Freddy Gray Verdict #2. Not Guilty

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It's very wrong that this officer was charged at all with any criminal charge. The charges were a joke -- like something you'd see in The Onion.

I'm surprised that any police officer is willing to continue working for that PD.


The city happens to be my backyard, and one of my closest friends here is married to a Baltimore City police officer.

The stories he tells about policing in Baltimore would curl the hairs on your toes. His wife thanks God every night or early morning he comes home unscathed.

It is a brutally difficult, completely thankless job to be LE in this city. As my friend's husband is the first to say, though, the job of good cops here and anywhere is made exponentially more difficult and dangerous by the actions of bad cops- those who abuse their power, are corrupt, or inadequately trained, or who simply have no business being on the force.
 
If I as a private citizen am clearly responsible for the injuries resulting in someone’s death, I’m going to go to prison for manslaughter for it. Which is the same thing that should happen to LEOs who do the same. But for some reason I can’t understand, LEOs in this country are above the law.


Clearly a post from someone who makes no effort to look into the facts of the case. Freddie Gray had already successfully sued the city of Baltimore once for injuries sustained while being transported in a patrol wagon. This was another attempt, by this 19x time offender, to collect cash from the city. He threw himself around in the back of the wagon but this time he killed himself.

None of these officers did a thing wrong. A gutless prosecutor with an eye on higher public officer brought these bogus charges in order to pacify a naive populace.

By the way please cite some cases where LEO's think that they are "above the law".
 
A "thanks" is not enough. Mosby rushed to charge these officers rather than allow her office to conduct a thorough investigation into the events that led to Gray's fatal injury.

IMO she gambled on an opportunity to demonstrate her judicial authority over the Mayor and Chief of Police. If you watch her angry, indignant speech at the War Memorial when she announced the charges, she seems to indicate that she alone has taken the higher road to pursue justice for Freddie Gray.

This was nothing more than political grandstanding to promote her political ambitions. She should, at the very least, go the way of the not-running-for-re-election Mayor and the former Police Chief.
 
I think the charges for Nero, and how they were brought, goes far beyond a joke. Nothing will probably happen to Marilyn Mosby for her disgraceful and unethical conduct and actions in this situation, but a great many people feel that she engaged in malicious political prosecution that was motivated by everything *EXCEPT* justice. That's my opinion. Per K-Z's post.

My bad! Forgot to include the original post that I thanked!
 
Clearly a post from someone who makes no effort to look into the facts of the case. Freddie Gray had already successfully sued the city of Baltimore once for injuries sustained while being transported in a patrol wagon. This was another attempt, by this 19x time offender, to collect cash from the city. He threw himself around in the back of the wagon but this time he killed himself.

None of these officers did a thing wrong. A gutless prosecutor with an eye on higher public officer brought these bogus charges in order to pacify a naive populace.

By the way please cite some cases where LEO's think that they are "above the law".


With all due respect, it is offensive- and erroneous- to state that Freddie Gray was responsible for his own death. He wasn't.

If you paid any attention to Nero's trial, at least, or to today's verdict, at least, then you would know that in fact, at the very (very) least, the driver of the van transporting Gray was legally responsible for ensuring Gray was seat-belted in the van. The transporting officer did not do his duty. Gray would be alive had he been seat- belted in the van. The transporting officer most assuredly is culpable, the degree of his culpability to be determined.

As for Gray having prior arrests. 19 of them. Ever heard of zero tolerance policing?

More to the point, ever heard of a law that states it's OK to brutalize someone in police custody or to ignore the severe medical distress of someone in police custody because that person has an arrest record? Nope. Me either.


PS. Naive populace? Eh? Baltimore is home to a number of world class universities colleges & medical institutions, as well as multiple nationally renowned high tech and financial industries, law firms, and non- profits. Lots of very well educated, very well trained, very professional peeps live in B'more.

And the not very well educated, not very well trained, not very professional peeps? Naive is not a word that fits well there either. I tend to think B'more peeps are actually not very naive whatsoever when it comes to understanding how local politics work, and the demonstrably very serious problem B'more's police force has had with corruption and with excessive use of force.

I've heard Baltimoreans called many things ("hon," most commonly), but naive isn't one of them.
 
The Latest: Attorney: Freddie Gray Family Respects Verdict

The attorney for the family of Freddie Gray is commending the judge who acquitted a police officer charged in Gray's arrest and says the family respects the verdict.

Billy Murphy said Monday that Baltimore Circuit Judge Barry Williams should be commended for "not bending to public opinion in analyzing this case."

http://abcnews.go.com/US/wireStory/latest-officer-acquitted-freddie-gray-case-39308531
 
Having no good sense at all, apparently, I'm gonna wade into this.


What happened to Freddy Gray was wrong, and the wrong of it began when he was arrested without probable cause.

Running away from a cop when one has done nothing wrong is not illegal, and it is even less illegal when one begins running BEFORE one sees a cop, who just happens to be in the vicinity when one is running.


That's when things began to go very wrong very quickly, but I'm going to stay only on Officer Nero's role in the story. Or lack of role.

Nero did not make the decision to arrest Gray, and he was not in fact the arresting officer. The fact that there was no probable cause to arrest Gray is not, in any meaningful sense of the word, Nero's responsibility.

Yet, one of the charges against Nero, the assault charge, was predicated on the very dubious legal proposition that because there was no probable cause to arrest Gray, any action taken against Gray after arrest was an ASSAULT, and here I am talking that charge could have been levied even if nothing whatsoever untoward had happened to Gray after his arrest. The very fact he was taken into custody, according to this innovative charge, constituted an assault on Gray.

Am I relieved the judge had a problem with that charge? Yes. Very. Charging Nero with that nonexistent crime was a mistake, IMO, and finding him guilty of a nonexistent crime would have done nothing to bring justice to Gray who died in police custody without committing a crime.

Neither was Nero responsible for making sure Gray was seat belted in the van. According to LE protocol, the driver of the van, Officer Gooding, bore the responsibility for making sure Gray was securely seat-belted. Not Nero. Again, where is the justice in convicting Nero on a criminal charge for not doing something that he was not responsible for doing?

Nero's has been considered the weakest of all the 6 cases. It shouldn't be any great surprise he was cleared on the charges, and IMO that he was cleared is a sign the system worked, not that it failed.

Gooding the driver's trial is next. His degree of involvement and culpability are greater and so are the charges; my guess (and hope) is he won't walk.

The part that I bolded above, does not seem correct, in my opinion. I think it has been shown that in a 'high crime' area, a cop has the right and the responsibility, to chase after someone running away from him.

But most important, is the back story to all of this. Marilyn Mosby ORDERED the police to go to this specific area, and clean up the drug dealing on that corner. And along comes FG, a KNOWN small time dealer, arrested many times for possession, who takes off running.

So Marilyn Mosby SENDS the police there to patrol that corner, in order to clean up the crime/drugs, and then when the cops chase down a known dealer with an illegal knife, they are arrested and she is outraged that he was stopped by them. I am sorry, but that is just nonsensical, on her part.

It is true that they need to get to the bottom of why and how he dies during the transport. But charging the other officers for detaining and arresting him is outrageous and pathetic, in my opinion. Especially when they were sent there by Mosby herself. :no:


http://www.baltimoresun.com/news/maryland/crime/bs-md-ci-mosby-email-20150609-story.html


Baltimore prosecutor asked police to target area where Freddie Gray was arrested


About three weeks before Freddie Gray was chased from a West Baltimore corner by three Baltimore police officers — the start of a fatal encounter — the office of prosecutor Marilyn Mosby asked police to target the intersection with "enhanced" drug enforcement efforts, court documents show.

"State's Attorney Mosby asked me to look into community concerns regarding drug dealing in the area of North Ave and Mount St," Joshua Rosenblatt, division chief of Mosby's Crime Strategies Unit, wrote in a March 17 email to a Western District police commander.
 
Clearly a post from someone who makes no effort to look into the facts of the case. Freddie Gray had already successfully sued the city of Baltimore once for injuries sustained while being transported in a patrol wagon. This was another attempt, by this 19x time offender, to collect cash from the city. He threw himself around in the back of the wagon but this time he killed himself.

None of these officers did a thing wrong. A gutless prosecutor with an eye on higher public officer brought these bogus charges in order to pacify a naive populace.

By the way please cite some cases where LEO's think that they are "above the law".

Source?
 
Clearly a post from someone who makes no effort to look into the facts of the case. Freddie Gray had already successfully sued the city of Baltimore once for injuries sustained while being transported in a patrol wagon. This was another attempt, by this 19x time offender, to collect cash from the city. He threw himself around in the back of the wagon but this time he killed himself.

None of these officers did a thing wrong. A gutless prosecutor with an eye on higher public officer brought these bogus charges in order to pacify a naive populace.

By the way please cite some cases where LEO's think that they are "above the law".

I have searched in vain for evidence that Freddie Gray had already successfully sued the city of Baltimore once for injuries sustained while being transported in a patrol wagon. Where did you get that information? Thanks.
 
Marilyn Mosby is facing harsh criticism following the Nero verdict, and the Porter hung jury. Interesting that she chose to show up in court for the Porter verdict, but not the Nero verdict.

I wish she would just resign in disgrace, and let someone far more competent run and reform that office, but of course, she won't. Resigning would be the responsible and ethical thing to do, in light of her actions. Hopefully, she won't be re-elected. When I read about her educational and career background, I was astonished that she was elected as a prosecutor. IMO, she was unqualified for the job in the first place. Had that been a competitive position, and not an elected one, she never would have been given the job, IMO.

http://www.usnews.com/news/us/artic...prosecutor-criticized-after-officer-acquittal

Did Marilyn Mosby Move Too Fast?

Baltimore's top prosecutor is facing criticism that she moved too quickly to file charges against six officers.

After two trials and no convictions, Baltimore's top prosecutor is facing criticism that she moved too quickly to file charges against six officers in the death of Freddie Gray without first ensuring there was enough evidence to bring them to bear.

Even the judge overseeing the cases — in his verdict Monday acquitting the latest officer to stand trial in the death of the African-American man — said the state failed to prove its case on any of the charges.

After announcing charges against the officers last May — one day after receiving the police department's investigation while a tense city was still under curfew — Mosby did not shy from the spotlight. She posed for magazine photos, sat for TV interviews and even appeared onstage at a Prince concert in Gray's honor.

After the acquittal, Nero's lawyers sought to send a strong message to her.

"Officer Edward Nero, his wife and family are elated that this nightmare is finally over," wrote Marc Zayon and Allison Levine in a statement. "The state's attorney for Baltimore city rushed to charge him, as well as the other five officers, completely disregarding the facts of the case and the applicable law. His hope is that the state's attorney will reevaluate the remaining five officers' cases and dismiss their charges."

http://www.cfra.com/WorldCP/Article.aspx?id=513885

David Weinstein, a Florida attorney and former federal civil rights prosecutor, said the verdict will probably serve as a "wake-up call" for prosecutors.

"This speaks to the notion a lot of people had when this first happened, which is that it was a rush to judgment," Weinstein said. "The state's attorney was trying to balance what she had with the public outcry and call to action given the climate in Baltimore and across the U.S. concerning policing, and I think she was overreaching."

Harvard University professor Alan Dershowitz said he believed the judge's verdict was an example of the legal system looking at the facts of the case without being influenced by race or community pressure. He said he "absolutely" believed Mosby overreached in bringing charges against the six officers.

"There's no question she acted irresponsibly," Dershowitz said in a telephone interview. "She acted politically. She acted too quickly, and the public ought to make her pay a price for seeking to distort justice."

http://www.kgun9.com/news/national/baltimore-prosecutor-criticized-after-acquittal

Warren Brown, a Baltimore attorney who observed much of Nero's trial, said the verdict proved how thin the state's cases are against the officers.

"It was clearly a case where the state decided that come hell or high water they were going to prosecute Nero and Miller, and I think that the ridiculous prosecution was borne out," Brown said. "This thing may extend on and on, quite frankly. It's the prosecution that keeps on giving."

This is quite an interesting article. One has to question whether there is ANYONE who approves of how she is conducting herself, and conducting the business of the prosecutor's office. Pretty much no one has anything at all supportive or complimentary to say publicly about her work.

http://www.baltimoresun.com/news/ma...ci-mosby-protesters-clash-20160414-story.html

But during public appearances in recent weeks, the 36-year-old prosecutor has found herself being shouted down by protesters criticizing her handling of some cases and what they say is a lack of transparency.

She further angered activists this week when she announced that her office wouldn't reopen the case of Tyrone West, the Baltimore man who died in police custody after a traffic stop in 2013.

She's now getting criticism from both police and the community. The police union complained this month that her office had treated officers who shot an armed father and son like criminals. More recently, activists complained that she had not questioned police in shooting investigations before clearing them.

She added a request for protesters: "As a mother of a 5- and 7-year-old, I would appeal to them to stop coming to my house, because it's scaring my children."
 
If I as a private citizen am clearly responsible for the injuries resulting in someone’s death, I’m going to go to prison for manslaughter for it. Which is the same thing that should happen to LEOs who do the same. But for some reason I can’t understand, LEOs in this country are above the law.

Cops ARE different. You aren't charged with the duty of chasing down and apprehending dangerous criminals. If you were, you'd be given more leeway for injuring others also. When your very job requires that you wrestle unwilling people to the ground, cuff them, and transport them to the jail facility, injuries and even deaths will occur, that are not caused by an officer committing a crime.
 
The part that I bolded above, does not seem correct, in my opinion. I think it has been shown that in a 'high crime' area, a cop has the right and the responsibility, to chase after someone running away from him.

But most important, is the back story to all of this. Marilyn Mosby ORDERED the police to go to this specific area, and clean up the drug dealing on that corner. And along comes FG, a KNOWN small time dealer, arrested many times for possession, who takes off running.

So Marilyn Mosby SENDS the police there to patrol that corner, in order to clean up the crime/drugs, and then when the cops chase down a known dealer with an illegal knife, they are arrested and she is outraged that he was stopped by them. I am sorry, but that is just nonsensical, on her part.

It is true that they need to get to the bottom of why and how he dies during the transport. But charging the other officers for detaining and arresting him is outrageous and pathetic, in my opinion. Especially when they were sent there by Mosby herself. :no:


http://www.baltimoresun.com/news/maryland/crime/bs-md-ci-mosby-email-20150609-story.html


Baltimore prosecutor asked police to target area where Freddie Gray was arrested


About three weeks before Freddie Gray was chased from a West Baltimore corner by three Baltimore police officers — the start of a fatal encounter — the office of prosecutor Marilyn Mosby asked police to target the intersection with "enhanced" drug enforcement efforts, court documents show.

"State's Attorney Mosby asked me to look into community concerns regarding drug dealing in the area of North Ave and Mount St," Joshua Rosenblatt, division chief of Mosby's Crime Strategies Unit, wrote in a March 17 email to a Western District police commander.


I could write a dissertation in response to your post, but will spare you. ;)

As briefly as my verbose self can be--

1. The knife wasn't illegal, and LE didn't know FG had one when he ran.

2. It wasn't illegal for FG to run AND it wasn't illegal for LE to pursue him.

3. There are varying accounts of when FG began running, but none allege that he did so AFTER being confronted by LE.

4. LE didn't have probable cause to arrest Gray AND it was not a crime to have arrested FG without probable cause, though making it a crime to arrest without probable cause seems to be exactly what Mosby was proposing to do with these cases.

5. Drug dealing on street corners cannot be tolerated for numerous reasons, not least because, unchecked, the neighborhoods where those corners are located disintegrate into violent, anarchic no-go zones abandoned by law-abiding peeps and small businesses.

AND.

B'more LE (part of that thankless job description) are charged with clearing the same corners of the same peeps, over and over, sometimes arresting peeps and literally having them return on the same day. LE is doing what is asked of them to "sweep" those corners, whether or not what they're doing is the slightest bit effective.

AND.

The peeps on those corners aren't even foot soldiers in the drug dealing universe in B'more. They are the the bittiest of small fry, the expendable pawns of pawns of pawns. Should they be allowed to break the law with impunity? No, of course not.

But at a bare minimum, neither should they be subjected to excessive force by frustrated LE sent by a frustrated mayor who needs to at least appear to be doing something to battle the drug epidemic in B'more.

Whether or not LE and the residents ( law-abiding and not) of the Freddy Gray neighborhoods in Baltimore and beyond benefit enough from these routine fruitless sweeps to justify the expense of every kind involved is a question B'more post-Freddy Gray seems no closer to asking, much less answering.


ETA (because brevity is a hopeless cause).

1. I'm not suggesting LE routinely uses excessive force during these drug sweeps. Reality is, they don't.

2. LE's frustration about this kind of exercise, though, is very real. I saw one result of one cause of that frustration, the " cutting of corners" up close when I served on a city jury for the trial of one of these penny ante corner dealers.

Long story short, we were sent back to the jury room mid -day, mid 2nd day of testimony, mid- testimony by the arresting officer. The judge came back herself an hour or so later to dismiss us, and when asked, told us she had to dismiss the case because the officer had perjured himself by attesting to the accuracy of a police report that was anything but.

The officer didn't act out of malice, or anything so grand. The errors stemmed in part from the fact the same officer had made so many similar arrests on the same day that he hadn't caught up with his paperwork til the end of his shift, and if I recall correctly, he mixed up two of the arrests he made that day. (I'm not even sure he was aware of the mistakes until the defendant's attorney caught them during testimony).

It is also reality that it isn't all that uncommon for LE to not seat belt some of the peeps they arrest during the kind of corner sweep we're talking about.
 
I was under the impression that the knife was found to be illegal.

http://www.baltimoresun.com/news/maryland/freddie-gray/bs-md-nero-closing-20160519-story.html

"Both sides agreed in their closings that nothing about Gray's initial stop, before he was handcuffed and moved, was illegal. They also agreed that no assault was committed after Gray was searched.

In doing so, prosecutors ceded any argument that Nero was wrong to pursue Gray after Rice radioed that he needed help chasing him. They also, without stating it outright, acknowledged that a knife found on Gray was illegal, therefore substantiating all of the touching of Gray after its discovery."
 
I was under the impression that the knife was found to be illegal.

http://www.baltimoresun.com/news/maryland/freddie-gray/bs-md-nero-closing-20160519-story.html

"Both sides agreed in their closings that nothing about Gray's initial stop, before he was handcuffed and moved, was illegal. They also agreed that no assault was committed after Gray was searched.

In doing so, prosecutors ceded any argument that Nero was wrong to pursue Gray after Rice radioed that he needed help chasing him. They also, without stating it outright, acknowledged that a knife found on Gray was illegal, therefore substantiating all of the touching of Gray after its discovery."

"Without stating it outright" may be key here? FG's knife was central to the controversy about the legality of FG's arrest.

Miller, the arresting officer, said he had probable cause to arrest because he saw FG's knife , iirc, partially sticking out one of FG's pockets.

That was, IMO, virtually impossible, since FG began running before Miller and Nero had even approached him, and even if some portion of a knife had been visible (again, iirc, that was umm.....highly unlikely), there was no way LE could have known what kind of knife it was.

Mosby initially said the knife was legal. Perhaps it was legal in Maryland but not in Baltimore? I missed whatever chapter is was that refuted Mosby's assertion about it being legal, if that's what happened. Sorry if I'm mistaken on that point.

(The adjudication about the knife itself so far relates to AFTER the knife was discovered on FG).
 
"Without stating it outright" may be key here? FG's knife was central to the controversy about the legality of FG's arrest, though never mentioned during Nero's trial.

Miller, the arresting officer, said he had probable cause to arrest because he saw FG's knife , iirc, partially sticking out one of FG's pockets.

That was, IMO, virtually impossible, since FG began running before Miller and Nero had even approached him, and even if some portion of a knife had been visible (again, iirc, that was umm.....highly unlikely), there was no way LE could have known what kind of knife it was.

Mosby initially said the knife was legal. Perhaps it was legal in Maryland but not in Baltimore? I missed whatever chapter is was that refuted Mosby's assertion about it being legal, if that's what happened. Sorry if I'm mistaken on that point.

Thinking about it... makes more sense, actually, that the State didn't bring up the knife at all in Nero's trial if it had staked any part of its case on the legality of a knife that was in fact legal, even if LE's testimony about the knife as pretext for probable cause was shaky at best.

That is exactly the case as I understand it (regarding BBM). It was legal in the state but illegal in the city.
 
If I understand correctly, the prosecution would have been the ones to use the legality of the knife to further the case. Since it was illegal they avoided the subject. IMHO.
 
Marilyn Mosby is facing harsh criticism following the Nero verdict, and the Porter hung jury. Interesting that she chose to show up in court for the Porter verdict, but not the Nero verdict.

I wish she would just resign in disgrace, and let someone far more competent run and reform that office, but of course, she won't. Resigning would be the responsible and ethical thing to do, in light of her actions. Hopefully, she won't be re-elected. When I read about her educational and career background, I was astonished that she was elected as a prosecutor. IMO, she was unqualified for the job in the first place. Had that been a competitive position, and not an elected one, she never would have been given the job, IMO.

http://www.usnews.com/news/us/artic...prosecutor-criticized-after-officer-acquittal



http://www.cfra.com/WorldCP/Article.aspx?id=513885



http://www.kgun9.com/news/national/baltimore-prosecutor-criticized-after-acquittal



This is quite an interesting article. One has to question whether there is ANYONE who approves of how she is conducting herself, and conducting the business of the prosecutor's office. Pretty much no one has anything at all supportive or complimentary to say publicly about her work.

http://www.baltimoresun.com/news/ma...ci-mosby-protesters-clash-20160414-story.html



I don't agree with your opinion that Mosby was under qualified for her position. I think she's attempted (along with other reform) some important police reforms in B'more, the kind of reforms that rather inevitably lead to institutional LE hostility, all the more so because of the close and tangled long-term nexus here between politics, LE, and the Mayor's office.

That said, sure do agree she greatly overreached on these cases, and will likely pay a political price for her serious lack of judgement on something as high profile as the CV cases have been from the beginning.
 
If I understand correctly, the prosecution would have been the ones to use the legality of the knife to further the case. Since it was illegal they avoided the subject. IMHO.


Wise decision on their part, eh?

Mosby asserted the knife was legal when she made the original charges about the illegality of FG's arrest. I didn't follow the legal blow by blow about how the related charge morphed into what it became - a charge of assault by Nero because he didn't question the validity of the probable cause basis for FG's arrest. Maybe that charge became the convoluted & horribly misguided thing that it did precisely because Mosby punted after learning the knife was in fact legal?

A legal knife would certainly have made LE's defense more difficult, and an illegal knife, more difficult for the State.

IMO, though, legal or illegal, the knife had very little to do with what happened that day to Freddy Gray. jmo


(As an aside, both my DH and I have been trying to follow these cases without following them extremely closely, because of the possibility of being called for jury duty for one of the trials. DH already has been summoned for duty in a time frame where that is theoretically possible, and my turn is soon, as it's been 2 years since I last served).
 

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