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  1. #61
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    Freddie Gray case: State drops a charge against officer

    By Laura Ly, CNN-Updated 11:16 PM ET, Thu July 7, 2016

    (CNN)Prosecutors dropped one misconduct in office charge against Baltimore police officer Lt. Brian Rice as his trial began Thursday. Rice is one of six officers charged in relation to the death of 25-year-old [Only registered and activated users can see links. ].

    Prosecutors dropped the misconduct charge, for allegedly failing to arrest without probable cause, after acknowledging that Rice was not directly involved in Gray's arrest.

    Rice, who was the highest ranked officer charged, still faces charges of involuntary manslaughter, second degree reckless assault, reckless endangerment and a remaining misconduct in office charge for failing to secure Gray with a seat belt inside a police vehicle.


    Prosecutors said during their opening statements that Rice's status as a supervisor meant he held culpability for Gray's death.
    "He was in charge," said Chief Deputy State's Attorney Michael Schatzow. "Because of the decisions that Lt. Rice made, Freddie Gray is dead."

    Rice was one of the three bicycle officers who encountered Gray on April 12, 2015. Shortly thereafter, Gray suffered a fatal spinal cord injury while in police custody.



    The state says Rice's decision-making and authority over other officers present contributed to Gray fatal injury.


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  2. #62
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    Prosecution Likely To Rest Today At Rice Trial

    Monday, July 11, 2016
    Robert Lang, WBAL NewsRadio 1090

    5:45 a.m.

    The trial of Lt. Brian Rice, the highest ranking officer charged in the death of Freddie Gray enters its third day.

    Rice is charged with manslaughter, second degree assault, misconduct in office, and reckless endangerment.

    In court filings, prosecutors had said they would take three days to present their case, and if that schedule holds the state will rest today.

    Prosecutors are basing their case on Rice, as the officer in charge the day Freddie Gray was arrested, failed in his responsibility to protect Gray.

    Another accused officer, Garrett, Miller, is expected to testify, as he has been ordered to testify in this trial.

    Miller testified at Officer Edward Nero's trial in May, and said that Rice initially chased Gray and asked him and Nero to help, but did not explain why Gray was being chased.

    Miller faces his own trial, which starts July 27, and is being offered limited immunity for his testimony.

    On Friday both Nero, and Officer William Porter were both in the courthouse Friday, but neither officer testified.

    Porter, who faces a retrial in September, has been ordered to testify in the trials of the other five accused officers.

    Last month, he testified at the trial of Officer Caesar Goodson, but he did not testify at Nero's trial.

    Prosecutors have presented nine witnesses over two days last week. All of these witnesses have testified at other trials, but since each case is separate, witnesses have to testify again.


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  3. #63
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    Third day of Rice trial in Freddie Gray case could include testimony from fellow officers

    The Baltimore Sun - July 11, 2016

    The third day of Baltimore police Lt. Brian Rice's trial in the arrest and death of Freddie Gray is scheduled to begin in a downtown Baltimore courtroom Monday morning – and could feature testimony from two of Rice's fellow officers.

    Rice, 42, is the highest ranking of six officers charged in the case, and the fourth to go to trial. One officer, William Porter, had a mistrial in December after a 12-member jury could not reach a consensus on any of the charges against him. Two other officers, Edward Nero and Caesar Goodson Jr., were acquitted at bench trials in May and June, respectively, by Circuit Judge Barry G. Williams.

    Rice, who faces involuntary manslaughter, second-degree assault, reckless endangerment and misconduct charges, has also placed his legal fate in the hands of Williams, rather than a jury. He has pleaded not guilty to all of the charges.


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  4. #64
    Administrator Aubrey's Avatar
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    At trial of Rice in Freddie Gray case, fellow officer Nero describes arrest scene as volatile

    [Only registered and activated users can see links. ] - The Baltimore Sun
    July 11, 2016

    The third day of Baltimore police Lt. [Only registered and activated users can see links. ]'s trial in the arrest and death of [Only registered and activated users can see links. ] began Monday with prosecutors calling two of Rice's fellow officers, also charged in the case, to the stand — then immediately casting them as hostile witnesses.

    Rice, 42, is the highest ranking of six officers charged in the case, and the fourth to go to trial. One officer, [Only registered and activated users can see links. ], had a mistrial in December after a 12-member jury could not reach a consensus on any of the charges against him. Two other officers, [Only registered and activated users can see links. ] and [Only registered and activated users can see links. ], were acquitted at bench trials in May and June, respectively, by Circuit Judge [Only registered and activated users can see links. ].

    Monday, prosecutors called Nero to the stand, and Chief Deputy State's Attorney [Only registered and activated users can see links. ] asked him about a defamation lawsuit he's filed against the prosecution and the fact he had entered into a "joint defense agreement with the other defendants."

    Rice's defense objected, and after a brief bench conference Williams agreed Nero was hostile to the prosecution, allowing Schatzow to ask Nero leading questions — something prosecutors are usually barred from doing.

    When Porter, who is scheduled to be retried in September, took the stand next, Schatzow asked about his defamation lawsuit against prosecutors and his cooperation with the defense.

    Porter acknowledged he had met with Rice's attorneys on at least two occasions and gone over documents with them— including his own statement to police.

    Williams did not rule Porter was a hostile witness.

    The morning testimony presented the latest example of prosecutors and police being at odds in the case.

    Rice, who faces involuntary manslaughter, second-degree assault, reckless endangerment and misconduct charges, has also placed his legal fate in the hands of Williams, rather than a jury. He has pleaded not guilty to all of the charges.

    Prosecutors allege Rice was negligent and uncaring when he helped place Gray handcuffed and shackled on the floor of the van's rear compartment without securing him with a seat belt. Schatzow has said that decision cost Gray his life.

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  5. #65
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    Assault charge dropped against officer in Freddie Gray case

    Prosecution rests case in Lt. Brian Rice trial

    By Stephen Anthony Sobek
    Posted: 3:21 PM, July 11, 2016

    An assault charge against Lt. Brian Rice was dismissed Monday as the prosecution rested its case during the third day of the Freddie Gray-related trial, [Only registered and activated users can see links. ]
    Rice is the fourth officer to go on trial in the police in-custody death of Gray.


    The judge said the state failed to prove Rice acted in concert with someone else to prove an assault charge.

    Rice faces manslaughter, reckless endangerment and misconduct in office charges in connection with Gray's death. The 25-year-old died April 19, 2015, a week after he suffered a neck injury in a police transport van.

    SNIP


    Nero testified for 40 minutes on Monday about Gray's demeanor during his arrest and how Gilmor Homes was becoming "very hostile area" and "started to empty out" at that time.

    During cross examination, Nero described an inhospitable environment during the initial arrest. He added that Gray was flailing, screaming and kicking inside the van.

    "We just had to move and get out of there," said Nero, who added that the crowd was "getting uncomfortably close" to them.

    At one point during Nero's testimony, there was a heated exchange between Nero and prosecutor Michael Schatzow during the state's redirect.

    Baltimore Circuit Court Judge Barry Williams gave the state some leeway in their questioning of Nero, allowing for questions the defense called leading, given his status as a former defendant in the case and since he is among five officers suing State's Attorney Marilyn Mosby over his arrest.

    Porter was next to testify. He was on the stand for 30 minutes and was asked by prosecutors to recall his interaction with Gray during stops four and five. Porter testified that he asked Gray if he needed medical help, and Gray said "yes."

    Porter testified that Gray's calm demeanor didn't indicate that he was injured. He also added that Rice was not present at either stops four or five.

    University of Maryland Police Captain Martinez Davenport testified about seat belt audits in April and September 2014. Martinez said all districts passed inspection on whether officers were seat belting arrestees.

    Baltimore paramedic Angelique Herbert, who treated Gray at the Western District, was to take the stand next.

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  6. #66
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    Officer Goodson, van driver acquitted in Freddie Gray's death, to receive $87K in back pay

    July 11, 2016

    fficer Caesar Goodson Jr., who was acquitted of second-degree murder and other charges in the death of Freddie Gray, is set to receive $87,000 in back pay.

    The city's Board of Estimates is set to authorize a payment of $87,705 to Goodson on Wednesday. Goodson and three other officers charged with felonies in connection with Gray's death were suspended without pay, under department policy. Having been acquitted, Goodson is now entitled to back pay under that policy.

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  7. #67
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    Defense Rests In Lt. Brian Rice Trial, Closing Arguments Thursday

    Tuesday, July 12, 2016
    Robert Lang and Tyler Waldman, WBAL NewsRadio 1090

    2:22 p.m.

    The defense rested Tuesday. Lt. Brian Rice did not take the stand in his own defense.

    Judge Barry Williams set closing arguments for Thursday at 10 a.m.

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  8. #68
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    Board Likely To Approve Back Pay For Goodson

    Wednesday, July 13, 2016
    Robert Lang, WBAL NewsRadio 1090

    Three weeks after he was acquitted at his murder trial, Baltimore City Police Officer Caesar Goodson is likely to get his back pay.

    The Baltimore City Board of Estimates is scheduled to vote today on a proposal to give $87,705 to Goodson.

    It reflects back pay from May 1, 2015, when the charges against Goodson was announced until June 22, the day before Goodson was acquitted.

    The move is required under the city's contract with the FOP. Goodson's salary was restored on June 23, when he was acquitted.

    Goodson remains suspended with pay pending a police department administrative review, and the completion of other cases related to the death of Freddie Gray.


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  9. #69
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    Tense Relations Between Cops, Prosecutors Fall Out From Freddie Gray Cases
    2 hrs ago

    [Only registered and activated users can see links. ]

    When Baltimore prosecutors give their closing arguments today in the case against Lieutenant Brian Rice, the highest ranking officer charged in the killing of 25-year-old Freddie Gray, the statements will highlight the painfully obvious strained relationship between that office and Baltimore police.

    Rice's trial, much like those of officers Edward Nero, Caesar Goodson and William Porter have been short and full of acrimonious back and forth between the Baltimore prosecutors' office which has felt stymied by a failure to net convictions and the city's police which has felt unfairly besieged.

    Many legal experts argue that it is becoming more and more apparent that perhaps an independent prosecutor would have alleviated the acrimony fueled by these trials. That person would conduct an independent investigation and an independent assessment of how to move forward without having to deal with the after effects.

    In this case, it would have been a much better idea if an independent prosecutor was brought in," said David Jaros, a professor at University of Baltimore Law School. When a case is this political and it's difficult to discern political concerns from the merits of the case, bringing an outside party who is dispassionate and removed from the situation is beneficial, he said.

    Rice's fate will soon be revealed after only four days of testimony. Nero and Goodson were acquitted and Porter's case resulted in a mistrial.

    And with each trial, the curtain has been pulled back, further revealing how broken down the relationship between Baltimore prosecutors and police has become since State's Attorney Marilyn Mosby's decision to charge six officers in the death of Freddie Gray.

    Mosby's decision not only to prosecute these officers but to have her office undertake the investigation and trial was seen by legal experts as highly unusual.

    It's also a decision many viewed with skepticism due to the inherent conflict of interest of going after police who are often seen as partners in law enforcement.

    "Even if there isn't bias, there may be appearance of bias because cops and prosecutors work so closely together," said Angela Davis, a professor at the American University School of Law.

    Mosby's decision not only to prosecute these officers but to have her office undertake the investigation and trial was seen by legal experts as highly unusual.

    It's also a decision many viewed with skepticism due to the inherent conflict of interest of going after police who are often seen as partners in law enforcement.

    "Even if there isn't bias, there may be appearance of bias because cops and prosecutors work so closely together," said Angela Davis, a professor at the American University School of Law.

    The working relationship between the police and prosecutors is usually tight and the offices frequently rely on one another as allies to undertake the nitty gritty of crime fighting.

    "They are on the same team" and are "working towards the same overall goal," says David Gray, a professor at the University of Maryland School of Law. Officers investigate cases and bring them to the prosecutors to take to court, he said.

    But in this case "natural allegiances became reversed and those who are normally aligned found themselves on opposite sides," Gray said.

    When it comes to police misconduct cases, "one tool is to ask for an independent prosecutor" so that local prosecutors can take themselves out of a highly political equation, Gray said. An equation that can not only give the perception of bias but one that can also sour a working relationship.

    This became clear in the Goodson trial when Prosecutor Michael Schatzow cross-examined the lead detective in Gray's death, Dawnyell Taylor.

    His first question was if she had a problem with prosecutor Janice Bledsoe, who was also trying the case. Schatzow went on to accuse Taylor of "sabotaging" their case by fabricating notes that would help the defense.

  10. #70
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    Verdict due in trial of Baltimore policeman over Freddie Gray death

    July 18, 2016 6:03 AM EDT

    (Reuters) - A Maryland judge is scheduled to hand down a verdict on Monday in the manslaughter trial of the highest-ranking Baltimore police officer charged in the death of black detainee Freddie Gray.

    Lieutenant Brian Rice, 42, is the fourth of six officers to be tried for Gray's death in April 2015 from a broken neck suffered in a police van. Prosecutors have yet to secure a conviction in the high-profile case.

    Gray's death triggered protests and rioting in the mainly black city and stoked a national debate about how police treat minorities. That debate flared anew this month with the deaths of African-American men at the hands of police in Minnesota and Louisiana.

    Baltimore City Circuit Court Judge Barry Williams has said he will announce his verdict at 10 a.m. EDT. He is hearing the case in a bench trial after Rice waived his right to a jury trial.

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  11. #71
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    Baltimore Police Officer Found Not Guilty of Involuntary Manslaughter, Reckless Endangerment

    July 18, 2016

    The highest-ranking Baltimore police officer charged in the 2015 death of Freddie Gray has been found not guilty of two of the three charges he is facing.Judge Barry Williams found Lt. Brian Rice not guilty of involuntary manslaughter and reckless endangerment Monday.

    Rice is also facing a misconduct in office charge.

    Williams previously dismissed a second-degree assault charge, and prosecutors dropped a second misconduct charge.
    Rice is the fourth of the six officers charged to go on trial in Gray's death. Three officers' earlier trials resulted in two acquittals and a mistrial.


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  12. #72
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    Prosecutors in Freddie Gray case violated officers’ constitutional rights, complaint claims

    By [Only registered and activated users can see links. ] - The Washington Times - Tuesday, July 19, 2016

    Prosecutors in the trials over the death of [Only registered and activated users can see links. ] violated the constitutional rights of six [Only registered and activated users can see links. ] officers by filing charges before they had sufficient evidence and failing to turn over exculpatory evidence to defense attorneys, according to a complaint that a D.C. law professor filed Tuesday with a Maryland legal board.

    John Banzhaf, an activist law professor at George Washington University, says in the complaint he filed with the Maryland Attorney Grievance Commission that the lead prosecutors should be disbarred for, among other things, “having improperly, illegally and unconstitutionally withheld and otherwise failed to turn over to defense counsel exculpatory evidence.” The Washington Times has obtained a copy of the complaint.

    Baltimore Chief Deputy State’s Attorney Michael Schatzow and Deputy State’s Attorney Janice Bledsoe have led the prosecution in the police trials. In late June, Mr. Banzhaf filed a complaint against Baltimore State’s Attorney Marilyn Mosby, the city’s top prosecutor.

    The State’s Attorney’s Office did not respond to repeated emails for comment on the complaint. Prosecutors, defense attorneys and acquitted officers are under a gag order and prohibited from speaking about the trials until all of the cases have been settled.

    The Attorney Grievance Commission would not comment on a pending filing.

    In his complaint, Mr. Banzhaf claims that Mr. Schatzow and Ms. Bledsoe violated an article in the Maryland Lawyer’s Rules of Professional Conduct requiring a prosecutor not to bring a charge unless it is supported by probable cause.

    Baltimore Circuit Court Judge Barry Williams, who is presiding over the trials, has acquitted three of the six officers accused of wrongdoing in the arrest and death last year of the 25-year-old black man.

    Judge Williams has cited a lack of evidence in the prosecution’s cases, has asked prosecutors why they brought charges and has scolded them for withholding evidence from defense attorneys.

    Mr. Banzhaf filed the complaint a day after Lt. Brian Rice was acquitted of all charges in [Only registered and activated users can see links. ]’s death. Lt. Rice was the highest-ranking officer during [Only registered and activated users can see links. ]’s arrest and faced charges of reckless endangerment, misconduct in office and involuntary manslaughter.

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    Last edited by Aubrey; 07-20-2016 at 01:01 PM.
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  13. #73
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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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  14. #74
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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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  15. #75
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    Law professor seeks disbarment of Freddie Gray case prosecutors

    Complaint filed against Schatzow, Bledsoe

    UPDATED 2:18 PM EDT Jul 19, 2016

    BALTIMORE —With three acquittals and one hung jury in the four trials of officers charged in connection with the death of Freddie Gray, many are questioning whether the remaining cases should move forward.

    The case of the six Baltimore police officers who were charged was back in the national spotlight Monday night when Milwaukee County Sheriff David Clarke, in his speech at the Republican National Convention, praised the acquittal of Lt. Brian Rice. [Only registered and activated users can see links. ]

    Clarke called the Gray case a “malicious prosecution” on the part of “activist" Baltimore State’s Attorney Marilyn Mosby.

    Also, one day after the acquittal of Rice, a George Washington University Law professor who [Only registered and activated users can see links. ], is now seeking to have the prosecutors who argued the case disbarred.

    Professor John Banzhaf has filed formal complaints with the Maryland Attorney Grievance Commission against Chief Deputy State's Attorney Michael Schatzow and Deputy State's Attorney Janice Bledsoe.

    Banzhaf cites the opinions by Judge Barry Williams in the cases of the three officers acquitted so far, including the Rice case, where Williams ruled that the state had not presented evidence to show criminal liability on the part of Rice.

    [Only registered and activated users can see links. ]

    Rice's acquittal came after a five-day trial, in which prosecutors relied on much of the same evidence and legal theories that were rejected by Williams in the trials of [Only registered and activated users can see links. ] and [Only registered and activated users can see links. ], who were each acquitted of all charges. The [Only registered and activated users can see links. ].

    In all three cases where the officers were acquitted, Williams stressed several points in his decision including:

    - Failing to follow general police orders are not necessarily a crime, especially when that violation happened due to poor judgment rather than due to someone acting in a grossly negligent manner.

    - The state failed to prove when Gray's fatal injuries occurred during his time in the police transport van.

    - Prosecutors could not prove the defendants were aware of the new police policy that required officers to seat belt arrestees and took away discretion to do so.

    Given that, the officers had discretion on whether to seat belt Gray given their concerns over his behavior and the crowd at the time of his arrest.

    Despite consistently ruling for acquittal, Williams has opted to allow the individual officers' cases to move forward, saying that prosecutors offered enough evidence for the indictments to hold up in court.

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  16. #76
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    Internal Affairs investigations underway for three Baltimore police officers in Freddie Gray case

    [Only registered and activated users can see links. ] and [Only registered and activated users can see links. ]Contact ReportersThe Baltimore Sun
    July 23, 2016

    Three Baltimore police officers cleared of criminal charges in Freddie Gray's arrest and death are being investigated by Montgomery County police, who are leading the internal affairs reviews that could determine whether the officers can return to policing city streets.

    Officers from the Washington suburb — with help from Howard County police — are interviewing Baltimore police officers and witnesses and examining city policies to determine whether Lt. Brian Rice and Officers Caesar Goodson Jr. and [Only registered and activated users can see links. ] broke department rules during Gray's arrest and transport.

    Gray, a 25-year-old black man, died a week after suffering severe spinal injuries in the back of a police van in April 2015.

    While it is rare for outside agencies to investigate officers, Baltimore Police Commissioner Kevin Davis said the city asked the other departments a few months ago to lead the internal affairs reviews to assure the public of fairness and objectivity in the high-profile case.

    "I know how important it is to the community to have faith and trust in the internal disciplinary system of the Police Department," Davis said in an interview. "To have a relationship built on trust in the community stems largely — not exclusively, but largely — on the timeliness and thoroughness of our internal investigations."

    As public attention shifts from the courtroom where a Baltimore judge acquitted the three officers that are the subjects of the internal affairs investigations, some have expressed skepticism about the authenticity of the reviews.

    The process, largely shielded from public view, can stretch hundreds of days before it is determined whether officers are exonerated or face reprimands or firings in the wake of misconduct allegations.

    After the acquittals of the three officers, Mayor Stephanie Rawlings-Blake urged the public to "allow the entire process to come to a conclusion." The city has been on edge since Gray's death, which sparked rioting, looting and arson on the day of his funeral. While security has been tightened at the courthouse, protests of the verdicts have been peaceful and have led to few arrests.

    Administrative reviews for the other three officers charged in the Gray case will not begin until after their trials conclude. Even an officer who is convicted would undergo administrative review. The next trial, of Officer Garrett Miller, begins this week.

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  17. #77
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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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    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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    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.

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    Prosecutors drop all remaining charges in Freddie Gray case
    July 27, 2016

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    BALTIMORE (AP) — Prosecutors dropped the remaining charges Wednesday against three Baltimore police officers awaiting trial in the death of Freddie Gray, bringing an end to the case without a conviction.

    Gray was a 25-year-old black man whose neck was broken while he was handcuffed and shackled but left unrestrained in the back of a police van in April 2015. His death added fuel to the growing Black Lives Matter movement, set off massive protests in the city and led to the worst riots the city had seen in decades.

    The decision by prosecutors comes after a judge had already acquitted three of the six officers charged in the case, including the van driver who the state considered the most responsible and another officer who was the highest-ranking of the group.

    A fourth officer had his case heard by a jury, but the panel deadlocked and the judge declared a mistrial.

    On Wednesday, instead of a pretrial hearing for Officer Garrett Miller — who had faced assault, misconduct in office and reckless endangerment charges — Chief Deputy State's Attorney Michael Schatzow told the judge that prosecutors were dropping the charges against Miller and the rest of the officers.

    Prosecutors and defense attorneys quickly left the courtroom without commenting, but both sides planned news conferences later Wednesday.

    After Gray's death, the U.S. Justice Department launched a patterns and practice investigation into allegations of widespread abuse and unlawful arrests by the Baltimore Police Department. The results have not been released.

    Prosecutors had said Gray was illegally arrested after he ran away from a bike patrol officer and the officers failed to buckle Gray into a seat belt or call a medic when he indicated he wanted to go to a hospital.

    State's Attorney Marilyn Mosby wasted little time in announcing charges after Gray's death — one day after receiving the police department's investigation while a tense city was still under curfew — and she 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.

    The city's troubles forced Mayor Stephanie Rawlings-Blake to fire her reform-minded police chief and abandon her re-election campaign. Homicides skyrocketed at a rate unseen in decades.

    Many feared that the acquittals could prompt more protests and unrest, but that never panned out.

    The Gray case hasn't fit quite so neatly into the narrative of white authorities imposing unfair justice on minorities.

    Three of the officers charged are white and three are black. The victim, judge, top prosecutor and mayor are African-American. At the time of Gray's death, so was the police chief.

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    Prosecutor in Freddie Gray case: I'm not anti-police

    By Ray Sanchez and Dana Ford, CNN

    Updated 12:23 PM ET, Wed July 27, 2016




    Shortly after being elected last year, Baltimore State's Attorney Marilyn Mosby said prosecutors like her in the troubled city had the "toughest job in America."

    It's not getting any easier.



    After three Baltimore police officers were acquitted in recent months of charges related to last year's high-profile death of Freddie Gray, prosecutors announced Wednesday they were dropping all charges against the three remaining officers facing trial in connection with Gray's death.

    The news was a defeat for Mosby, who had announced the charges against the six officers in May 2015 -- four months after she took the job as the city's top prosecutor. At the time she drew praise from some who admired how swiftly she took on the case, and criticism from others who said there wasn't enough evidence to convict the officers.

    "To the people of Baltimore and demonstrators across America, I heard your call for 'No Justice, No peace,'" she said last year. "Your peace is sincerely needed as I work to deliver justice on behalf of this young man."

    But on Wednesday Mosby said she had no choice but to drop the charges -- ending a 14-month legal saga that strained relations between her office and the city's police department.

    "For those that believe that I'm anti-police, it's simply not the case. I'm anti-police brutality. And I need not remind you that the only loss -- and the greatest loss -- in all of this was that of Freddie Gray's life," Mosby told reporters Wednesday. "My office has never wavered in our commitment to seeking justice on his behalf."




    More @ Link...



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    Freddie Gray case: Charges against three remaining officers dropped

    July 27, 2016 - [Only registered and activated users can see links. ] and [Only registered and activated users can see links. ]

    Prosecutors dropped all remaining charges against three Baltimore police officers accused in the arrest and death of Freddie Gray in a downtown courtroom on Wednesday morning, concluding one of the most high-profile criminal cases in Baltimore history.

    The startling move was an apparent acknowledgment of the unlikelihood of a conviction following the acquittals of three other officers on similar and more serious charges by Circuit Judge Barry G. Williams, who was expected to preside over the remaining trials as well.

    It also means the office of Baltimore State's Attorney Marilyn J. Mosby will secure no convictions in the case after more than a year of dogged fighting, against increasingly heavy odds, to hold someone criminally accountable in Gray's death.

    Officer William Porter's trial ended with a hung jury and a mistrial in December, before Williams acquitted Officers Edward Nero and Caesar Goodson and Lt. Brian Rice at bench trials in May, June, and July, respectively.

    In a hearing Wednesday meant to start the trial of Officer Garrett Miller, Chief Deputy State's Attorney Michael Schatzow told Williams that the state was dropping all charges against Miller, Porter and Sgt. Alicia White.

    Porter had been scheduled to be retried in September, and White had been scheduled to be tried in October.

    "All of our clients are thrilled with what happened today," said Catherine Flynn, Miller's attorney, outside the courthouse.

    The officers still face possible administrative discipline. Internal investigations, with the help of outside police agencies, are underway.

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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."
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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:

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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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    Jul 28 2016, 2:26 pm ET

    Officers in Freddie Gray Case Suing Marilyn Mosby

    by Safia Samee Ali

    Baltimore State's Attorney Marilyn Mosby may have dropped criminal charges against the remaining officers in the Freddie Gray trial, but she remains entrenched in a legal battle in civil court.

    Five of the six officers charged for the death of Gray are suing Mosby, as well as Maj. Samuel Cogen of the Baltimore Sheriff's Office, in civil court for a gamut of causes.

    In several lawsuits filed earlier this year, Officers William Porter, Edward Nero, Garrett Miller, Lt. Brian Rice, and Sgt. Alicia White alleged defamation, false arrest, false imprisonment, and violation of constitutional rights, among others.

    The complaint filed by Porter and White stated that Mosby "made statements for purposes of quelling the riots rather than prosecuting police officers who had committed a crime," and that Mosby "exceeded her authority" and "brought charges against police officers that were wholly unsupported by evidence and probable cause."

    "These officers were humiliated," attorney Michael Glass, who represents Porter and White, he told NBC News. "Our position is that the charges were brought for a reason other than prosecuting criminal conduct. There was a political motivation and the charges were not supported by evidence."

    Cogen is also party to the lawsuits because was credited as investigating the charges prior to Mosby's decision to indict the officers.

    However, in an affidavit unsealed in the course of Rice's civil lawsuit, Cogen claimed he in fact did not conduct the investigation. He said he merely signed off on the investigation completed by the state's attorney's office which ultimately led to the charges filed against the officers.

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    Last edited by Aubrey; 07-29-2016 at 12:48 PM.
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    Veteran prosecutor in Marilyn Mosby's office quits over Freddie Gray case

    August 1, 2016

    A veteran Baltimore prosecutor who objected to continuing the prosecution of a police officer charged in the arrest and death of Freddie Gray quit on Friday, two days after her boss dropped all of the charges in the case.

    Lisa Phelps, a 15-year veteran prosecutor who led the state's attorney's office's training division, was assigned three months ago to try two of the cases against city police officers.

    In recent weeks, she raised concerns over whether the trial of Officer Garrett Miller, which was set begin last week, should go forward, according to sources close to Phelps.

    State's Attorney Marilyn Mosby dropped the charges against Miller, Officer William Porter and Sgt. [Only registered and activated users can see links. ] on the morning of a pre-trial hearing in Miller's case. Three other officers had been acquitted after trials.

    The state's attorney's office declined to comment, citing a policy not to discuss personnel matters. In a memo obtained by The Baltimore Sun, Mosby announced Phelps' departure and praised her "storied" career.

    Phelps also declined to comment. In addition to Miller, she also had been assigned to re-try Porter in September. His first trial ended in a hung jury.

    Mosby said she decided to drop the charges because the judge overseeing the trials was unlikely to convict the officers and attacked police detectives for undermining the case. Previously, prosecutors and defense attorneys had been unable to comment publicly about the cases because of a gag order.

    Mosby said the criminal justice system is in need of reform and that she would pursue state legislation to give prosecutors a say in whether defendants can choose a bench trial.

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    Last edited by Aubrey; 08-01-2016 at 11:56 PM.
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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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    Judge: 3 Mosby defamation lawsuits consolidated

    WMAR Staff - 2:14 PM, Aug 5, 2016

    Three defamation lawsuits filed against State's Attorney Marilyn Mosby by officers charged in the Freddie Gray case have been consolidated in the U.S. District Court.

    Ofc. William Porter and Sgt. Alicia White filed a joint lawsuit in the Baltimore City Circuit Court. Officers Edward Nero and Garrett Miller filed together at the federal level, while Lt. Brian Rice filed alone in federal court.

    A judge said pretrial proceedings, and any trial hearings in the three pending cases, would be consolidated into one.

    Five of the six officers charged in Freddie Gray's death sued Mosby for defamation and other charges stemming from her May 1, 2015 press conference.

    Van driver Officer Caesar Goodson was the only officer who didn't file a lawsuit.

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    Justice Department: Baltimore police regularly violated constitutional rights
    2 hrs ago

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    The U.S. Department of Justice concludes in a study that the Baltimore Police Department routinely violated citizens' constitutional rights and describes the relationship between the community and the police as "broken."

    Investigators started the probe after the April 2015 death of Freddie Gray, an unarmed black man fatally injured while in police custody.

    "After engaging in a thorough investigation, initiated at the request of the City of Baltimore and BPD (Baltimore City Police Department), the Department of Justice concludes that there is reasonable cause to believe that BPD engages in a pattern or practice of conduct that violates the Constitution or federal law," reads the 162-page report released to the public Tuesday night.


    The report said the police department makes unconstitutional searches and arrests, uses excessive force, uses "enforcement strategies that produce severe and unjustified disparities in the rates of stops, searches and arrests of African Americans," and retaliates against people practicing freedom of expression, which is protected by the Constitution.

    The Department of Justice opened an investigation on May 8, 2015, after the death of Gray, 25, who died in a hospital a week after his arrest. His spine was 80% severed after he was held in the back of a police van during a bumpy ride.

    The media relations team of the police department could not be reached Tuesday night. Earlier in the day, before the public release of the study but after news organizations reported that the release was pending, Det. Niki Fennoy said the department had not been made aware of the findings and had no comment.

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