Freddie Gray case trials resume starting with Nero
By [Only registered and activated users can see links. ] • 51 minutes ago - May 9, 2016
After months of delays and action by Maryland’s highest court, trials against six police officers accused in the death of Freddie Gray were to resume Tuesday morning at Courthouse East with pre-trial motions. But the actual trial will be put off for one more day.
Baltimore State’s Attorney Marilyn Mosby asked for a one day delay in the start of Nero’s trial because a power outage in her office over the weekend slowed preparations. Nero’s lawyers said they had no objection.
Once the trial begins, prosecutors are expected to argue that Nero, one of the arresting officers, did not have the authority to chase Gray on April 12, 2015. That made Gray’s arrest illegal and putting him in handcuffs amounted to assault.
But former prosecutor Warren Alperstein says it’s a tall order to prove that theory.
“The Supreme Court has ruled repeatedly that when an individual flees unprovoked from police officers in a high drug trafficking area, the officers are within their legal rights to pursue, apprehend and ultimately frisk that fleeing citizen,” he said.
Nero, who is charged with second degree assault, misconduct in office and reckless endangerment , was on bike patrol around Gilmour Homes in West Baltimore when he made eye contact with Gray and Gray ran. Nero and Officer Garrett Miller chased him, tackled him and found a knife; the probable cause for arrest.
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