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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFreddie Gray officers suing prosecutor Marilyn Mosby
(CNN) Baltimore State's Attorney Marilyn Mosby is going from prosecutor to civil defendant in connection with the case of the death of Freddie Gray.
On Wednesday, Mosby announced that charges against three officers still facing trial were being dropped. Mosby gave only a statement, but had to leave without taking questions because five of the officers in the case have filed lawsuits against her.
Officers Garrett Miller, Edward Nero and William Porter as well as Sgt. Alicia White and Lt. Brian Rice are suing Mosby and Maj. Samuel Cogen of the Baltimore Sheriff's Office. Cogen was the law enforcement officer who filed charging documents against the officers.
The lawsuits allege false arrest, false imprisonment, defamation or false light, and other assertions. They were filed in U.S. District Court in Maryland in 2015 in late April and early May around the time the officers were arrested.
http://www.cnn.com/2016/07/27/us/baltimore-marilyn-mosby-officer-lawsuits-freddie-gray/index.html
Iggo
(47,561 posts):middlefinger:
cyndensco
(1,697 posts)ileus
(15,396 posts)It could stop this from happening to other LEO's out there...no one should get caught up in a political shit storm of others making.
NaturalHigh
(12,778 posts)This was a trumped-up prosecution from the beginning.
Tommy_Carcetti
(43,188 posts)The nature of the incident in and of itself screams criminal negligence at the least. Exactly how does that qualify as being "trumped up"?
NaturalHigh
(12,778 posts)At the very least these officers were overcharged.
Tommy_Carcetti
(43,188 posts)And if your actions are done with callous disregard for human life, it does equal second degree murder, even absent premeditation.
"They were overcharged" is a frequent excuse thrown out in cases like this, but time has a way of justifying the decision that initially seemed foolish and contrary to the legal outcome. (See: Trayvon Martin/George Zimmerman)
Amishman
(5,559 posts)There does not appear to have been a rough ride. Video evidence has the truck driving normally.
The other passenger in the van told police that Gray was 'trying to knock himself out'. Yes, he recanted this later, but given the lack of a rough ride, it is actually the most believable explanation.
There are plenty of people who are victims of intentional malicious police activity, but it doesn't look like Freddie Gray was one of them.
ReasonableToo
(505 posts)the proper response is thank you rather than lawsuit.
NaturalHigh
(12,778 posts)She wanted their scalps to further her political career.
TipTok
(2,474 posts)Her career took a major hit because of this.
Prosecutors often play nice with police but not at the cost of their own personal careers.
ReasonableToo
(505 posts)When the public DEMANDS charges the DA overcharges so they can say that they'e done all they can. Then the jury (grand or regular) applies the evidence to the judge's instructions and acquits/doesn't approve charges. All's well behind the thin blue line.
Proud Liberal Dem
(24,422 posts)but creating a precedent where criminal defendants could start suing for being prosecuted- if the prosecution loses/drops charges- might get messy for everybody involved unless there is clear and convincing evidence that the prosecutor acted irresponsibly/maliciously. Might not want to open a "Pandora's Box" like this. I believe that Gray's cause of death was ruled as "homicide" and these LEOs were involved with Gray at the time of his death. Who else was Mosby going to try to hold responsible? It's possible that she didn't handle everything correctly but was she irresponsible in trying them and isn't this suit basically retaliation for trying them at all?
TipTok
(2,474 posts)These charges were hugely overreaching and brought out 12 days after the fact with the actual investigation just starting.
If Mosby had them dead to rights or clear proof of intent that might be appropriate but as 4 or 5 failed cases show, she wasn't even close.
Give the judges rulings a look sometime. It's very enlightening.
A prosecutor shouldnt be able to put people through this without a reasonable chance of success and she never stood a chance.
She was banking on getting a minor charge and turning one against the others and hoping something would turn up. When that didn't happen she pushed forward with out evidence.
Edit : oh wait, I just found out she got that too for the first time in state history.
That is misconduct and I hope they win.
NaturalHigh
(12,778 posts)Tommy_Carcetti
(43,188 posts)I don't see how anyone can say with a straight face that charges were unwarranted or "trumped up".
uponit7771
(90,348 posts)bigtree
(86,005 posts)...and the cause is still unaccounted for.
Everyone walks away without a shred of accountability for Freddie Gray's severed spine. Not one of the cops have provided a satisfactory explanation.
This lawsuit is shameful, and what you're asking for is a stifling of efforts to make cops more accountable for the deaths and injuries of those in their custody. That's a much more worthy and pressing cause than worrying over the fate of such an inept and careless group of LEOs.
RKP5637
(67,112 posts)noticed he had a serious medical condition. To me, there are a few gaps in all of this.
Tommy_Carcetti
(43,188 posts)Res Ipsa Loquitur.
Guy goes into police van with a functional neck. Guy is not properly secured. Guy comes out of police van with broken neck.
RKP5637
(67,112 posts)Travis_0004
(5,417 posts)Perhaps with more investigation one could charge the van driver, or the sr officer on scene (I would argue not buckling him in is neglegence, not murder.)
Once they charged all 6, It was easy enogh for each to blame somebody else, and get some reasonable doubt.
uponit7771
(90,348 posts)... and wasn't strapped down if they needed to be and died.
Pretty standard
mythology
(9,527 posts)Sadly the trash will go free, but by refusing to secure Gray properly, they directly led to him to the injury that caused his death.
Maryland is a felony murder state. A second degree murder charge for all was appropriate given that not securing Gray shows intent but not premeditation. Given all of the officers were involved in the crime of assault by virtue of not securing Gray, they should all be eligible under felony murder laws.
But sadly the police get special protection even when they are clearly guilty.
TipTok
(2,474 posts)Lack of the buckle proves nothing about intent. Thousands of people had ridden the same way for years with little to no incident.
Tommy_Carcetti
(43,188 posts)Forcing the PD to pay out millions in settlement money where people were paralyzed or seriously injured based on nearly what happened exactly to Freddie Gray.
TipTok
(2,474 posts)It was why the policy was put in place but the lack of buckling him in was hardly intent to harm. Some folks did have incidents but the vast majority made it fine over the years.
lapucelle
(18,294 posts)because she charged so many. It seemed like an admission that they hadn't determined what had actually happened.
I wonder if she ignored advice from more seasoned prosecutors when she framed her charges.
TipTok
(2,474 posts)Limelight at least...
still_one
(92,303 posts)DLevine
(1,788 posts)treestar
(82,383 posts)What if everyone did that? Win gracefully.
NaturalHigh
(12,778 posts)Iggo
(47,561 posts)NaturalHigh
(12,778 posts)nobody committed murder.
treestar
(82,383 posts)suing the prosecutor every time one is vindicated by dismissal or acquittal.
NaturalHigh
(12,778 posts)that the prosecution in this case was malicious and politically motivated.
Tommy_Carcetti
(43,188 posts)I'll take those odds in favor of Mosby and against the officers.
NaturalHigh
(12,778 posts)I don't know a lot about Baltimore.
Tommy_Carcetti
(43,188 posts)But there's a lot of suspicion about the police for years, and for good reason.
For example: When someone goes into a police van and inexplicably comes out with a broken neck. And Freddie Gray wasn't the first.
NaturalHigh
(12,778 posts)You know of someone else who got hurt in a police van?
Tommy_Carcetti
(43,188 posts)hen a handcuffed Freddie Gray was placed in a Baltimore police van on April 12, he was talking and breathing. When the 25-year-old emerged, "he could not talk and he could not breathe," according to one police official, and he died a week later of a spinal injury.
But Gray is not the first person to come out of a Baltimore police wagon with serious injuries.
Relatives of Dondi Johnson Sr., who was left a paraplegic after a 2005 police van ride, won a $7.4 million verdict against police officers. A year earlier, Jeffrey Alston was awarded $39 million by a jury after he became paralyzed from the neck down as the result of a van ride. Others have also received payouts after filing lawsuits.
For some, such injuries have been inflicted by what is known as a "rough ride" an "unsanctioned technique" in which police vans are driven to cause "injury or pain" to unbuckled, handcuffed detainees, former city police officer Charles J. Key testified as an expert five years ago in a lawsuit over Johnson's subsequent death.
As daily protests continue in the streets of Baltimore, authorities are trying to determine how Gray was injured, and their focus is on the 30-minute van ride that followed his arrest. "It's clear what happened, happened inside the van," Mayor Stephanie Rawlings-Blake said Monday at a news conference.
NaturalHigh
(12,778 posts)Tommy_Carcetti
(43,188 posts)Rex
(65,616 posts)NaturalHigh
(12,778 posts)that shows the van driving normally.
treestar
(82,383 posts)or charges dismissed there is some reason to think they might not have done wrong. It amazes me because they did not belt him in, and so it would seem to have been their carelessness that caused his death. They had some excuse about having to get out of there right away because of onlookers who were threatening. That sounds like something only believable to other police officers - explains why they decided on a bench trial, too, as a judge is going to weigh all that perhaps more dispassionately or even feel like professionals must have done as well as they could. When we are professionals ourselves we can more easily sympathize with the idea of doing the best we can but still not having optimal results. A jury might have decided differently.
NaturalHigh
(12,778 posts)Oh, that's a definite possibility. That's why deciding on a bench trial was such a smart legal decision.
Travis_0004
(5,417 posts)It ended in a mistrial when a verdict could not be reached.
NaturalHigh
(12,778 posts)Did he have a different attorney?
treestar
(82,383 posts)if there is a legal standard for that, so that not every vindicated defendant could do it then that would be desirable.
sinkingfeeling
(51,469 posts)court. Just ask OJ.
Tommy_Carcetti
(43,188 posts)When a handcuffed Freddie Gray was placed in a Baltimore police van on April 12, he was talking and breathing. When the 25-year-old emerged, "he could not talk and he could not breathe," according to one police official, and he died a week later of a spinal injury.
But Gray is not the first person to come out of a Baltimore police wagon with serious injuries.
Relatives of Dondi Johnson Sr., who was left a paraplegic after a 2005 police van ride, won a $7.4 million verdict against police officers. A year earlier, Jeffrey Alston was awarded $39 million by a jury after he became paralyzed from the neck down as the result of a van ride. Others have also received payouts after filing lawsuits.
For some, such injuries have been inflicted by what is known as a "rough ride" an "unsanctioned technique" in which police vans are driven to cause "injury or pain" to unbuckled, handcuffed detainees, former city police officer Charles J. Key testified as an expert five years ago in a lawsuit over Johnson's subsequent death.
former9thward
(32,046 posts)Officers can't be individually sued. The city settled with them months ago.
Homer Wells
(1,576 posts)Il_Coniglietto
(373 posts)Just
onecaliberal
(32,878 posts)NaturalHigh
(12,778 posts)I would think that the judge in these cases heard a lot more evidence than we have.
onecaliberal
(32,878 posts)Maybe it's okay because it's not your family or you. These stupid fucks don't have the good sense to thank their lucky stars they don't get what they deserve. So many black men are in prison for their entire lives for much much less.
NaturalHigh
(12,778 posts)onecaliberal
(32,878 posts)TipTok
(2,474 posts)... or just have a desire to go with mob rule?
TeddyR
(2,493 posts)The prosecution had four different trials and yet couldn't prove its case in a single instance.
From the WaPo:
https://www.washingtonpost.com/local/public-safety/prosecutors-in-freddie-gray-cases-faced-an-uphill-battle-from-the-very-beginning/2016/07/27/f788fd28-5413-11e6-b7de-dfe509430c39_story.html
NaturalHigh
(12,778 posts)I know people, though, who still insist that "something happened" in the Duke lacrosse rape frame-up. Once some people have made up their minds, there's no changing them under any circumstances.
Humanist_Activist
(7,670 posts)Gray did NOT make up his own death. Someone is responsible, and it seems likely that it was negligence that killed him, at the very least. But, he's just another dead black man, so he doesn't matter.
NaturalHigh
(12,778 posts)Tragic death, though, doesn't necessarily equal murder.
uponit7771
(90,348 posts)NaturalHigh
(12,778 posts)Humanist_Activist
(7,670 posts)to hold anyone accountable for it.
The black bodies will just continue to pile up, and people such as yourself will lambast at how terrible it is, but that there's nothing that can be done, or should be done. Weep for the fallen, and do nothing to prevent the inevitable deaths that will result in the future.
TeddyR
(2,493 posts)Or not, but before we send someone to prison for committing a crime the prosecution has to prove the case beyond a reasonable doubt. The state tried 4 different officers in 4 different trials and ended up with a hung jury and 3 acquittals. They even had to fight to force one of the police officers to testify against co-defendants, a first in Maryland history, because the evidence was so lacking:
The courts imaginings do not serve as a substitute for evidence, Williams said in his most recent verdict.
That evidence was lacking for prosecutors became apparent when they fought to have Porter testify against other officers charged in the case despite awaiting retrial. Never before in Maryland history had a co-defendant facing trial been forced to testify for the prosecution. But prosecutors took the case all the way to the states highest court, saying their case would be gutted without Porter as a necessary and material witness. After months of legal wrangling that delayed the trials, the Maryland Court of Appeals ruled that Porter, Miller and others could be compelled to testify in exchange for limited immunity.
joshcryer
(62,276 posts)As usual, police get preferential treatment.
NaturalHigh
(12,778 posts)whether they are tried together or separately.
joshcryer
(62,276 posts)But you never see it happen in hazing death cases. This was no different.
Uponthegears
(1,499 posts)I am an old black man now. I also admit that I have been dumped into a pit of cynicism by three plus decades of criminal and civil litigation related primarily to capital punishment, the gift/curse of a father who understood institutional racism and knew that his son would die on its altar if he didn't step in and get me out.
Forty-plus years ago, though, I was Freddie Gray (or Michael Brown, or any of the thousands of other young black males in this country who are targeted for near constant law enforcement contact). I was a fortunate Freddie Gray to be sure, but that is a different and long story. I was the kid who was always getting called over by some cop to "talk about" who I was, why I was where I was, what did I have in my pockets, where's my ID . . . I was also the kid who wasn't going to put up with it, at least not quietly.
I may not know the facts of Freddie's case (you can ask me about Michael Brown if you want to get into specifics). I, however, have seen the back of a police van. We used to call it "shake and bake" because that stuff had just come out and was all over the TV . . . handcuffed, tossed back of a van that had to have been over a hundred degrees a lot of the time, and slammed back and forth around corners and over pot holes and curbs.
(As a relevant aside, never, not once, were charges ever filed.)
I have a message for the cop defenders here. Just because in your privileged world you don't have these kinds of experiences doesn't mean they don't exist.
The next time you want to criticize a person of color or a prosecutor of color for political correctness, do yourself a favor
Don't
Oh, btw, the same goes for talking about how "smart" cops are for waiving jury and going in front of a judge who they know is doesn't give a FRA about people like Freddie Gray. That's not "smart." It's being privileged.
NaturalHigh
(12,778 posts)that doesn't really change my opinion about this case or the prosecutor.
Uponthegears
(1,499 posts)You are free to your opinion, of course.
I only hope that you pause to consider that there are people in this country who understand exactly why charges were brought in this case.
Thanks
rockfordfile
(8,704 posts)NaturalHigh
(12,778 posts)4Q2u2
(1,406 posts)No matter color. It is a Constitutional Right and should be respected by all.
http://www.washingtontimes.com/news/2016/jun/9/baltimore-judge-scolds-prosecutors-for-withholding/
http://www.cnn.com/2016/05/24/us/judge-barry-williams-baltimore-trials/
I do not believe the Prosecutor charged the Officers because of PC. I think she did it out of Political Gain. Like many over zealous fame and fortune seeking Prosecutors in the Country. Quite American if you think about it.
Freddie Gray was killed by negligence and or malice by one or even all of the Officers, it is too bad he did not get even one modicum of Justice. May he haunt those Officers for ever.
Uponthegears
(1,499 posts)Every defendant has a right to waive a jury. However, it is only cops (and other of the privileged among us) who automatically receive a trier of fact partial to their interests by doing so.
And, while I am also inclined to consider all prosecutorial decisions "politically motivated," a decision by an elected prosecutor to set themselves up to run against the opposition of the law enforcement community in the next election (a community which, even before the election arrives, can make or break every case they handle) hardly seems the work of a savvy politician.
Lee-Lee
(6,324 posts)With her multiple press conferences and media appearances that were way over the top of what one expects from a DA in a case- to include getting on stage with Prince at a concert- it does give the appearance that publicity was a factor.
She may have had aspirations that success here could set her up for election to another office- Mayor, Congress, etc.
As for a bench trial, an old DA told me this when I was a deputy- if the facts are on your side, you want a bench trial. Judges are much harder to dazzle with bullshit and don't fall for emotional arguments and tend to act only on the facts and the law. If the facts are not on your side you want a jury, because a jury is far more likely to be swayed by bullshit or emotion or misapply the law.
NaturalHigh
(12,778 posts)If you're innocent, ask for a bench trial. If you're guilty, ask for a jury.
Lee-Lee
(6,324 posts)Especially when it's more complex aspects of the law where what the law says and what the emotional or gut response is may be different.
If the law is on your side but emotion of public sentiment is not you definitely want a bench trial.
TipTok
(2,474 posts)That bench trial took place in front of an African American judge who spent 8 years prosecuting police in the Civil Rights division of the Justice Department.
The prosecution had nothing but supposition and guesses about what might have happened and failed at every turn to substantiate those guesses.
That isn't privilege, that's just a fact.
LanternWaste
(37,748 posts)"That isn't privilege, that's just a fact..."
Often, privilege is fact; as the one does not deny the other.
NaturalHigh
(12,778 posts)There just wasn't any case.
Uponthegears
(1,499 posts)ANY judge isn't biased in favor of cops is ridiculous.
NaturalHigh
(12,778 posts)Uponthegears
(1,499 posts)Because you post with respect for others. That is a rare thing.
I tend to shy away from war stories, unless I can't think of any way to make a particular point, but let me just provide a generic question which you, as a former law enforcement officer, might appreciate.
How many times has a judge in a criminal case been faced with the following scenario.
The defendant, who is pretty widely known in the community and to law enforcement as a drug dealer, has been charged with possession with intent to distribute more than 5 grams of crack cocaine and weapon. Because he has already been convicted of a prior distribution charge, he is looking a 15 years minimum mandatory (5 -- for more than 5 grams -- +5 -- second offense -- +5 -- the gun). The drugs and the weapon are found during a warrantless search of his home. He files a motion to suppress, claiming that the search was illegal. The Government opposes, claiming that the defendant gave him permission to search his house. Three witnesses testify, the defendant, his girlfriend, and the officer to whom the Government permission to search was given. The defendant and his girlfriend say they refused to give permission to search. The officer says they did.
In that scenario, crack dealer's word against officer's word, where no one in their right mind would giver permission to search, how often is the evidence suppressed?
Again, I want to repeat this because at least with me you have been totally respectful, I respect whatever opinion you offer.
NaturalHigh
(12,778 posts)and by the way, I'm a strong supporter of everyone's constitutional rights against illegal search and seizure. Undoubtedly in that case the judge would side with the police officer against the drug dealer and his girlfriend.
By the way, I'm not a former LEO, just friends with several. I don't make it a secret that my sympathies usually lie with the police, but I also think they should be held to strict standards.
Uponthegears
(1,499 posts)NaturalHigh
(12,778 posts)joshcryer
(62,276 posts)It was impossible to prove any single one of them caused Gray's death. But common fucking sense says they all contributed in one way or other.
There are countless incidents of people killing someone, in particular hazing cases, where tried together the accused are found guilty.
Tried apart any group of murderers will get off because you can't prove who did it. They had to be tried together, as a group.
TipTok
(2,474 posts)Mosby even got a state first of forcing one to testify against the others and still couldn't meet the standard or even get close to it.
The law doesn't mean that everyone in authority within a certain radius of someone who dies is guilty of murder.
joshcryer
(62,276 posts)There's no right to not testify against someone except a spouse.
Those people killed that man. They all mishandled his treatment and had no regard for his life.
If this happened to a civilian they would go to jail. Look at any hazing case. A handful of them go to trial every year. The google search for "hazing prosecution" is insane.
TipTok
(2,474 posts)It's not just testifying against others. It was forcing him to give up his 5th amendment rights under a veil of very limited immunity.
The whole case was rotten.
Uponthegears
(1,499 posts)the focus always remains on the race of the victim, not the race of the individual who participates in the racist system.
What the prosecution had pretty much uncontested circumstantial evidence, e.g., rendering Gray unable to defend himself (via the restraints in which he was placed), failing to secure him in a dangerous container, then driving in an erratic manner. Based upon that evidence it asked the trier of fact to make the inference (what you call "guess" that the elements of the crime had been met. This is not particularly unusual in criminal cases.
The judge, as could have been predicted (you don't get onto the federal bench if you believe that the criminal justice system intentionally targets people of color), declined to make the inferences.
That is privilege.
procon
(15,805 posts)What the hell are they thinking! The consequences will make their lives more dangerous and create a flashpoint that will tear their city apart. Is that what they really want?
joshcryer
(62,276 posts)But she couldn't prove any single one of them killed Gray. It was their total actions.
Tommy_Carcetti
(43,188 posts)....protecting whichever one was on trial at the moment.
I think undoubtedly there was criminal behavior that lead to his death. Can't understand why they'll walk off scot free. But I'll never understand why George Zimmerman walked off scot free, either.
NaturalHigh
(12,778 posts)Well, at least three of them have faced trial and been found not guilty. Trying the other three on the same evidence makes no sense.
joshcryer
(62,276 posts)And I don't fault them for that. Just ultimately disappointing. They never faced the right trial. I am proud of Mosley for dropping it, Save's taxpayer money. She was possibly naive thinking she could try them together.
Travis_0004
(5,417 posts)Instead of doing a through investigation, she just charged them all, within 2 weeks.
If I wanted reasonable doubt as a lawyer, I would just point to the fact that not even the prosectuion knows who to charge, so they are just going to charge everybody and see what sticks.
joshcryer
(62,276 posts)She did a piss poor job arguing that they should've been tried together. But she is young and unprepared for that kind of thing.
Her heart and sense of justice was in the right place.
NaturalHigh
(12,778 posts)I would argue that it was her hunger for publicity and ambition for higher office that motivated her rather than her sense of justice.
Lee-Lee
(6,324 posts)The person riding in the van with Gray gave testimony twice to investigators that he heard what sounded like someone in the back slamming himself hard into the side of the van. In the third interview, after the story broke and he learned the person in the back was Gray, his story changed to describe more of a tapping or knocking than a person slamming themselves.
Most and her office withheld this changing testimony from the defense, and got slammed hard by the judge for doing so.
It's hard to argue there wasn't significant prosecutorial misconduct. Super fast to bring charges before the case was done investigating, multiple public appearances and statements about the officers guilt before the investigators had even finished their job and made a report, illegal withholding of evidence that didn't help her case. And she slammed the PD as being the problem because their investigators didn't come to the conclusion she wanted, but she never had the investigators who world for the prosecutors office investigate- if she really thought she was brought a bar investigation that should have been the first order of business before the first trial.
pintobean
(18,101 posts)It's an inconvenient fact that's ignored by those who support Mosby.
NaturalHigh
(12,778 posts)she should be dragged before the bar committee and sanctioned.
Lee-Lee
(6,324 posts)I think it was some right wing activist lawyer, but it is pending none the less.