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

[KEVINinTO]

CNN legal analyst Paul Callan who has read all 107 pages believes that there is a conflict of interest.

 

[branwynbreeze]

The most senior Baltimore police officer charged over the death of Freddie Gray used his position to order the arrest of a man as part of a personal dispute just two weeks before the fatal incident, prompting an internal inquiry by Baltimore police department.

During an erratic late-night episode in March, Brian Rice boasted he was a lieutenant in the Baltimore police department and warned “heads will roll” if officers in a nearby city did not “go arrest” his ex-girlfriend’s husband, according to a police report obtained by the Guardian.

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


2 weeks before he arrested FG.

Thank you.

 

[jjenny]

Wolf Blitzer asked FG family attorney Billy Murphy "did you do legal work for Marilyn Mosby". Murphy responds "I have no current recollection of that - I'll have to look into it and if I did address it"

He has no current recollection of that? Really? One would think one would remember if he represented her or not.

 

[KEVINinTO]

Here is a copy of the 107 page petition to have Mosby removed.

http://www.fop3.org/wp-content/uploads/2015/05/Motion-for-Dismissal-or-Recusal.pdf

On the day she was sworn in Mosby dismissed a case against a client of Billy Murphy

 

[dandy]

The motion may go into the Guinness Book of World Records if it's 107 pp. as reported.

i wish they had included what time they got the official autopsy report.

 

[SStarr33]

Wolf Blitzer asked FG family attorney Billy Murphy "did you do legal work for Marilyn Mosby". Murphy responds "I have no current recollection of that - I'll have to look into it and if I did address it"

Sounds like a yes to me

 

[popsicle]

i wish they had included what time they got the official autopsy report.

The SA? A tweet from that day said the report was turned over at 9:30 am.

 

[tlcya]

This post falls at random as a REMINDER:

This thread is about the death of Freddie Gray, the investigation and subsequent charges against Baltimore police officers in relation to his death in their custody. Please refrain from addressing the larger societal concerns. Let's let this be about Freddie and the case at hand.

Thank you.

 

[al66pine]

This is FG's fam's atty, right? http://murphyfalcon.com/lawyers/william-h-billy-murphy-jr/
" more than 42 years of practice in state courts."

earlier from KEVINinTO: "Wolf Blitzer asked FG family attorney Billy Murphy "did you do legal work for Marilyn Mosby". Murphy responds "I have no current recollection of that - I'll have to look into it and if I did address it".' bbm

He has no current recollection of that? Really? One would think one would remember if he represented her or not.

bbm

Yes, to some, sounds like a non-answer or a bogus answer. May recall, may not. IDK.
I did not see vid, so DK how much editing was done, sometimes a lot.

if conflict of interest question re his firm was asked (in other part of interview, edited out), it conceivably might require someone at law firm to review e-files of client contacts to determine.
~ 12 atty's in his firm- per this: http://murphyfalcon.com/

As to question asking only him personally, yes, I'd think - likely he would remember.
JM2cts.

 

[SCHMAE]

I've been busy the last several days and not current here but a question for those who are. I 'm confused why so much emphasis on the knife's legality or lack thereof. In the previous thread I touched on this and hope someone can verify for me. If they find the knife was ' legal' and therefore his arrest is ' illegal', can they charge the leo's as regular citizens?? I mean would it be as if 6 citizens caused another 1 citizen's death and that is why so much emphasis is on the knife? TIA
In my previous post I wondered this but I think whether legal or not what happened to him post arrest should be treated the same for everyone. When they did arrest him, wouldn't a jury decide if his knife was illegal? So I cannot see why it really matters. They arrest people ' wrongly' all the time. All detained persons should be able to expect life after the arrest, no matter how they came to be in police custody. Mooo

 

[KEVINinTO]

Megyn Kelly is discussing the motion for dismissal right now

 

[vanlutz]

I've been busy the last several days and not current here but a question for those who are. I 'm confused why so much emphasis on the knife's legality or lack thereof. In the previous thread I touched on this and hope someone can verify for me. If they find the knife was ' legal' and therefore his arrest is ' illegal', can they charge the leo's as regular citizens?? I mean would it be as if 6 citizens caused another 1 citizen's death and that is why so much emphasis is on the knife? TIA
In my previous post I wondered this but I think whether legal or not what happened to him post arrest should be treated the same for everyone. When they did arrest him, wouldn't a jury decide if his knife was illegal? So I cannot see why it really matters. They arrest people ' wrongly' all the time. All detained persons should be able to expect life after the arrest, no matter how they came to be in police custody. Mooo

The knife comes into play with the two arresting bike officers. The charges against them are unlawful imprisonment, false arrest and assault. If it was an illegal knife those charges should be dropped. As many have emphasized and the statute reads "spring assisted or OTHER DEVICE" it's the other device that keeps the door open for interpretation. So, chances are very good that at least the false arrest and imprisonment will and should be dropped.

<modsnip>

 

[MissSunshine]

I've been busy the last several days and not current here but a question for those who are. I 'm confused why so much emphasis on the knife's legality or lack thereof. In the previous thread I touched on this and hope someone can verify for me. If they find the knife was ' legal' and therefore his arrest is ' illegal', can they charge the leo's as regular citizens?? I mean would it be as if 6 citizens caused another 1 citizen's death and that is why so much emphasis is on the knife? TIA
In my previous post I wondered this but I think whether legal or not what happened to him post arrest should be treated the same for everyone. When they did arrest him, wouldn't a jury decide if his knife was illegal? So I cannot see why it really matters. They arrest people ' wrongly' all the time. All detained persons should be able to expect life after the arrest, no matter how they came to be in police custody. Mooo

The legality of the knife is important as it pertains to charges that some of the officers face. In the SA's probable cause for charges, she said the knife was legal in MD so the arrest of Mr. Gray was illegal. If it turns out the knife is illegal, as the arresting officers stated, then, IMO, it causes doubt to the other charges against all the officers and the SA's intention on filing the charges.

Mr. Gray and his family deserve justice but justice is not served by handing out charges that may be false. IMO, the SA may not be doing things for justice but to quiet the citizens as well as other motives that may benefit those close to her.

 

[KEVINinTO]

I've been busy the last several days and not current here but a question for those who are. I 'm confused why so much emphasis on the knife's legality or lack thereof. In the previous thread I touched on this and hope someone can verify for me. If they find the knife was ' legal' and therefore his arrest is ' illegal', can they charge the leo's as regular citizens?? I mean would it be as if 6 citizens caused another 1 citizen's death and that is why so much emphasis is on the knife? TIA
In my previous post I wondered this but I think whether legal or not what happened to him post arrest should be treated the same for everyone. When they did arrest him, wouldn't a jury decide if his knife was illegal? So I cannot see why it really matters. They arrest people ' wrongly' all the time. All detained persons should be able to expect life after the arrest, no matter how they came to be in police custody. Mooo

In a sense it shouldn't matter if the knife was legal or illegal. If the officers in good faith believed the knife fit the definition of a switchblade because it was spring-assisted they would have met the requirement for probable cause.

The fact that officers are being charged with false imprisonment because the SA thinks they made a mistake in identifying the knife is the most preposterous part of this case so far. The lawyers for the six defendants noted in their motion for dismissal that if it turns out that the knife is indeed illegal SA Mosby could be arrested for false arrest based on her own ridiculous standard!

Fortunately it is looking more and more likely that the knife is illegal. The lawyers noted in the motion for dismissal that contrary to the SA's charging document FG was not charged under Maryland law but under Baltimore statutes which have a broader definition of a switchblade. If in fact the knife is spring assisted it is deemed illegal under Baltimore statutes.

 

[Tricia]

Everyone, please keep on topic OK?

In this case the topic is the following: MD - Criminal investigation/charges after Freddie Gray dies in police custody #3

 

[Caffeine]

I'm curious about the knife...anyone know make/model? Do we have a pic?

 

[popsicle]

I don't understand why my post was deleted.

 

[MissSunshine]

I'm curious about the knife...anyone know make/model? Do we have a pic?

Nothing on the knife. No pics, no make or model. Just that LE said the knife was illegal and SA said it was legal.

 

[Ausgirl]

Maybe we should put this in context:

Rice claimed Andrew was violating a court-issued peace order to stay away from Karyn and her home. The Guardian understands that the order did not relate to any instances of violence.

Rice, who was placed under a temporary restraining order in 2013 after being accused in court filings of threatening to kill Andrew during a series of aggressive encounters, claimed he had spotted Andrew’s car in Karyn’s driveway after “driving by”.

Despite Obst assuring him that officers would go to the house to check on his young son’s welfare, Rice “was not satisfied”, the police report said, and instead repeatedly said Andrew McAleer must be arrested immediately.

“Heads will roll if something happens to her or the children, if you do not go arrest him,” Rice said, according to Obst. Rice added that he was a “lieutenant in the Baltimore police department” and McAleer “would be locked up instantly” if they followed his instructions, the police officer wrote.


============================================================

So apparently the ex had a court order to stay away from the home, where Rice's 4 yr old son lives. And Rice saw that his car was in the driveway. So he called the local cops and asked that he be arrested. Is that really so awful?

I am starting to understand better why Rice was not taken off the force. He did threaten to kill this Andrew guy, but it seems to be related to trying to protect his son.

Just to add a bit more 'context':

Police who visited Karyn McAleer’s home found her mother and sister babysitting her children, who were sleeping. The women told police Andrew was not at the house and had not been for some time, and merely left his car parked at the property. But Rice refused to believe he was not there, according to Obst, insisting incorrectly “he must have ran out the back door”.

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.

When asked to give his cellphone number, Rice gave a version with one digit altered, according to the officer.

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

So yeah, he sounds like a really stable individual.

At least he didn't pull a gun out and try to abduct anyone this time, or threaten to kill himself.

:facepalm:

If he had indeed beaten Gray previous to this arrest, as reported by a witness to the arrest, I hope there's someone who'll come forward in court to say so. It may be a part of why Gray fled after Rice made "eye contact" with him.

 

[KEVINinTO]

Page 103 of the motion for dismissal has a copy of the affidavit which was the basis of the WP story that revealed that the second passenger - since revealed as Donta Allen - thought FG was trying to injure himself.

The affidavit doesn't list the age of Donta Allen just "SID" numbers. I wonder how the WP got "38" as Donta's age when he is 22.

http://www.fop3.org/wp-content/uploads/2015/05/Motion-for-Dismissal-or-Recusal.pdf