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  1. #1
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    State of Maryland vs Officer Garrett Miller - Trial/Jury Selection -*Charges Dropped*

    Officer Garrett Miller, 26, was charged with second-degree assault, misconduct in office and false imprisonment. Bail $250,000 - Trial: July 27, 2016.

    On April 12, 2015, Freddie Carlos Gray, Jr., a 25-year-old man, was arrested by the Baltimore Police Department for possessing what the police alleged was an illegal switchblade knife. While being transported in a police van, Mr. Gray fell into a coma and was taken to hospital. Mr. Gray died on April 19, 2015; his death was listed as injuries to his spinal cord. On April 21, 2015, pending an investigation of the incident, six Baltimore police officers were suspended. Prosecutors stated that they had probable cause to file criminal charges against the six police officers who were believed to be involved in his death. The officer driving the van was charged with second-degree" depraved-heart" murder for his indifference to the considerable risk that Mr. Gray might be killed, and others were charged with crimes ranging from manslaughter to illegal arrest.


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    Administrator Aubrey's Avatar
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    'Clean Team' takes over prosecution for Porter, Miller trials

    By Joy Lepola Tuesday, July 19th 2016

    BALTIMORE (WBFF) -- The Baltimore State's Attorney's Office is about to shake things up as another Baltimore police officer prepares to stand trial.

    Officer Garrett Miller is the next officer scheduled to take the stand in the police trials resulting from the death of Freddie Gray in April 2015. Miller is the bicycle officer depicted in footage taking Gray to the ground on the morning of April 12, 2015.

    According to information written in a pre-trial motion filed by the State, a new team of prosecutors called the "Clean Team" will assume control of prosecuting Officers [Only registered and activated users can see links. ] and Miller. The two-person team will replace Chief Deputy State's Attorney Michael Schatzow and Deputy State's Attorney Janice Bledsoe.

    Under limited immunity provided by the State, Miller [Only registered and activated users can see links. ]. The burden is now on the State to prove none of Miller's testimony will be used in his own prosecution.

    As for upcoming trials, Miller's is set to begin on July 27. He is charged second-degree assault, misconduct in office and reckless endangerment.

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    Last edited by Aubrey; 07-20-2016 at 01:10 PM.
    Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

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    Administrator Aubrey's Avatar
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    Another Freddie Gray Police Trial Gets Underway Next Week

    By [Only registered and activated users can see links. ] 48 minutes ago - 7/20/2016

    BALTIMORE (AP) - The remaining trials for three officers charged in the death of a black man who was critically injured in a police van appear to moving forward, even though prosecutors have failed four times to get a conviction.

    Officer Garrett Miller is scheduled to go on trial next week in the death of Freddie Gray.


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    Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

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    Administrator Aubrey's Avatar
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    Before next trial in Freddie Gray case, prosecutors face legal 'minefield' over immunized testimony

    July 24, 2016

    Before the next Baltimore police officer stands trial in the arrest and death of Freddie Gray, prosecutors will face a barrage of legal questions about whether they gleaned any evidence or strategic advantage from his forced testimony in the trial of another officer in May.

    One state high court judge called the process a legal "minefield." An assistant attorney general representing the prosecution said it could present a "banquet of consequences" for them.

    Officer Garrett Miller, 27, was compelled against his will to testify in the trial of Officer Edward Nero under a limited form of immunity that prevents prosecutors from using anything he said on the stand against him at his own trial.

    Miller's trial is scheduled to begin Wednesday. Before it starts, Baltimore Circuit Judge Barry G. Williams is expected to hold a hearing to determine whether prosecutors took the proper steps to ensure the terms of that immunity agreement — designed to protect Miller's constitutional right against self-incrimination — have not been violated.

    Prosecutors and defense attorneys have filed written motions about that so-called Kastigar hearing, and Williams is expected to hear arguments on those and other pretrial motions Wednesday morning.

    It remains unclear how long the hearing will take and whether it will significantly delay the start of the trial itself. Never in Maryland has a defendant gone to trial after having been compelled to testify against a co-defendant.

    What is clear is that the hearing will mark a significant turning point in the prosecution of the six officers charged in Gray's arrest and death.

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    Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

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    Administrator Aubrey's Avatar
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    State Faces Hurdle in Trial of 5th Officer Charged in Freddie Gray Case

    July 25, 2016 6:28 PM By Mike Hellgren

    BALTIMORE (WJZ) —
    The Baltimore State’s Attorney’s Office will face an unprecedented hurdle as they try to successfully prosecute Baltimore Police Officer Garrett Miller, one of several officers charged in the arrest and death of Freddie Gray.

    Officer Miller marks the first defendant to face prosecution after testifying against a co-defendant. Before his trial can begin, prosecutors must show that his past testimony — given in the trial of fellow officer Edward Nero, who was later acquitted of all charges — will not be used against him.

    Miller, one of five officers suing State’s Attorney Marilyn Mosby over allegations that the charges brought against him were motivated by political reasons, was a bicycle officer involved in Gray’s initial arrest. He faces charges including manslaughter, assault, misconduct, and reckless endangerment.

    The situation is the first of its kind as it has never happened before in a Maryland courtroom. “This is absolutely a unique circumstance,” legal analyst Adam Ruther, an attorney with the firm Rosenberg Martin Greenberg, LLP, told WJZ’s Mike Hellgren.

    As Ruther noted, the state was warned of the risks involved with Miller taking the stand against a fellow officer.

    “If you’re going to use these officers as witnesses against each other, you’re going to be held to a very high standard to prove that nothing you forced them to stay when you used them as witnesses comes back to bite them when they are sitting in the chair as defendants,” he said.

    State’s Attorney Mosby fought tooth and nail for the officers’ testimony all the way to Maryland’s highest court.

    While she won that fight, the decision to force Officer Miller — as well as Officer William Porter — to take the stand in other trials means Deputy State’s Attorney Janice Bledsoe and Chief Deputy State’s Attorney Michael Schatzow are out of the picture. They will be replaced in Miller’s trial by Assistant State’s Attorneys Sarah David and Lisa Phelps.

    The new team of prosecutors, dubbed the “Clean Team,” will have to prove they were were not tainted in any way by the past testimony provided by Officer Miller.

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    Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

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    Administrator sunny47's Avatar
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    Critical Hearing Ahead In Next Trial of Officer Charged in Freddie Gray’s Death
    July 26, 2016 7:26 PM By Mike Hellgren

    [Only registered and activated users can see links. ]

    BALTIMORE (WJZ) — A critical hearing on Wednesday will determine whether prosecutors can move forward with the next trial of a Baltimore police officer charged in the arrest and death of Freddie Gray.

    Officer Garrett Miller arrested Gray, who suffered life-threatening injuries in custody less than an hour later. Miller was one of three bicycle officers involved in the initial confrontation with Gray. The other two have been acquitted of all charges.

    In question at the special hearing is whether the Baltimore State’s Attorney’s Office’s case against Miller has been in any way tainted or compromised by testimony he gave when he took the stand in the trial of Officer Edward Nero, who was later cleared.

    Because of Miller’s took the stand as a witness in Nero’s trial, new prosecutors are required to handle his trial. That means Deputy State’s Attorney Janice Bledsoe and Chief Deputy State’s Attorney Michael Schatzow are out of the picture. They will be replaced in Miller’s trial by Assistant State’s Attorneys Sarah David and Lisa Phelps.

    According to court documents filed by the State’s Attorney’s Office, they were “instructed not to watch any news coverage of any trials involving the testimony of Officer Miller, not to discuss any testimony of Officer Miller, and to take precautions to ensure that they would not be exposed to Officer Miller’s immunized testimony.”

    But defense attorneys for Miller have claimed that the old prosecution team breached ethics and inappropriately discussed Miller’s case with them.

    “It’s not often you see prosecutors called to the witness stand and have to testify under oath,” said attorney Warren Alperstein, who has closely followed this case.

  7. #7
    Administrator Aubrey's Avatar
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    Freddie Gray case: What you need to know about the upcoming trial of Baltimore Police Officer Garrett Miller

    July 27, 2016

    he trial of the next Baltimore police officer charged in the [Only registered and activated users can see links. ] case is set to get under way, with a pretrial motions hearing Wednesday morning in a downtown courtroom.

    Officer [Only registered and activated users can see links. ], 27, is charged with second-degree assault, reckless endangerment and two counts of misconduct in office related to the arrest of Gray, a 25-year-old man who died a week after sustaining a severe spinal injury in the back of a transport van.

    He will be the fifth officer to stand trial in the case. Prosecutors have yet to secure a conviction, with three officers being acquitted by a judge in bench trials this year and a fourth officer's trial ending with a hung jury and mistrial in December.

    Miller, 27, was hired by the [Only registered and activated users can see links. ] in 2012. He was on bicycle patrol on April 12, 2015, when he was called to chase Gray, who ran from officers in the Gilmor Homes area of West Baltimore.

    Miller was compelled to testify under limited immunity in the May trial of co-defendant Officer Edward Nero. Because of this, a hearing will be held before trial to determine whether prosecutors took the proper steps to ensure the terms of that immunity agreement — designed to protect Miller's constitutional rights against self-incrimination — have not been violated.

    The prosecutors

    A new team of prosecutors will be trying the case. Assistant State's Attorney Lisa Phelps has been with the state's attorney's office since 1999 and currently leads the training division.

    Assistant State's Attorney Sarah David has been with the state's attorney's office since 2014. A prosecutor in the misdemeanor unit, she is a Johns Hopkins University alumnus and has a master's degree in comparative ethnic conflict from Queen's University in Belfast.

    Prosecutors could decide to drop one or more charges against Miller. At the start of the last trial, of Lt. Brian Rice, prosecutors dropped one misconduct-in-office charge against him, while the judge dropped an assault charge at the trial's midpoint.

    The defense attorneys

    Miller is represented by attorneys Catherine Flynn and Brandon Mead of the law firm of Mead, Flynn & Gray. Flynn is a partner in the firm and has represented clients in a number of high-profile cases, including self-professed serial killer Joseph Metheny, whose death sentence was eventually overturned. She has also represented several police officers charged with crimes in recent years.

    Mead is an associate attorney and son of co-partner Margaret Mead. His recent cases include a murder trial in which evidence was suppressed because police used cell site simulator technology, also known as a stingray.

    [Only registered and activated users can see links. ]
    Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

  8. #8
    Administrator sunny47's Avatar
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    Brian Kuebler ‏@BrianfromABC2

    #Breaking ALL CHARGES DROPPED IN THE REST OF #FREDDIEGRAY CASES.
    The CCR ‏@theCCR

    Prosecutors fail to obtain a conviction after 4 trials, meaning no criminal accountability for #FreddieGray’s death

    Kevin Rector ‏@RectorSun

    FULL STORY: All remaining charges against @BaltimorePolice officers in #FreddieGray case dropped: [Only registered and activated users can see links. ]




    Mike Hellgren ‏@HellgrenWJZ

    A crucial hearing starts at 9:30 in the trial of Officer Garrett Miller. Updates here @cbsbaltimore #FreddieGray

    Justin Fenton  ‏@justin_fenton

    A very rare type of legal hearing will be held today before the next trial in #FreddieGray's death can proceed
    Last edited by sunny47; 07-27-2016 at 02:32 PM.

  9. #9
    Administrator sunny47's Avatar
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    Prosecutors Drop Charges In Cases Of Three Remaining Officers In Freddie Gray Related Trials
    Wednesday, July 27, 2016

    [Only registered and activated users can see links. ]

    Prosecutors have have dropped the charges against three remaining officers in Freddie Gray related trials: Officers Miller, Porter and White

    Robert Lang WBAL ‎@Reporterroblang


    BREAKING NEWS: It appears that #FreddieGray trials are over with three acquittals, one mistrial and three cases dropped

    8:42 AM - 27 Jul 2016

    9:20 a,.m.

    Officer Garrett Miller has arrived at Courthouse East for a motions hearing on his trial related to the death of Freddie Gray.

    Miller and his attorney arrived at the courthouse at around 9:15 this morning.

    This is a very unique hearing, known as a Kastigar Hearing, named for a 1972 Supreme Court case.

    It centers on Officer Garrett Miller’s testimony at the trial of Officer Edward Nero in May, in which Miller testified, he was the only officer to arrest Freddie Gray.

    Under an immunity agreement, none of this testimony can be used in Miller’s trial, there is even a new prosecution team to show the judge this is a completely different case.

    However, the defense argues that prosecution is tainted, because the new prosecutors have talked to the old prosecutors about the case.

    Six assistant state’s attorneys have been subpoenaed to testify.

    5:00 a.m.

    It is back to court today for one of the officers charged in the death of Freddie Gray.

    Today's hearing for Officer Garrett Miller is precedent setting.

    Garrett Miller is believed to be the first defendant in Maryland history to testify for the state at the trial of a co-defendant, and then go on trial himself.

  10. #10
    Administrator sunny47's Avatar
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    Justin George Verified account  ‏@justingeorge ˇ 2m2 minutes ago

    Next for 6 officers now cleared in #FreddieGray death - Internal affairs reviews, which rarely result in discipline

  11. #11
    Admin dingo's Avatar
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    I guess there will be more riots.

  12. #12
    Administrator Aubrey's Avatar
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    Quote Originally Posted by dingo View Post
    I guess there will be more riots.
    If Marilyn Mosby keeps running her mouth there sure will be! IMO, she should step down as prosecutor. grrr
    Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

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    Marilyn Mosby Press Conference

    7/27/16



    Published on Jul 27, 2016
    State's Attorney Marilyn Mosby is defending the prosecution of six officers charged in the Freddie Gray case and says she still blames police for the young black man's death. Mosby spoke Wednesday near the site of Gray's arrest in April 2015. Her comments came after prosecutors told a judge that they were dropping the remaining charges against three officers. Three other officers were acquitted. Mosby says prosecutors do not believe that Gray killed himself when he was handcuffed and shackled in the back of a police van and stand by the medical examiner's finding that his death was a homicide. She declined to take questions, citing a lawsuit the officers have filed against her. Attorneys for the officers planned a news conference for later Wednesday. The father of Freddie Gray says the family stands by the Baltimore prosecutor who led the case against six officers charged in his son's death. Richard Shipley said during a news conference Wednesday that the family "is proud to have her represent us." The prosecutor, Marilyn Mosby, announced earlier in the day that she was dropping charges against the remaining officers awaiting trial in the case. In a fiery defense of her prosecution, Mosby blamed police for an investigation that failed to hold anyone accountable for the death of Gray, a young black man. Gray's neck was snapped in the back of a police van, and he died a week after his injury. Mosby says she stands by the finding that Gray's death was a homicide, saying "we do not believe that Freddie Gray killed himself."
    Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

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    Transcript: State's Attorney Marilyn Mosby on the dropped charges

    July 27, 2016

    The following is the transcript of Baltimore City State's Attorney Marilyn J. Mosby's address following the decision to drop charges against the three remaining officers charged in the Freddie Gray case:

    [Only registered and activated users can see links. ]


    Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

  15. #15
    Administrator Aubrey's Avatar
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    Officer's attorney: State's Attorney's Office 'denied justice' to Gray family

    By Jeff Abell Wednesday, July 27th 2016

    BALTIMORE (WBFF) -- Now that the State has [Only registered and activated users can see links. ] in the Freddie Gray death investigation, a gag order has been lifted, giving all six officers and their attorneys a chance to react to the decision.

    "It's time to heal," said Ivan Bates, defense attorney for Officer Alicia White. White was scheduled to stand trial after Officer Garrett Miller and before the retrial for Officer William Porter.

    At a [Only registered and activated users can see links. ] on Wednesday afternoon, the half-dozen officers and their attorneys discussed the case and defended their actions.

    "There was no wrongdoing by any of the six of these officers," said FOP President Gene Ryan.
    Since the officers still face an administrative review, they left the talking to their attorneys, who blamed State's Attorney Marilyn Mosby for failing to perform a thorough investigation.

    "The Baltimore City State's Attorney had an opportunity to do an in-depth investigation and they did not," said Bates. "It is the Baltimore City State's Attorney's Office that's denied justice to the Gray family and denied justice to these officers."

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    Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

  16. #16
    Administrator Aubrey's Avatar
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    Posted on August 1, 2016 by [Only registered and activated users can see links. ] in [Only registered and activated users can see links. ]

    Report: Leaked text messages demonstrate Mosby’s bad faith

    [Only registered and activated users can see links. ] says Fox News’ Trace Gallagher is reporting that leaked text messages between one of Marilyn Mosby’s deputies and the lead investigator in the Freddie Gray case raise new concerns about Mosby’s honesty and good faith in deciding to charge six officers with Gray’s death. The leaked messages reportedly suggest that the prosecutors planned to charge the officers regardless of what the evidence showed.

    Detective Dawnyell Taylor reportedly revealed in case notes that she was handed a narrative by the prosecution to read to the grand jury. She wrote that the narrative “had several things that I found to be inconsistent with our investigation.” Taylor added, “I thought the statements in the narrative were misquoted.”

    In one of the leaked text messages, Taylor also reportedly told the lead 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,” she explained.

    In a related development, [Only registered and activated users can see links. ] reports that George Washington University law professor John Banzhaf has filed complaints against Marilyn Mosby with the Attorney Grievance Commission of Maryland. He alleges that Mosby and two deputies committed ethics violations, used “fraudulent or misleading tactics,” withheld evidence from the defense, and brought charges without probable cause against the six Baltimore police officers.


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    Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

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