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NaturalHigh

(12,778 posts)
Thu Jul 28, 2016, 10:01 AM Jul 2016

Freddie 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

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Freddie Gray officers suing prosecutor Marilyn Mosby (Original Post) NaturalHigh Jul 2016 OP
Fuck those murdering motherfuckers. Iggo Jul 2016 #1
My thoughts EXACTLY! cyndensco Jul 2016 #8
Let's hope they are successful. ileus Jul 2016 #2
My thoughts exactly. NaturalHigh Jul 2016 #4
Eh??? Tommy_Carcetti Jul 2016 #10
Criminal negligence does not equal murder. NaturalHigh Jul 2016 #17
It shouldn't get them off the hook, though. Tommy_Carcetti Jul 2016 #21
what do you consider to be the 'callous disregard for human life'? Amishman Jul 2016 #88
when officers are "over charged" in an attempt to get them acquitted.. ReasonableToo Jul 2016 #36
You really think Mosby was trying to get them acquitted? Seriously? NaturalHigh Jul 2016 #38
More than that.... TipTok Jul 2016 #56
Generally speaking, it's a common tactic across the country: ReasonableToo Jul 2016 #89
I don't know all of the facts in the matter Proud Liberal Dem Jul 2016 #5
Cases can be tried on their merits... TipTok Jul 2016 #11
"That is misconduct and I hope they win." NaturalHigh Jul 2016 #60
There was almost unquestionably criminal negligence in this incident. Tommy_Carcetti Jul 2016 #13
+1 uponit7771 Jul 2016 #64
wasn't politics that broke that man's spine bigtree Jul 2016 #7
That, is the bottom line. How did his spine get broken, and wouldn't the officers had RKP5637 Jul 2016 #27
So exactly how did Freddie Gray's neck get broken? Tommy_Carcetti Jul 2016 #9
Exactly!!! To me, there is missing information in all of this! n/t RKP5637 Jul 2016 #28
So the solution is charge 6 people with murder Travis_0004 Jul 2016 #48
Yeap, that's exactly what would happen to you if someone was in your vehicle under your care uponit7771 Jul 2016 #63
They were at fault because none of them did anything mythology Jul 2016 #66
The policy to buckle was relatively new... TipTok Jul 2016 #81
Except that multiple incidents did happen in Baltimore. Tommy_Carcetti Jul 2016 #83
Not arguing that... TipTok Jul 2016 #90
It was almost as if Mosby herself created reasonable doubt as to individual defendants lapucelle Jul 2016 #105
Like a moth to the light... TipTok Jul 2016 #110
Most important point, the officiers did NOT secure him in a seat belt still_one Jul 2016 #76
Fuckers. Have they no shame. nt DLevine Jul 2016 #3
FFS treestar Jul 2016 #6
They probably need to recoup some of their legal fees. NaturalHigh Jul 2016 #12
So it costs them a few dollars to get away with murder. I ain't sad. Iggo Jul 2016 #14
According to every verdict rendered in this case... NaturalHigh Jul 2016 #15
Maybe but don't like the concept of treestar Jul 2016 #19
I don't either, but I think there's a good chance a jury will find... NaturalHigh Jul 2016 #20
In Baltimore City? Tommy_Carcetti Jul 2016 #22
Really. Do they hate police that much? NaturalHigh Jul 2016 #23
Hate police? I don't know. Tommy_Carcetti Jul 2016 #24
"And Freddie Gray wasn't the first." NaturalHigh Jul 2016 #25
Certainly. Tommy_Carcetti Jul 2016 #29
Interesting. I didn't know that. NaturalHigh Jul 2016 #32
Well now you do. nt Tommy_Carcetti Jul 2016 #33
Does that change your mind about what might have happened? Rex Jul 2016 #78
Well, it doesn't really fit with video footage... NaturalHigh Jul 2016 #98
Since they are acquitted treestar Jul 2016 #30
"A jury might have decided differently." NaturalHigh Jul 2016 #34
One was a jury trial. Travis_0004 Jul 2016 #49
I remember that. I wonder why he didn't ask for a bench trial. NaturalHigh Jul 2016 #100
True treestar Jul 2016 #26
Is the Gary family suing the officers? Takes less proof in civil sinkingfeeling Jul 2016 #16
They'd certainly have precedent for a recovery. Tommy_Carcetti Jul 2016 #39
They sued the city. former9thward Jul 2016 #86
Kick for exposure nt Homer Wells Jul 2016 #18
No words. Il_Coniglietto Jul 2016 #31
Unfuckingbelievable. I hope there is karma in this world and they receive a very healthy serving. onecaliberal Jul 2016 #35
You do realize that they've been found guilty of nothing, right? NaturalHigh Jul 2016 #37
A man is dead who was alive while under their care. onecaliberal Jul 2016 #40
So you know more than the judge who heard the case. Got it. NaturalHigh Jul 2016 #43
I don't give a fuck about a judge who protects murdering cops. GOT IT!! onecaliberal Jul 2016 #45
Do you care about the law? TipTok Jul 2016 #58
+1 DLevine Jul 2016 #44
Exactly TeddyR Jul 2016 #41
Yeah, you'd think going 0-4 would be a pretty definitive statement. NaturalHigh Jul 2016 #42
That's a false comparison, the woman in the Duke Lacrosse case made up the rape... Humanist_Activist Jul 2016 #46
Of course he matters. His death was tragic. NaturalHigh Jul 2016 #47
Strawman, it doesn't have to be murder for someone to be charged uponit7771 Jul 2016 #65
Of course not, but weren't some of the officers charged with murder? NaturalHigh Jul 2016 #71
Not the point, the point is that, because he's a black man, his death isn't tragic enough... Humanist_Activist Jul 2016 #112
It may have been likely TeddyR Jul 2016 #54
ONLY because they were tried separately. joshcryer Jul 2016 #68
I don't know what the law is that determines.. NaturalHigh Jul 2016 #70
It's the judges discretion. joshcryer Jul 2016 #72
Let me add a personal touch to Tommy Carcetti's link Uponthegears Jul 2016 #50
While I don't doubt your experiences... NaturalHigh Jul 2016 #51
I wish it were just my experiences Uponthegears Jul 2016 #52
It's clear you have no respect for guy that was murdered by a group of thugs. rockfordfile Jul 2016 #87
I don't believe he was murdered. The court seems to agree. NaturalHigh Jul 2016 #106
A Bench Hearing can be used by any persons 4Q2u2 Jul 2016 #55
Of course that is correct Uponthegears Jul 2016 #57
That all depends on if they intended to keep running for the same office Lee-Lee Jul 2016 #91
Your last paragraph - I've heard that as well. NaturalHigh Jul 2016 #97
Yep. It's far easier to fool or divert a jury than a judge alone Lee-Lee Jul 2016 #104
Those African American cops took bench trials just like their white brothers... TipTok Jul 2016 #59
Often, privilege is fact. LanternWaste Jul 2016 #61
Exactly. To imply the judge was biased in favor of the officers is ridiculous. NaturalHigh Jul 2016 #62
To argue that Uponthegears Jul 2016 #79
I'm sorry you feel that way, but I don't believe that's true. NaturalHigh Jul 2016 #102
I respect your opinion Uponthegears Jul 2016 #107
You bring up a good point... NaturalHigh Jul 2016 #108
I appreciate your insight Uponthegears Jul 2016 #109
And I appreciate your insight and candor. NaturalHigh Jul 2016 #111
The case hinged on them being tried together. joshcryer Jul 2016 #69
That's not how the law works... TipTok Jul 2016 #80
"forcing one to testify against the others"??? joshcryer Jul 2016 #94
Then why was he the first one in state history? TipTok Jul 2016 #95
When it comes to systemic racism Uponthegears Jul 2016 #77
Well, that ought to go a long way toward rebuilding good community relations. procon Jul 2016 #53
Poor Mosby, if those assholes were tried together it would have been open and shut. joshcryer Jul 2016 #67
Yeah, unfortunately, they passed the buck between them... Tommy_Carcetti Jul 2016 #73
"Can't understand why they'll walk off scot free." NaturalHigh Jul 2016 #74
That's a proper defense, of course. joshcryer Jul 2016 #75
You can blame that on Mosby Travis_0004 Jul 2016 #84
They deserved to go to trial for what happened. joshcryer Jul 2016 #93
"Her heart and sense of justice was in the right place." NaturalHigh Jul 2016 #99
She not only overcharged, she withheld evidence from the defense Lee-Lee Jul 2016 #82
Withholding evidence says so much. pintobean Jul 2016 #92
If she withheld evidence... NaturalHigh Jul 2016 #96
I saw a story somewhere that someone had filed to have her disbarred Lee-Lee Jul 2016 #103
The police are out of control. Odin2005 Jul 2016 #85
Knew that was coming yeoman6987 Jul 2016 #101

ileus

(15,396 posts)
2. Let's hope they are successful.
Thu Jul 28, 2016, 10:09 AM
Jul 2016

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.

Tommy_Carcetti

(43,188 posts)
10. Eh???
Thu Jul 28, 2016, 10:39 AM
Jul 2016

The nature of the incident in and of itself screams criminal negligence at the least. Exactly how does that qualify as being "trumped up"?

Tommy_Carcetti

(43,188 posts)
21. It shouldn't get them off the hook, though.
Thu Jul 28, 2016, 11:25 AM
Jul 2016

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)
88. what do you consider to be the 'callous disregard for human life'?
Thu Jul 28, 2016, 08:59 PM
Jul 2016

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)
36. when officers are "over charged" in an attempt to get them acquitted..
Thu Jul 28, 2016, 11:52 AM
Jul 2016

the proper response is thank you rather than lawsuit.

NaturalHigh

(12,778 posts)
38. You really think Mosby was trying to get them acquitted? Seriously?
Thu Jul 28, 2016, 11:54 AM
Jul 2016

She wanted their scalps to further her political career.

 

TipTok

(2,474 posts)
56. More than that....
Thu Jul 28, 2016, 02:02 PM
Jul 2016

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)
89. Generally speaking, it's a common tactic across the country:
Thu Jul 28, 2016, 10:13 PM
Jul 2016

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)
5. I don't know all of the facts in the matter
Thu Jul 28, 2016, 10:19 AM
Jul 2016

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)
11. Cases can be tried on their merits...
Thu Jul 28, 2016, 10:42 AM
Jul 2016

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.

Tommy_Carcetti

(43,188 posts)
13. There was almost unquestionably criminal negligence in this incident.
Thu Jul 28, 2016, 10:56 AM
Jul 2016

I don't see how anyone can say with a straight face that charges were unwarranted or "trumped up".

bigtree

(86,005 posts)
7. wasn't politics that broke that man's spine
Thu Jul 28, 2016, 10:25 AM
Jul 2016

...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)
27. That, is the bottom line. How did his spine get broken, and wouldn't the officers had
Thu Jul 28, 2016, 11:41 AM
Jul 2016

noticed he had a serious medical condition. To me, there are a few gaps in all of this.

Tommy_Carcetti

(43,188 posts)
9. So exactly how did Freddie Gray's neck get broken?
Thu Jul 28, 2016, 10:38 AM
Jul 2016

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.

 

Travis_0004

(5,417 posts)
48. So the solution is charge 6 people with murder
Thu Jul 28, 2016, 12:37 PM
Jul 2016

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)
63. Yeap, that's exactly what would happen to you if someone was in your vehicle under your care
Thu Jul 28, 2016, 03:46 PM
Jul 2016

... and wasn't strapped down if they needed to be and died.

Pretty standard

 

mythology

(9,527 posts)
66. They were at fault because none of them did anything
Thu Jul 28, 2016, 04:13 PM
Jul 2016

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)
81. The policy to buckle was relatively new...
Thu Jul 28, 2016, 05:15 PM
Jul 2016

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)
83. Except that multiple incidents did happen in Baltimore.
Thu Jul 28, 2016, 05:52 PM
Jul 2016

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)
90. Not arguing that...
Fri Jul 29, 2016, 01:54 AM
Jul 2016

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)
105. It was almost as if Mosby herself created reasonable doubt as to individual defendants
Fri Jul 29, 2016, 09:31 AM
Jul 2016

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.

treestar

(82,383 posts)
19. Maybe but don't like the concept of
Thu Jul 28, 2016, 11:21 AM
Jul 2016

suing the prosecutor every time one is vindicated by dismissal or acquittal.

NaturalHigh

(12,778 posts)
20. I don't either, but I think there's a good chance a jury will find...
Thu Jul 28, 2016, 11:23 AM
Jul 2016

that the prosecution in this case was malicious and politically motivated.

Tommy_Carcetti

(43,188 posts)
24. Hate police? I don't know.
Thu Jul 28, 2016, 11:34 AM
Jul 2016

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.

Tommy_Carcetti

(43,188 posts)
29. Certainly.
Thu Jul 28, 2016, 11:43 AM
Jul 2016
http://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-gray-rough-rides-20150423-story.html

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.

treestar

(82,383 posts)
30. Since they are acquitted
Thu Jul 28, 2016, 11:44 AM
Jul 2016

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)
34. "A jury might have decided differently."
Thu Jul 28, 2016, 11:50 AM
Jul 2016

Oh, that's a definite possibility. That's why deciding on a bench trial was such a smart legal decision.

treestar

(82,383 posts)
26. True
Thu Jul 28, 2016, 11:41 AM
Jul 2016

if there is a legal standard for that, so that not every vindicated defendant could do it then that would be desirable.

Tommy_Carcetti

(43,188 posts)
39. They'd certainly have precedent for a recovery.
Thu Jul 28, 2016, 11:54 AM
Jul 2016
http://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-gray-rough-rides-20150423-story.html

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.

NaturalHigh

(12,778 posts)
37. You do realize that they've been found guilty of nothing, right?
Thu Jul 28, 2016, 11:53 AM
Jul 2016

I would think that the judge in these cases heard a lot more evidence than we have.

onecaliberal

(32,878 posts)
40. A man is dead who was alive while under their care.
Thu Jul 28, 2016, 11:56 AM
Jul 2016

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.

 

TeddyR

(2,493 posts)
41. Exactly
Thu Jul 28, 2016, 11:56 AM
Jul 2016

The prosecution had four different trials and yet couldn't prove its case in a single instance.

From the WaPo:

But while Mosby stood firm, defense attorneys and legal observers say the state faced insurmountable hurdles in winning a conviction against any officers from the start: The investigation and charges were rushed, and the evidence was thin. Problems with the case — which some say shouldn’t have been prosecuted at all — and how the state handled it became more apparent with each passing trial.



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)
42. Yeah, you'd think going 0-4 would be a pretty definitive statement.
Thu Jul 28, 2016, 11:59 AM
Jul 2016

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)
46. That's a false comparison, the woman in the Duke Lacrosse case made up the rape...
Thu Jul 28, 2016, 12:07 PM
Jul 2016

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.

 

Humanist_Activist

(7,670 posts)
112. Not the point, the point is that, because he's a black man, his death isn't tragic enough...
Sat Jul 30, 2016, 03:11 PM
Jul 2016

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)
54. It may have been likely
Thu Jul 28, 2016, 01:26 PM
Jul 2016

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:

In reading his verdict across three bench trials, Judge Barry G. Williams repeatedly said that prosecutors did not present enough evidence to show that officers intended to hurt Gray or that his death was anything beyond a tragic accident.

“The court’s 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 state’s 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)
72. It's the judges discretion.
Thu Jul 28, 2016, 04:46 PM
Jul 2016

But you never see it happen in hazing death cases. This was no different.

 

Uponthegears

(1,499 posts)
50. Let me add a personal touch to Tommy Carcetti's link
Thu Jul 28, 2016, 12:40 PM
Jul 2016

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)
51. While I don't doubt your experiences...
Thu Jul 28, 2016, 12:49 PM
Jul 2016

that doesn't really change my opinion about this case or the prosecutor.

 

Uponthegears

(1,499 posts)
52. I wish it were just my experiences
Thu Jul 28, 2016, 12:54 PM
Jul 2016

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

 

4Q2u2

(1,406 posts)
55. A Bench Hearing can be used by any persons
Thu Jul 28, 2016, 01:27 PM
Jul 2016

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)
57. Of course that is correct
Thu Jul 28, 2016, 02:04 PM
Jul 2016

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)
91. That all depends on if they intended to keep running for the same office
Fri Jul 29, 2016, 06:19 AM
Jul 2016

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)
97. Your last paragraph - I've heard that as well.
Fri Jul 29, 2016, 08:45 AM
Jul 2016

If you're innocent, ask for a bench trial. If you're guilty, ask for a jury.

 

Lee-Lee

(6,324 posts)
104. Yep. It's far easier to fool or divert a jury than a judge alone
Fri Jul 29, 2016, 09:15 AM
Jul 2016

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)
59. Those African American cops took bench trials just like their white brothers...
Thu Jul 28, 2016, 02:15 PM
Jul 2016

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)
61. Often, privilege is fact.
Thu Jul 28, 2016, 03:14 PM
Jul 2016

"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)
62. Exactly. To imply the judge was biased in favor of the officers is ridiculous.
Thu Jul 28, 2016, 03:39 PM
Jul 2016

There just wasn't any case.

 

Uponthegears

(1,499 posts)
107. I respect your opinion
Fri Jul 29, 2016, 10:21 AM
Jul 2016

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)
108. You bring up a good point...
Fri Jul 29, 2016, 10:59 AM
Jul 2016

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.

joshcryer

(62,276 posts)
69. The case hinged on them being tried together.
Thu Jul 28, 2016, 04:27 PM
Jul 2016

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)
80. That's not how the law works...
Thu Jul 28, 2016, 05:13 PM
Jul 2016

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)
94. "forcing one to testify against the others"???
Fri Jul 29, 2016, 06:46 AM
Jul 2016

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)
95. Then why was he the first one in state history?
Fri Jul 29, 2016, 07:10 AM
Jul 2016

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)
77. When it comes to systemic racism
Thu Jul 28, 2016, 04:58 PM
Jul 2016

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&quot 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)
53. Well, that ought to go a long way toward rebuilding good community relations.
Thu Jul 28, 2016, 01:19 PM
Jul 2016

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)
67. Poor Mosby, if those assholes were tried together it would have been open and shut.
Thu Jul 28, 2016, 04:19 PM
Jul 2016

But she couldn't prove any single one of them killed Gray. It was their total actions.

Tommy_Carcetti

(43,188 posts)
73. Yeah, unfortunately, they passed the buck between them...
Thu Jul 28, 2016, 04:48 PM
Jul 2016

....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)
74. "Can't understand why they'll walk off scot free."
Thu Jul 28, 2016, 04:50 PM
Jul 2016

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)
75. That's a proper defense, of course.
Thu Jul 28, 2016, 04:51 PM
Jul 2016

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)
84. You can blame that on Mosby
Thu Jul 28, 2016, 06:01 PM
Jul 2016

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)
93. They deserved to go to trial for what happened.
Fri Jul 29, 2016, 06:44 AM
Jul 2016

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)
99. "Her heart and sense of justice was in the right place."
Fri Jul 29, 2016, 08:56 AM
Jul 2016

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)
82. She not only overcharged, she withheld evidence from the defense
Thu Jul 28, 2016, 05:49 PM
Jul 2016

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)
92. Withholding evidence says so much.
Fri Jul 29, 2016, 06:19 AM
Jul 2016

It's an inconvenient fact that's ignored by those who support Mosby.

 

Lee-Lee

(6,324 posts)
103. I saw a story somewhere that someone had filed to have her disbarred
Fri Jul 29, 2016, 09:12 AM
Jul 2016

I think it was some right wing activist lawyer, but it is pending none the less.

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