell family has told me that they do not want a lifetime of anguish and appeals, due to the extreme stress, havoc and grief the death of Sarah has caused them and their need to begin healing from this horrible, despicable crime," Maciarello said.
"And because they wished to protect Sarah's sister, a 7-year-old material witness in the case, they have unanimously requested that we withdraw our notice to seek the death penalty in consideration for the plea agreement placed on the record today."

Maciarello also noted that the history of the death penalty in Maryland indicates that it would be highly unlikely that Leggs would be ever executed.
Davis Ruark, who served as a special prosecutor in the case, said that due to the magnitude of the crimes committed against Sarah, it was his personal opinion that Leggs deserved to be put to death. Despite having to withdraw the death penalty against Leggs in order to work out a plea agreement, Ruark said he still believed justice was served in this case.

"Yes, to the extent that the family's wishes were honored, justice was served in this case," Ruark said. When asked if he believed a compromise had been made with a convicted child killer, Ruark replied, "It's not a compromise. He will never come out of prison alive."

Also at the press conference, Sarah's mother Jennifer Foxwell said that now that her daughter's killer is going to prison for the rest of his life, her family can have closure.

"Thank you all so much for giving up your Christmas of '09 to bring our baby home," she said. "We now have closure and we can all move on- including the community."

The press conference took an unexpected turn when Sarah's grandmother, Robert Wechsler, took the podium. She thanked the thousands of people who supported her family and then launched a verbal attack on local blogger Joe Albero.

"From the moment of Sarah's kidnapping, in my opinion, he has exploited her murder and her memory and tortured and pillaged my family."
Following Weschsler's statements, Albero was asked if, as Weschler alleged, he profited off of Sarah's death. Albero denied those allegations. He said that while he is considering writing a book about the tragedy, he has not victimized Sarah's family in any way. 

"Absolutely not. Sarah did not die on my watch- let's just put it that way. She did not pass on my watch," Albero said.

According to court records, on Dec. 23, 2009 Leggs kidnapped and killed Sarah. After a massive three-day search that involved hundreds of police officers and civilians, Sarah's burned body was found in a wooded area of Wicomico County on Christmas Day of 2009.

Authorities have said that Leggs- a convicted sex offender in Maryland and Delaware- had dated Sarah's aunt for a short time several months before the girl's kidnapping and death. 

As part of the plea deal, which spared him a possible death sentence, Leggs agreed to give investigators additional details about the kidnapping and murder of Sarah.

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