Freddy Gray Verdict #2. Not Guilty

[animlzrule]

Full stops- especially when sudden, are what makes the ride rough. I can go with the "no rough ride" intended theory if he was not placed on the bench of the wagon, but on the floor. If he was initially placed on the bench while hog tied, then that was an intended rough ride.

The problem is we'll never know. No eyewitnesses, and bunch of cops covering for each other. Spines don't spontaneously combust.

 

[K_Z]

I wish Mosby will be punished in an appreciable way but I doubt it will happen. I find it despicable that prosecutors would use their power to harm people simply to further their political agendas.

I'm for the State bringing justice for victims not for making victims out of innocent people. JMO

Patience-- we all have to have patience for a while longer. I'm holding out hope for the Attorney Grievance Commission's decision on the complaints. She is on video saying the things she did, and doing the things she is accused of, so it isn't one person's word against another. Her violations are pretty straightforward. I don't think she will get out of this without at least a suspension of her license-- I'm hoping for disbarment. But I also realistically think that the AGC will take at least 6 months to a year to make a decision about the complaints against her.

She'll never resign-- far too arrogant and entitled, IMO. Unless her license is suspended/ disbared, and she is forced to.

A strong, capable candidate is sure to emerge and challenge her in the next 2 years. And Schatzow and Bledsoe are poison at this point, too, so it's unlikely they would challenge her.

Leaked Text Messages Between Baltimore Prosecutor’s Deputy and Investigator Add New Twist to Freddie Gray Case

Fox News’ Trace Gallagher reported that the leaked messages suggest that the prosecutors planned to charge the officers, regardless of what the evidence showed.

In one of the leaked text messages, Taylor also reportedly told the top investigator she didn’t feel comfortable reading the script provided to her.

“I’m fine with finding the facts but between us I believe we omitted key things from their combined statements,” Taylor said.

http://www.theblaze.com/stories/201...die-gray-case-was-about-politics-not-justice/

Video report:

https://www.facebook.com/TheKellyFile/videos/1831856457029211/

 

[Jax49]

Amazes me we can see the same events and "SEE" something totally different. We are an interesting species...

 

[RANCH]

Patience-- we all have to have patience for a while longer. I'm holding out hope for the Attorney Grievance Commission's decision on the complaints. She is on video saying the things she did, and doing the things she is accused of, so it isn't one person's word against another. Her violations are pretty straightforward. I don't think she will get out of this without at least a suspension of her license-- I'm hoping for disbarment. But I also realistically think that the AGC will take at least 6 months to a year to make a decision about the complaints against her.

She'll never resign-- far too arrogant and entitled, IMO. Unless her license is suspended/ disbared, and she is forced to.

A strong, capable candidate is sure to emerge and challenge her in the next 2 years. And Schatzow and Bledsoe are poison at this point, too, so it's unlikely they would challenge her.





http://www.theblaze.com/stories/201...die-gray-case-was-about-politics-not-justice/

Video report:

https://www.facebook.com/TheKellyFile/videos/1831856457029211/

I have no doubt that Marilyn Mosby will in the future continue in her quest and be gainfully employed while doing so. JMO

 

[K_Z]

A well-written (IMO) discussion from a retired Washington, D.C. attorney on Marilyn Mosby's desire to change the process of defendants requesting bench trials, which she describes as "impeding justice".

AFTER BIG LOSSES, MARILYN MOSBY LOOKS AT TRYING TO CHANGE THE RULES

....the decisions by Judge Barry Williams, who is Black, to acquit three police officers in the Freddy Gray case has spurred a call to make it more difficult for criminal defendants to be tried by a judge, rather than a jury:

After losing those three trials, Baltimore State’s Attorney Marilyn J. Mosby announced last week that she would drop all remaining charges against the three other officers — Porter, Officer Garrett Miller and Sgt. Alicia White. She said Williams’ opinions of the prosecution’s case in the three bench trials would likely carry over to the remaining trials and result in more acquittals.

Mosby went on to say that prosecutors’ lack of a say in whether a defendant in Maryland can elect a bench trial — it is solely the defendant’s choice — impeded justice in the Gray case. She said she would consider pushing legislation in Annapolis to change the rules.

Mosby is a sore loser. But the Sun’s article shows that she’s not alone in wanting to change the rules that applied in her cases.

Jurisdictions vary regarding the ability of the prosecutor to have a say in whether a case will be decided by a judge or a jury. Reasonable people can and do disagree about the question. To me, it seems that the Freddy Gray cases, which by Mosby’s admission, were a response to angry chants of “no justice, no peace,” are a perfect illustration of the virtues of a permitting defendants to have a bench trial upon request.

Merits aside, what’s offensive here is the push for a rule change based on this judge’s decision to acquit defendants in a racially charged case. Sen. Robert A. Zirkin, who chairs the Maryland Senate’s Judicial Proceedings Committee says “just because you lose a case doesn’t mean you change the entire framework of defendants’ rights.” But for some, that’s exactly what it means if the losing side was pushing a leftist narrative and/or agenda on matters involving race.

Mosby did have one jury trial before the defendants began opting to have Judge Williams decide their fate. In that trial, involving Officer William Porter, the jury ended up deadlocked, but reportedly came within two votes of convicting Porter on one of the lesser charges.

Had this become the pattern in the Freddy Gray cases, one can imagine a cry for changing the rules requiring that criminal convictions be unanimous. After all, “racist” white jurors shouldn’t be able to thwart “justice” by holding out.

http://www.powerlineblog.com/archiv...mosby-looks-at-trying-to-change-the-rules.php

BBM

 

[K_Z]

The problem is we'll never know. No eyewitnesses, and bunch of cops covering for each other. Spines don't spontaneously combust.

I disagree. There were "eyewitnesses" in the form of the evidence of MULTIPLE impartial security VIDEO cameras all along the route of the police van, which demonstrated that there was not a "rough ride".

There is also the direct testimony of Donta Allen, as well as cell phone video which does not show anyone doing anything that should have/ could have/ would have caused Gray's injuries.

The officers didn't injure Gray intentionally or otherwise, according to the impartial evidence. No one is "covering" for anyone-- the officers barely knew each other, and had no time, or reason, to cook up a conspiracy. Freddy Gray injured his spine inside the van-- that is pretty certain. He was a combative, defiant arrestee (and a highly experienced career criminal) who was acting out at every step of his encounter with police (visible on video), actively trying to cause more problems and produce injuries so he wouldn't have to go to jail.

IMO, he alone is responsible for his conduct and the circumstances that led to his death. Just like Jamar Clark, Michael Brown, etc etc etc.

And his heirs (not really "family") certainly don't deserve $6.4 million for his death. IMO. That was purely disgusting, IMO. The heirs shouldn't have received a penny until the cases were decided, and then I'd only agree to burial expenses. He had no loss of lifetime income, as he was never employed, and never would have been, statistically. Maybe give them his "lead check" payout, and call it even.

 

[K_Z]

Veteran in Mosby's office who objected to continuing prosecution in Gray case quits

A veteran Baltimore prosecutor who objected to continuing the prosecution of a police officer charged in the arrest and death of Freddie Gray quit on Friday, two days after her boss dropped all of the charges in the case.

Lisa Phelps, a 15-year veteran prosecutor who led the state's attorney's office's training division, was assigned three months ago to try two of the cases against city police officers.

In recent weeks, she raised concerns over whether the trial of Officer Garrett Miller, which was set to begin last week, should go forward, according to sources close to Phelps.

Chief Deputy State's Attorney Michael Schatzow declined comment Thursday when asked to address whether Phelps had expressed reservations about the cases.

"You know, I'm not going to go into the details of what each prosecutor felt on a day-by-day basis. Lisa Phelps was part of this prosecution team from the very beginning, and remains part of this prosecution team," Schatzow told reporters.

"Everybody has moments where they question the witness, they question the legal theory, question something else. For us to start talking about work product conversations — that's not conducive. It's not how we run this office."

http://www.baltimoresun.com/news/ma...s-states-attorneys-office-20160801-story.html

 

[popsicle]

Attorneys for Baltimore officers cleared in Freddie Gray case call bail debt a lingering injustice

"She doesn't come from a wealthy family," Bates said of White, who put down $7,000 the day the charges were filed and agreed to pay a bail bondsman 70 monthly installments of $400 thereafter, according to court records. "She's really struggled. Really struggled."

After bail was set at $350,000 for Officer Caesar Goodson Jr., the driver of the police van in which Gray sustained fatal spinal cord injuries, a family member made a $6,500 down payment and agreed to pay off the remaining $28,500 in 100 weekly installments of $285.

A family member of Lt. Brian Rice, whose bail also was set at $350,000, put down $3,500 and agreed to pay 63 monthly installments of $500.

A family member of Officer Edward Nero, who faced a $250,000 bail, put $2,500 down and agreed to $500 monthly payments.

 

[animlzrule]

Attorneys for Baltimore officers cleared in Freddie Gray case call bail debt a lingering injustice

"She doesn't come from a wealthy family," Bates said of White, who put down $7,000 the day the charges were filed and agreed to pay a bail bondsman 70 monthly installments of $400 thereafter, according to court records. "She's really struggled. Really struggled."

After bail was set at $350,000 for Officer Caesar Goodson Jr., the driver of the police van in which Gray sustained fatal spinal cord injuries, a family member made a $6,500 down payment and agreed to pay off the remaining $28,500 in 100 weekly installments of $285.

A family member of Lt. Brian Rice, whose bail also was set at $350,000, put down $3,500 and agreed to pay 63 monthly installments of $500.

A family member of Officer Edward Nero, who faced a $250,000 bail, put $2,500 down and agreed to $500 monthly payments.

Sadly, for Freddie Gray and his family, this debt is the only justice they will see for what was done to him. The gall of these attorneys. SMH. I'd like to think these "officers" will make concerted efforts to pay back the money owed to their family members, but given their conduct throughout before and throughout this case, I wouldn't bet on it.

 

[Mollyandme]

Sadly, for Freddie Gray and his family, this debt is the only justice they will see for what was done to him. The gall of these attorneys. SMH. I'd like to think these "officers" will make concerted efforts to pay back the money owed to their family members, but given their conduct throughout before and throughout this case, I wouldn't bet on it.

There is zero proof that anyone other than Freddie Gray is responsible for his death. The attorney involved in this case who should be ashamed of herself and her conduct throughout this case and after is one Marilyn Mosby.

 

[K_Z]

Since the charges were dropped, and 3 of the officers acquitted, isn't the bail money refunded/ recoverable to the officers (who can then pay the bond company, who fronted the $ regardless of outcome)? They showed up to trial and did their part. It should be, if it isn't. Certainly it will be part of the damages the officers WILL recover.

That level of bond for the egregious and unfounded charges was unspeakably vindictive. These were police officers with no history of anything, not career criminals. We let so many career criminals go for less bond, with FAR more evidence at the time of their arrest and charging. Mosby (who personally recommended that bond level) is a corrupt, vindictive, incompetent city attorney, IMO, and should be disbarred for life. She ranks right up there with other corrupt, malicious, and vindictive state attorneys, like Mike Nifong, and Angela Corey (who I also believe should be disbarred-- but that's another story.)

They say Baltimore State's Attorney Marilyn J. Mosby was more interested in "political grandstanding" than in justice when her office recommended bail of $350,000 for the four officers charged with felonies and $250,000 for the two facing misdemeanors.

They did so the same way thousands of other lower- and middle-income families in Baltimore help loved ones avoid pretrial detention each year: by promising to pay a bail bondsman 10 percent of the full bail set by the court, regardless of the outcome in the case.

http://www.baltimoresun.com/news/maryland/freddie-gray/bs-md-ci-officers-bail-20160805-story.html

 

[al66pine]

Since the charges were dropped, and 3 of the officers acquitted, isn't the bail money refunded/ recoverable to the officers (who can then pay the bond company, who fronted the $ regardless of outcome)? They showed up to trial and did their part. It should be, if it isn't. Certainly it will be part of the damages the officers WILL recover....
http://www.baltimoresun.com/news/maryland/freddie-gray/bs-md-ci-officers-bail-20160805-story.html

^sbm Were all 6 def's released on bail? What form, those listed below? May or may not be entitled to return of $, depends.

Gen'l info but not specific to MD: https://en.wikipedia.org/wiki/Bail If I have a chance later today, I'll try to dig up MD statutes.

"Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and possibly be brought up on charges of the crime of failure to appear). In some cases, bail money may be returned at the end of the trial, if all court appearances are made, regardless of whether the person is found guilty or not guilty of the crime accused. If a bondsman is used and a surety bond has been obtained, the fee for that bond is the fee for the insurance policy purchased and is not refundable...."

"Forms
"In the United States there are several forms of bail used, which vary from jurisdiction. "The dominant forms of release are by surety bond, i.e. release on bail that is lent to the accused by a bond dealer, and non-financial release."[SUP][[/SUP]

"1. Surety Bond: By a surety bond, a third party agrees to be responsible for the debt or obligation of the defendant. In many jurisdictions this service is provided commercially by a bail bondsman, where the agent will receive 10% of the bail amount up front and will keep that amount regardless of whether the defendant appears in court. The court in many jurisdictions, especially states that as of 2012 prohibited surety bail bondsmen – Oregon, Nebraska, Wisconsin, Illinois, Kentucky and Maine[SUP][41][/SUP] – may demand a certain amount of the total bail (typically 10%) be given to the court, which is known as surety on the bond and unlike with bail bondsmen, is returned if the defendant does not violate the conditions of bail. The bail agent guarantees to the court that they will pay the forfeited bond if a defendant fails to appear for their scheduled court appearances, so the third party must have adequate assets to satisfy the face value of the bond. In turn, the Bond Agency charges a premium for this service and usually requires collateral from a guarantor. The bail agent then posts a bond for the amount of the bail, to guarantee the arrestee's return to court.... "

"2. Recognizance (ROR): When an accused is released on recognizance, he or she promises to the court to attend all required judicial proceedings and will not engage in illegal activity or other prohibited conduct as set by the court. Typically a monetary amount is set by the court, but is not paid by the defendant unless the court orders it forfeited. This is called an "unsecured appearance bond" or release on one's own recognizance...."

8. Cash – typically "cash-only," where the only form of bail that the Court will accept is cash. Court-ordered cash bonds require the total amount of bail to be posted in cash. The court holds this money until the case is concluded. Cash bonds are typically ordered by the Court for the following reasons: when the Court believes the defendant is a flight risk, when the Court issues a warrant for unpaid fines, and when a defendant has failed to appear for a prior hearing. Cash bonds provide a powerful incentive for defendants to appear for their hearings. If the defendant does not appear as instructed, the cash bond is forfeited and a bench warrant is issued. If the defendant shows up for their scheduled court appearances, the cash is returned to the person who posted the bond. Anyone including the defendant can post a cash bond. If the defendant posts his own bond, the Court will deduct fines and costs from the bond before returning any balance."

 

[al66pine]

Anyone else have a source w more specific info about their bail? Online ct records? I may be a bit dense in interpreting info from these articles, but I'm not ready to azz-ume all posted cash-only bail, so hesitate to say whether depositors/pledgors will/may be refunded any bail $, which was K_Z's question a few posts upthread.

May 2, 2015, http://www.baltimoresun.com/news/ma...what-is-next-for-officers-20150501-story.html
"The four officers facing felony charges posted $350,000 bails; the two facing misdemeanors posted $250,000 bails..."

Baltimore Sun, Aug 6, 2016, K_Z's link,http://www.baltimoresun.com/news/maryland/freddie-gray/bs-md-ci-officers-bail-20160805-story.html
"....Those in the bail industry say the system worked as intended, allowing the officers to go home while awaiting trial. Advocates for reform of the state's cash bail system say the financial toll on the six officers should serve as a high-profile wake-up call to legislators that something is wrong with the way the state handles pretrial defendants..."

".... University of Maryland law professor Doug Colbert, who supported Mosby's decision to charge the officers, but has also been one of the state's most vocal opponents of cash bail."

BTW, a bit O/T
"While the local police union paid hundreds of thousands of dollars to cover the officers' legal fees" it did not pay their bail. Nearly doubled union members' dues to cover. Paid zero for bail.
bbm ^

 

[Jax49]

Since the charges were dropped, and 3 of the officers acquitted, isn't the bail money refunded/ recoverable to the officers (who can then pay the bond company, who fronted the $ regardless of outcome)? They showed up to trial and did their part. It should be, if it isn't. Certainly it will be part of the damages the officers WILL recover.

That level of bond for the egregious and unfounded charges was unspeakably vindictive. These were police officers with no history of anything, not career criminals. We let so many career criminals go for less bond, with FAR more evidence at the time of their arrest and charging. Mosby (who personally recommended that bond level) is a corrupt, vindictive, incompetent city attorney, IMO, and should be disbarred for life. She ranks right up there with other corrupt, malicious, and vindictive state attorneys, like Mike Nifong, and Angela Corey (who I also believe should be disbarred-- but that's another story.)



http://www.baltimoresun.com/news/maryland/freddie-gray/bs-md-ci-officers-bail-20160805-story.html

OT: Could not agree more about Corey. I will have the pleasure of voting against her.

 

[K_Z]

Judge: 3 Mosby defamation lawsuits consolidated

The three separate defamation cases against Baltimore State’s Attorney Marilyn Mosby by five of the six officers she charged in the death of Freddie Gray have now been consolidated in federal court.

Glass represents Officer William Porter and Sgt. Alicia White.Their case was filed in state court but yesterday got pulled up to the federal system and consolidated along with the complaints by Lieutenant Brian Rice and Officers Nero and Miller. Van driver Officer Caesar Goodson was the only officer who didn't file a lawsuit.

Ms. Mosby's response to these law suits will be public by August 19, which is the deadline set by the Honorable Marvin Garbis who is now assigned to this possible consolidated trial.

http://www.abc2news.com/news/region/baltimore-city/mosby-defamation-lawsuits-consolidated

BBM. I have a family member who is a government attorney, and is fond of saying that state court is the wild, wild west, and federal court is serious business, very organized, very rule based, consistent, and by-the-book.

I'm looking forward to following these cases and reading the filings. MM's response is due by Aug 19, so we will begin to see movement on the officer's cases very soon. I'm glad of that. I think consolidation of the cases is a good thing all around.

 

[K_Z]

Second Prosecutor in Freddie Gray Case Resigns

A second Baltimore prosecutor who had worked on the Freddie Gray case has resigned following State's Attorney Marilyn Mosby's announcement last week that the state was dropping the charges that remained against the officers charged with Gray's death. The Baltimore Sun reports that the second attorney, Sarah David, resigned this week.

The first attorney to resign in the wake of Mosby's announcement was Assistant State's Attorney Lisa Phelps, who the Baltimore Sun reports was a veteran prosecutor in the State's Attorney's office. Phelps resigned from her position last week, several weeks after she reportedly opposed pursuing a trial against officer Garrett Miller, who was set to be tried in late July.

http://www.complex.com/life/2016/08/second-prosecutor-freddie-gray-case-resigns

Second prosecutor in Freddie Gray cases leaves state's attorney's office

The departure of Sarah David follows that of veteran Assistant State's Attorney Lisa Phelps, who quit last week, two days after State's Attorney Marilyn J. Mosby dropped the three pending cases. Sources close to Phelps said she had objected weeks earlier to trying the case of Officer Garrett Miller, which was to have begun July 27.

David confirmed that she had resigned from the office and said she will be joining the office of state Sen. Bobby Zirkin, a Democrat from Baltimore County, as his chief of staff.

http://www.baltimoresun.com/news/ma...ie-gray-prosecutor-leaves-20160805-story.html

 

[K_Z]

Freddie Gray case: Private bench conferences reveal bicker and banter with judge, prosecutors and officers' attorneys

During Porter's trial, Williams fumed when the cell phone of a member of State's Attorney Marilyn Mosby's executive protection detail went off. Spectators had been repeatedly admonished about having phones on, and were threatened that they would be confiscated.

"Do you understand that if it was anyone else right now, they would be out of my courtroom, and they would be forced to stay out of my courtroom?" Williams said to prosecutors.

Mosby entered the courtroom each day with three bodyguards, in addition to the existing courtroom sheriff's deputies. "If she feels the need to have security in my courtroom, and I'm not really sure why, her security needs to be in the back of the courtroom," Williams said.

At another point, defense attorneys moved for a mistrial after observing Mosby speaking with a witness, one of Gray's friends Brandon Ross, in the hallway while he was still on the stand. Mosby was nearly asked to approach the bench to discuss what was said, until Williams — believing that would be a spectacle for jurors — opted to call Ross and ask him his version. He said Mosby had only given him encouraging words.

Prosecutors said they would talk to Mosby about speaking to witnesses, with Williams joking that they proceed carefully "for employment purposes."

"I was going to go tell her to knock it off," Bledsoe said.

"Oh, wow. You may want to be careful with that," Williams responded. "That's a different issue for a different day."

http://www.baltimoresun.com/news/ma...-conferences-freddie-gray-20160804-story.html

BBM. Beyond egregious. Talking to a witness in the hallway while he was on the stand??? Outrageous. Even law students know that is a HUGE no-no. This woman really, really needs to be disbarred. IMO, she demonstrates over and over that she does not believe any rules apply to her, that she can do as she wishes.

 

[CARIIS]

 

[katydid23]

I take this so called report with huge grains of sand. This administrations Justice Department is highly partisan and politicized, in my opinion. I think they spun things the way they wanted to to look. JMO :cow:

 

[scmom]

So Loretta lynched the BPD? No surprise there.