MD - Freddie Gray dies in police custody #2

[jjenny]

I'm lost as why this knife can be illegal and legal, depending on who is talking about it. Somebody must know without a doubt whether it is legal or not, and why this back and forth continues.

Because state of MD has one set of rules, but city of Baltimore has another. Knife could be legal in the state but illegal in the city. Well, the arrest was made in the city.

 

[SStarr33]

The cops' lawyers don't have FG's autopsy/toxicology report, officers' statements, etc. I don't see any "getting their stories straight" scenario here. The 3 white bike cops know what they did, because they were all together while doing it and iirc on film, with Goodson joining them at the end. Iirc they don't know what happened with Ofcs. Goodson and Porter. Sgt. White doesn't seem to have done anything, which is what she's charged with - failure to act. I don't know why the trip to the station took 40 min., but I definitely see some fault due there.

I see no problem at all with a 40 minute trip to the station. Those vans hold appx 8 people. It makes no sense for them to keep driving back and forth. Just keep loading them in and then go to the station.

 

[DebinGA]

Looks like he is calling her bluff. If he wins this appeal it will be devastating for the SA, imo.

Nero is the young bike officer whose dad said he is also an EMT and would have rendered aid to FG if needed. He didn't initiate the pursuit of FG. He didn't write the arrest document. Nero probably did nothing at all wrong.

 

[SStarr33]

fox 5 dc ‏@fox5newsdc 5m5 minutes ago
#breaking: Baltimore officer charged in #freddiegray death files motion contending arrest was legal because of knife type (via ap)

woo hoo!!!!!!!!!!!!!!

 

[leah]

It is not cut and dry. There are overlapping rules which vary by state, county, city. And various court rulings and updates. It comes down to tiny variables such as 'springloaded' vs front loaded or side opening mechanisms.

But, you would think the state attorney would know before speaking out that it was an illegal arrest, at least I would think so.

 

[katydid23]

But, you would think the state attorney would know before speaking out that it was an illegal arrest, at least I would think so.

She knew.

 

[DebinGA]

I see no problem at all with a 40 minute trip to the station. Those vans hold appx 8 people. It makes no sense for them to keep driving back and forth. Just keep loading them in and then go to the station.

The trip would have been quicker if Ofc. Goodson hadn't volunteered to return to the original FG site when they'd traveled way south relatively close to the station. Ofc. Goodson checked on FG 4-5 times irrc during the journey, but when FG finally arrived he was almost dead. I'd say Goodson missed some important clues along the way that all was not well.

 

[octobermoon]

Will this motion be heard at the next hearing at the end of the month? TIA

 

[leah]

She knew.

But why risk your career? Further proof that the system is messed up IMO

 

[DebinGA]

She knew.

I'm not sure Mosby knew Baltimore had stricter knife rules than MD, because she looks foolish now to all but those who don't care about the law. I think she was unaware of the Baltimore statute, because she's never personally tried a case in her life iirc.

 

[popsicle]

But, you would think the state attorney would know before speaking out that it was an illegal arrest, at least I would think so.

A rush to judgement. She wanted to quiet the protests and property destruction imo.

 

[SStarr33]

The trip would have been quicker if Ofc. Goodson hadn't volunteered to return to the original FG site when they'd traveled way south relatively close to the station. Ofc. Goodson checked on FG 4-5 times irrc during the journey, but when FG finally arrived he was almost dead. I'd say Goodson missed some important clues along the way that all was not well.

Are you saying the 40 minute ride is too long for ANY prisoner?

 

[katydid23]

But why risk your career? Further proof that the system is messed up IMO

She knew it was a legal arrest, but she wanted to arrest all 6 of them to make a big statement and calm the rioters. AND she wants some leverage to try and make some deals, imo. If she can have some wiggle room to let some off in exchange for damning info against the others she is in good shape. So she trumped up charges against a couple to take down the rest, imo.

 

[ohreally]

I would think that with so many questions on the legality of the knife if the SA still believes it to be legal she would release a picture or at least the make of the knife by now. She sure has been quiet since her Friday media rounds.
I sure hope that if these police were arrested illegally that she will then be arrested on the same charges.

 

[katydid23]

I'm not sure Mosby knew Baltimore had stricter knife rules than MD, because she looks foolish now to all but those who don't care about the law. I think she was unaware of the Baltimore statute, because she's never personally tried a case in her life iirc.

I think she knew about the Baltimore statutes. But she didn't care because she has the other ones to use to try and justify her position and deflect blame. And she has leverage against some of the officers to try and use to negotiate and flip them.

 

[SStarr33]

Her statement:

http://stattorney.org/media-center/...m-state-s-attorney-mosby-on-freddie-gray-case

 

[Curious Guy]

But, you would think the state attorney would know before speaking out that it was an illegal arrest, at least I would think so.

When has that ever stopped a high ranking political figure from speaking out? IMO that rapid arrest and subsequent press conference was her making a statement. What that statement is I have an idea but can't say for sure.

 

[DebinGA]

Are you saying the 40 minute ride is too long for ANY prisoner?

No. I assume most prisoners end the trip alive. Ofc. Goodson, according to Mosby, failed to buckle FG in on 5 separate occasions, so I assume he went back and checked on him at least 4 times + noted his condition when he came aboard. Somehow in the 40 min. FG went from quasi-normal to quasi-dead, and the only person following his condition throughout was Ofc. Goodson, who apparently didn't notice anything noteworthy enough to call EMTs.

 

[bettybaby00]

The Supreme Court standard is whether a reasonable officer could have believed the knife was illegal at the time of the arrest. If so, the officer is not culpable if it turns out later he was mistaken. Mosby's position is that being mistaken is a criminal offense, except when the wrong name/address appears on 2 charging documents, putting 2 uninvolved persons' lives in jeapordy. That's not criminal; that was just a mistake.

Bingo. This is why her actions appear to be politically motivated. There is no way she didn't get the difference between MD statute and the one for Baltimore. And as an SA she doesn't understand the law with regard to "reasonable belief" then her law degree should be ripped up. That would seem to be a pretty basic concept.

 

[CoolJ]

I see no problem at all with a 40 minute trip to the station. Those vans hold appx 8 people. It makes no sense for them to keep driving back and forth. Just keep loading them in and then go to the station.

Great. so where are the other 6 prisoners that were picked up during this 40 minute ride?

Or was that 40 minute ride reserved for one person?