MD - Freddie Gray dies in police custody #3 *INDICTMENT*

[SStarr33]

This link was embedded in the LI article I mentioned above. I had not seen it:

http://www.baltimoresun.com/enterta...tv-freddie-gray-fop-media-20150501-story.html

The kindest thing I can call what the FOP did Friday is reckless. It reminds me of what U.S. Sen. Joseph McCarthy did in the 1950s when he said the State Department was filled with Communists but then failed to name names or offer evidence of his allegations.

But that said, WBAL should have either kept Miller from reporting on any cases involving Bledsoe or disclosed their relationship every time she did.

It's not even a close call. This is Ethics 101, and the station has only itself to blame for getting caught up in the FOP's attack on Mosby's office in one of the biggest cases this city has ever seen.

 

[DebinGA]

They can be added to the questions that remain about the mystery stop only revelaed when private citizen video surfaced

If we believe Mosby and if the mystery stop came after the van had left the bike cops but before Ofc. Porter met the van at the next known stop, then FG was conscious and able to answer Porter's question re if he needed a medic. Iirc Mosby said FG complained to Porter/Goodson of being unable to breathe, so Porter moved him from the floor onto the bench. Mosby then claims, "While discussing the transportation of Mr. Gray for medical attention, a request for additional units was made for an arrest at the 1600 West North Avenue. Officer Porter left the scene of Druid Hill Avenue to assist in the arrest of another prisoner at North Avenue" ... Bottom line, whatever the mystery stop involved, it didn't render FG unable to speak to officers at the next stop.

 

[CARIIS]

TITLE 9 - CRIMES AGAINST PUBLIC ADMINISTRATION
Subtitle 4 - Harboring, Escape, and Contraband
Section 9-408 - Resisting or interfering with arrest.



The Officers wanted to detain Gray in order to investigate unlawful activity on his part. He ran from them, thus interfering, when he saw them looking at him. That appears to be against statute Title 9, Subtitle 4, Section 9-408 of the Maryland criminal code. JMO

http://law.justia.com/codes/maryland/2010/criminal-law/title-9/subtitle-4/9-408/

I look at this angle in like a jigsaw puzzle. FG had what 27 interactions with LE. He lived in that neighborhood. Rice appearred to work that neighborhood. THe liklihood that Rice and Gray had interacted before (being placed under arrest) is logical. GIven his propensity, as demenstrated in the 90 minute standoff, to have issues managing anger etc, it would stand to reason (only speculation) , behavirially that Rice might have, in the past used aggressive behaviors if and when he had been invovled in arresting him previously. So in some sense, if a cop , who maybe, had actually hurt or intimated him, running might not neccesarily be a sign of guilt of something, but a human being attempting to avoid a painful or threatening encouncter with someone who has power. Just speculating, but the notion that Rice can get so threatening off the job, it is just hard to anticpate that this guy manages those feelings well in a high crime stressfull neighborhood- it is IMO incongruent.....................

 

[DebinGA]

WaPo reports another passenger in the van w/FG heard sounds indicating FG was intentionally or unintentionally behaving in a way liable to hurt himself on the other side of the partition. That gets lot of reaction. Next thing we know, Mosby's lead investigtor Bledsoe's girlfriend WBAL's Miller has an on-air interview with Donta claiming he told police nothing of the sort. That at most he heard only a couple of teensy, brief tapping sounds from FG, and that he never talked to police. Someone's not telling the truth, and my money's on Donta II.

 

[CARIIS]

ONE:
Lt. Brian Rice demanded in March that Westminster police arrest Andrew McAleer for violating a restraining order against the mother of Rice’s son — an allegation that was found to be false — according to documents obtained by the Guardian.


"Heads will roll if something happens to her or her children if you do not go arrest him," Rice said, according to a police report.
"(McAleer) would be locked up instantly" if Rice was working the case as lieutenant of the Baltimore police, he reportedly said.

Rice handed police a copy of a restraining order, which reportedly did not have to do with violence

Police agreed to do a welfare check on Rice's ex, Baltimore police officer Karen McAleer, and Rice's son. They arrived on scene to find Karen McAleer's mother and sister babysitting the child while the officer was at work, police said.

The mother and sister said Andrew McAleer had not been at the house in some time but kept his car there,

McAleer later told police she was not sure how Rice obtained a copy of her restraining order.

Rice reportedly asked how they got his number. He said Andrew McAleer must have snuck out the back door, according to the report. Police said they had someone positioned outside the rear of the house and did not see anyone exit.

Police told Rice to stay out of a court order that did not involve him. At the police station, he declined to give identifying information, tried to snatch the court order on the McAleers from the officer’s hands, and tried to leave, declaring his visit a waste of time.

Baltimore police spokespeople declined to say if Rice was disciplined or evaluated for the incident.

The incident is the latest in a series revealed by the Guardian that policing experts said raised questions over Rice’s ability to perform his duties as a supervising officer and the Baltimore department’s decision to keep him on front line patrols.Rice’s history raises concerns about his suitability for frontline work, according to Neill Franklin, who served as a lieutenant colonel in the Baltimore police force until 2004, and commanded the department’s education and training services.

“He is in a position of authority, not just in the community, but over the top of other police officers, giving directions and guidance. Obviously he’s the one in charge, on the scene where Freddie Gray is arrested so the other officers are definitely going to take his advice and his direction and orders,” Franklin said.
Franklin said the prior incidents uncovered by the Guardian indicated “some psychological instability”.


not the first time Rice has been investigated

TWO:

n 2013, he had a restraining order filed against him for allegedly stalking and threatening to kill McAleer in "a pattern of intimidation and violence," the Guardian reported.

campaign of harassment between 2012 and 2013, (threatening him for a year apparently) "during a series of aggressive encounters,"

“Threatening to kill somebody is a crime and he should have been referred for prosecution and immediately suspended and probably terminated,” Walker said.

Professor Samuel Walker, emeritus professor of criminal justice at the University of Nebraska at Omaha, branded the revelations “concerning” and “appalling”. Walker said more serious action should have been taken against Rice in 2013.


THREE:

A year earlier...................................................
, Rice was hospitalized over mental health concerns and had his gun confiscated after Karen McAleer asked police to do a welfare check, the Associated Press reported. It is not clear for how long he was hospitalized.

“This is all appalling,” said Walker

http://www.theguardian.com/us-news/...icer-brian-rice-freddie-gray?CMP=share_btn_tw

http://www.nydailynews.com/news/cri...nded-personal-arrest-report-article-1.2216342

 

[CARIIS]

The report by cop:

https://www.documentcloud.org/documents/2075415-lt-brian-rice-westminster-police-report.html

 

[DebinGA]

Is there any evidence or indication from Sandtown residents that Rice was a bad cop or from anywhere else the 41 yo Rice has patrolled?

 

[CARIIS]

I think it's unfortunate that the media and others are hitting hard on this particular LE Officer based on him having one prior incident and mental health issues. Especially since we don't have any indication at this point that Officer Rice was acting erratically or out of control with Mr. Gray's arrest. So the media seems to have overwhelming empathy for someone like Andreas Lubitz who had mental health issues and clearly murdered people crashing a plane. Yet, no one has anyone information that Rice is a mean out of control officer or was improper in handling Mr. Gray's arrest, so it's really kind of picking on him/mental health and creating drama when it may be a non-issue and not supported by evidence. It seems to me premature and mean-spirited at this point, but a lot of things so far about this case seem premature to me. Jmo/

See posts a few up or down -- clear documentation, regarding at least three incidents, some of which went on for over a year, of patholgoical and threatening behaviors

 

[ohreally]

WaPo reports another passenger in the van w/FG heard sounds indicating FG was intentionally or unintentionally behaving in a way liable to hurt himself on the other side of the partition. That gets lot of reaction. Next thing we know, Mosby's lead investigtor Bledsoe's girlfriend WBAL's Miller has an on-air interview with Donta claiming he told police nothing of the sort. That at most he heard only a couple of teensy, brief tapping sounds from FG, and that he never talked to police. Someone's not telling the truth, and my money's on Donta II.

I have no doubt that what he said in a signed affidavit is much different than what he said for public consumption on tv. I am really curious why his transport was to the police department and not the jail. Why? It seems to me that he was not being brought in under arrest, but maybe for questioning on some other matter, or an informant. Something is sure odd with why he was being transported that day IMO.

 

[Curious Guy]

Is there any evidence or indication from Sandtown residents that Rice was a bad cop or from anywhere else the 41 yo Rice has patrolled?

Doesn't matter. The inquisition continues full speed ahead and can't be stopped.

 

[BirdycatNY]

I hope that Freddie Gray's mom finds some comfort on this Mother's Day, since she lost two sons. Regardless of what the facts are in this case and the outcome. The truth will come out, but take away all the media spin, lifestyle choices and potential agendas and Freddie Gray's mom still lost two children, it's sad. Jmo/

 

[Elley Mae]

Is there any evidence or indication from Sandtown residents that Rice was a bad cop or from anywhere else the 41 yo Rice has patrolled?

None that I can see, I have looked up officer rice on the md judiciary website and he has made lots & lots of arrest yet I see nothing that has him in court over police violence/brutality. And the dude that officer rice had problems with over rice's ex girlfriend?/ mother of his child, which is who he was very concerned about cause the mother was in a abusive/domestic violence situation. I see no fault in Officer Rice being concerned for his son and doing what he did. jmo idk

 

[Tawny]

I would think that the ex's new husbands record would also be importent to know. It is possible that Lt Rice was very concerned that his child was living in that household. We don't know what was happening that no charges were filed against Lt Rice, The other doesn't have a squeaky clean record of violence. it's hard for me to judge either one with the limited info made public and in public record.
I also think that a person will step out of line in concern for their child's safety, and yet have no problem doing their job professionally.
As far as giving a fake number, we don't know if it was intentional or not.

Therer is another side to it. The man he was beefing with had a Restraining Order taken out against him by Rice's ex wife. His 4 yr old son was in that home. He was making a great effort to PROTECT HIS SON. Until I know more about his side of the story, I will back off.

Yes it is still in place till 6/08/2015

http://casesearch.courts.state.md.us/inquiry/inquirySearch.jis

I never said his past records should be off limits. my point was that I don't believe it was all one sided. The other person requested a restraining order. It only lasted for a week and was dismissed. I anything he wrote in his request with a grain of salt. His record speaks for itself on violence.
I have seen nothing in his actions the day Freddie died to tell me he did anything violent or self destructive on that day.

None that I can see, I have looked up officer rice on the md judiciary website and he has made lots & lots of arrest yet I see nothing that has him in court over police violence/brutality. And the dude that officer rice had problems with over rice's ex girlfriend?/ mother of his child, which is who he was very concerned about cause the mother was in a abusive/domestic violence situation. I see no fault in Officer Rice being concerned for his son and doing what he did. jmo idk

I've been trying to get past this but I just literally can't. This is unreal.

<mod snip> Are we seriously defending a man who was involved in a standoff with police for AN HOUR AND A HALF with a gun, threatening the lives of himself and his so-called loved ones?! If he were any other citizen than a COP, NO ONE would be defending his actions. There would be a whole lot of "it doesn't matter if the ex's husband was a bad man, you can't take people hostage with a gun!!!" but since he's a cop it's ok?!??! REALLY????????

This mentality right here is why people are so outraged and upset. THIS. Because bad LEO are defended and excused and allowed to continue to be bad LEO. That makes all the GOOD LEOs suffer. STOP EXCUSING BAD COPS

<modsnip>

 

[katydid23]

And yet six officers have been charged in Freddy's death. And Freddy is not charged with anything. Because he is dead.

Interesting.

Being charged is a long way from being tried or convicted. I think several of those officers will see their charges dropped.

 

[ShadyLady]

If we believe Mosby and if the mystery stop came after the van had left the bike cops but before Ofc. Porter met the van at the next known stop, then FG was conscious and able to answer Porter's question re if he needed a medic. Iirc Mosby said FG complained to Porter/Goodson of being unable to breathe, so Porter moved him from the floor onto the bench. Mosby then claims, "While discussing the transportation of Mr. Gray for medical attention, a request for additional units was made for an arrest at the 1600 West North Avenue. Officer Porter left the scene of Druid Hill Avenue to assist in the arrest of another prisoner at North Avenue" ... Bottom line, whatever the mystery stop involved, it didn't render FG unable to speak to officers at the next stop.

Good point.

Still think something stinks with MM and husband. This morning I have thought of more questions. Just a couple:

Does a video exist of Donta Allen being placed into the van?

And why after so many arrests was Gray STILL out on the streets probably continuing to sell drugs??

 

[DebinGA]

Trying to figure out when FG's life-threatening injuries could have occured during police custody. I'm not sure of the "stop numbers" but iirc this is Mosby's sequence of events:

* Cops handcuff FG and seat him in van, unbelted

* Soon after (~1-2 blocks later) Rice shackles FG's legs and lays him facedown on the van floor w/his head pointed at the driver cab

* Mystery Stop - Goodson stops and goes back to check on FG. Goodson continues driving until next stop.

* Goodson calls for help and Ofc. Porter arrives (Dolphin St.) Porter talks with FG and "assists him" from floor onto seat [perhaps at FG's request?] and unbelted [perhaps because FG told Porter he was having difficulty breathing, and Porter didn't want to "cinch" FG in/constrain him and make his ability to breathe even harder?] Goodson and Porter are discussing transporting FG to get medical attention when a units-respond call for help near FG arrest site comes in.

*Porter leaves Goodson/FG and responds to that call. Goodson soon follows and is met there by Sgt. White. White, Porter, and Goodson check and find FG on the floor and "unresponsive".

Just offered to help figure out when a catastrophic spine injury could have occurred? When Porter picked up FG from the floor and set him upright on the seat? From FG standing up in the moving van after Porter left and falling to the floor, hitting the "bolt" along the way? Other scenarios?

 

[Boytwnmom]

and would be argued via motion. The prosecutor makes the initial determination to join. But motions to join or sever can actually be made by either party at the initial stages of the criminal proceeding. The court can also act on its own to sever joined charges or joined defendants. The basis for severance is prejudice. Improper joinder is also a basis for appeal of a conviction.

Two or more defendants may be charged in the same charging document, "if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. The defendants may be charged in one or more counts together or separately, and it is not necessary to charge all defendants in each count." Maryland Rule 4-203(b).

On motion of a party, the court may order a joint trial for two or more defendants charged in separate charging documents if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Maryland Rule 4-253(a).

A request for joint or separate trials of defendants or offenses must be made in writing within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the court, except when discovery discloses the basis for a motion, the motion may be filed within 5 days after the discovery is furnished. Maryland Rules 4-252(a)(5) and (b).

If it appears that any party will be prejudiced by the joinder for trial of counts, charging documents, or defendants, the court may, on its own initiative or on motion of any party, order separate trials of counts, charging documents, or defendants, or grant any other relief as justice requires. Maryland Rule 4-253(c).

Here the defendants were likely joined because all charges were related to the same sequence of events. But there is no charge of conspiracy among the defendants so it is very easy to articulate grounds for severance as the acts alleged to have been committed by the various defendants are varied and only one is charged with the very serious crime of murder. For the joinder of defendants in Maryland a basic requirement to render it not prejudicial is that all or most of the evidence has to be mutually admissible against each defendant. Here you have defendants with much lesser charges, many likely to be dismissed, joined with a defendant with a murder charge. It doesn't seem possible that the van drivers alleged actions are admissible against the arresting officers. And the false arrest type charges wouldn't be admissible against the van driver who didn't participate in the arrest.

As with many procedural aspects there are strategic reasons to request either a joinder or severance. It depends on the charges, the specific defendants etc. Not being a criminal lawyer I'm not really up on all the various factors that go into the determination. It may be that the attorneys for the defendants have decided to work together to take down the whole case and so will not request severance so as to present a united front, pool resources etc. If charges are thrown out the state may itself want to sever the cases and try to hang their hat against one defendant on the murder charge. But I really don't know.

Oh, and on a another note, I did finally read the Motion. And it seems they are asking the court to appoint a new prosecutor. I thought normally the state would be able to choose their own special prosecutor but you can ask the court for anything and a court does have broad jurisdiction. I'm not sure the court will want to do this though. But I guess that will depend on the judge.

BBM. Thanks so much for this opinion and interpretation. I do have to say the title of "Baltimore City State's Attorney" is QUITE confusing, which is why I was having so much confusion about whether or not the State AG had some part in this.

So, it's now up to a Baltimore judge. Any ideas how soon this motion might be acted upon? Is there even a judge assigned to the case yet?

Boytwnmom-- can you also comment, if/ when you have time, on the issues involved with potentially severing all six of the cases, versus all six being tried together? I'm really confused about how that may shake out, and the procedures involved. The charges are all so different, that it seems logical that each defendant could/ should petition to be severed, but IDK what the law says about this.

Thanks very much for your input, opinion, and expertise!

Edited to add: Forgot to add, the article you linked is EXCELLENT at outlining difficulties confronted by prosecutors in high profile cases. I highly recommend reading it to any interested. A real eye opener. Prosecutor Mosby seems to have succumbed to many of the prosecutorial pitfalls and conflicts of interest outlined the article, IMO.

 

[jjenny]

WaPo reports another passenger in the van w/FG heard sounds indicating FG was intentionally or unintentionally behaving in a way liable to hurt himself on the other side of the partition. That gets lot of reaction. Next thing we know, Mosby's lead investigtor Bledsoe's girlfriend WBAL's Miller has an on-air interview with Donta claiming he told police nothing of the sort. That at most he heard only a couple of teensy, brief tapping sounds from FG, and that he never talked to police. Someone's not telling the truth, and my money's on Donta II.

Donta Allen was only there for the last five minutes of 45 minute ride. By the time he was placed in the van, Freddie Gray was already non-responsive, so the injury happened prior to Donta Allen placed in the van. He couldn't see anything either, because of the metal insert between him and Gray.

 

[dandy]

Good point.

Still think something stinks with MM and husband. This morning I have thought of more questions. Just a couple:

Does a video exist of Donta Allen being placed into the van?

And why after so many arrests was Gray STILL out on the streets probably continuing to sell drugs??

here you go . . . http://www.wbaltv.com/news/second-m...um=twitter&utm_source=trueAnthem:+New+Content

as for your 2nd question - no idea

 

[DebinGA]

When I was first on a grand jury 20 yrs. ago, the most amazing thing was that almost all the cases were plead out by the time they got to us. The Asst. DA would give a brief summation of the facts (~1 min. each) we'd all say "true bill" in unison. The cases were overwhelmingly drug related with a few burglaries thrown in. There's no room in jail for low-level drug perps like FG, unless there's violence present imo, especially in a cash-strapped place like Baltimore.