State of Maryland vs Edward Nero - Bench Trial - May 12, 2016 *Not Guilty*

[Aubrey]

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.

[Only registered and activated users can see links. ]

[Aubrey]

Judge to hold hearing ahead of trial in Gray case

The Associated Press Published: May 10, 2016, 4:42 am Updated: May 10, 2016, 4:42 am

BALTIMORE (AP) — A Baltimore judge will rule on several motions ahead of the trial for one of the police officers charged in the death of Freddie Gray.

Baltimore Circuit Judge Barry Williams will hold a hearing Tuesday on several crucial motions that will influence the scope of the proceedings for Officer Edward Nero, and could significantly limit what information about Gray’s arrest will be available during the trial, scheduled to begin Wednesday. Prosecutors have asked to push the trial back to Thursday.

[Only registered and activated users can see links. ]

[sunny47]

Updates from motion hearings Edward Nero hearing this morning, hearing begins at 9:30 5/10/2016

Candace Smith ‏ #NeroTrial judge to allow access to trial transcripts day of during officer trials. Bench conference transcr…


Robert Lang ‏

Regarding media issues,judge allowing reporters to watch as judge inspects van in case; also access to transcripts once proceedings are done


Mike Schuh

Prosecution will get Thurs/Fri in #NeroTrial , Defense Mon/Tues


P. Kenneth Burns

Limited medical evidence will be presented at trial. #NeroTrial Prosecutors and Defense expected to take two or three days each #NeroTrial

Robert Lang

Judge Williams will allow video of #FreddieGray arrest to be shown, but audio msut be mutued, so judge won't hear Gray's screams #NeroTrial



Ron Snyder

State says it will likely need Thurs, Fri and possibly Monday to present case in #NeroTrial.



Mike Hellgren

Prosecution can mention "excessive force"

Brian Kuebler

Judge Williams ran through a bunch of pre trial motions in #NeroTrial - denied dismissal of reckless endangerment and 2nd deg assault charge

P. Kenneth Burns ‏

State's request to delay the start of the trial for a day; granted




Mike Hellgren

Judge: "I'm certainly not going to be swayed by emotions" ruled thus can be a bench trial



Mike Hellgren

Judge will not dismiss reckless endangerment or assault charges

Justin Fenton 8m8 minutes ago

Officer Edward Nero has formally opted for a bench trial, which will begin Thursday





[Only registered and activated users can see links. ]

[Bourbon]

I'm somewhat surprised the officer decided on a bench trial considering this judge's prior rulings.

[sunny47]

Robert Lang ‏

#NeroTrial will begin Thursday morning at 9:30 in Courthouse East

[sunny47]

Updates from the courthouse where Edward Nero is on trial in the Freddie Gray Case May 12,2016.


What to expect in #NeroTrial: State will give opening statement. Defense may waive opening for now. Burden of proof on State #FreddieGray



Trey Yingst

No phones allowed inside the courtroom. Will be taking notes and tweeting when able to get back to the media room #NeroTrial



Mariam Khan

#NeroTrial will focus on whether he illegally helped arrest #FreddieGray and if he was reckless when placing Gray in police van w/ no belt

Mariam Khan

William Porter and Garrett Miller, both officers charged in #FreddieGray case, could be compelled to testify (w/ immunity) during #NeroTrial


Laura Coates ‏

#NeroTrial Bench trial begins today for officer involved in initial arrest of #FreddieGray! Opening statements 9:30!

[sunny47]

Mike Hellgren
Prosecution: Nero did not follow training, mandatory procedures which any reasonable officer would do #NeroTrial #FreddieGray @cbsbaltimore

Sheryl Wood ‏

Defense in #NeroTrial says no reckless endangerment bec once custody transferred arrest van driver's duty to seatbelt


Mike Hellgren

Defense contends arrest was lawful, Gray was too combative & posed safety risk to seat belt #NeroTrial #FreddieGray @cbsbaltimore

Brian Kuebler

Nero defense also say...Ofc never touched #FreddieGray during arrest. Only helped him up when Gray asked for his inhaler. Nero fmr EMT

Trey Yingst ‏

The main argument of the defense seems to be that Officer Nero was following orders when the foot chase began with #FreddieGray


Ron Snyder·

#NeroTrial prosecutor described #FreddieGray injury as "diving injury"

Ron Snyder

#NeroTrial prosecutor: not restraining #FreddieGray put him in risky and dangerous position




Mike Hellgren

Defense: Nero only touched Gray when he helped him get up to find his inhaler; did not cuff #NeroTrial #FreddieGray


Brian Kuebler

State's case boils down to #FreddieGray was arrested...not detained. Once in cuffs, he was no longer detained by law.


Mariam Kha

Opening statements just wrapped in #NeroTrial. Defense says Nero acted reasonably throughout #FreddieGray arrest



Mike Hellgren

Prosecution opening: Officer Nero needlessly risked Gray's life #NeroTrial #FreddieGray

[Only registered and activated users can see links. ]

[sunny47]

Updates on the Balitmore 6 trial of Edward Nero Day 2~ 5/13/2016

Mike Hellgren

States Atty Marilyn Mosby again sitting in front row this morning behind her prosecution team




Mike Hellgren

1st witness listed is Brandon Ross, friend of #FreddieGray with him on day of arrest. Also testified in Porter


Mike Hellgren

Cell phone arrest video should be introduced this morning @cbsbaltimore #FreddieGray #NeroTrial



Mike Hellgren

#NeroTrial Day 2 begins 9:30a. Will Offcrs Porter or Miller testify today?

[Laura]

thanks for all the updates sunny47! i don't really follow trials but i always know you will have all the information handy when we want to know what's going on.

[sunny47]

thanks for all the updates sunny47! i don't really follow trials but i always know you will have all the information handy when we want to know what's going on.

Your welcome Dear Laura!! Yes this won't be along trial they said maybe a week to 10 days for both trials since it's a bench trial much shorter~no jury!! There are more trials to come since there are 6 defendants involved each one will be tried separately this is #2 Edward Nero~~ #1~~Officer William Porter, ended in a hung jury. Several other officers will face trial on charges including manslaughter and murder.

[Laura]

Your welcome Dear Laura!! Yes this won't be along trial they said maybe a week to 10 days for both trials since it's a bench trial much shorter~no jury!! There are more trials to come since there are 6 defendants involved each one will be tried separately this is #2 Edward Nero~~ #1~~Officer William Porter, ended in a hung jury. Several other officers will face trial on charges including manslaughter and murder.

do you think the manslaughter and murder charges will stick?

[sunny47]

do you think the manslaughter and murder charges will stick?

No I doubt they will stick in this case they over charged too much. I know there are protestors in front of courthouse everyday. Highly volatile case!!

[Laura]

No I doubt they will stick in this case they over charged too much. I know there are protestors in front of courthouse everyday. Highly volatile case!!

well i'm not naive enough to know that there are some bad cops out there but i thought there was over-reach in these charges as well.

[sunny47]

Mike Hellgren

Ross initially told investigators he thought #FreddieGray had been tased

Val Burton

Ross says Nero picked #FreddieGray up by waist & put him in police... [Only registered and activated users can see links. ]

Ron Snyder

#NeroTrial defense asked Ross about claims he made to investigators that #FreddieGray was tased. Ross: I said it sounded like a Taser


Ron Snyder

Ross was led away in handcuffs after testifying in #NeroTrial #FreddieGray

Mike Hellgren

Ross says he used fake name when calling 911 after #FreddieGray arrest b/c he was afraid police would harass him

Carla

Brandon Ross was just placed under arrest after testifying at #NeroTrial
He was with #FreddieGray and recorded the Pigs throwing him in van




Ron Snyder

Ross said #FreddieGray began to run after that and he saw @BaltimorePolice on bike not long after that #NeroTrial

Brian Kuebler

2nd vid shows reloading #FreddieGray into van at stop 2. Ross testified to Nero hold Gray's feet to load him in on stomach


Ron Snyder

Ross and another man was with #FreddieGray on day Gray was arrested #NeroTrial

[sunny47]

UPDATES ON ED NERO TRIAL IN Baltimore 6 case~ DAY 2


Candace Smith

RT: wbaltv11: RT SnyderWBALTV: Court is in recess for lunch. #NeroTrial to resume at 2 pm [Only registered and activated users can see links. ]



Ron Snyder

Boyd spent most of his morning testimony simply Identifying roads where #FreddieGray arrest took place and officers at scene #NeroTrial


Ron Snyder

Boyd testified in #NeroTrial they were able to identify officer associates with #FreddieGray case including Nero and other defendants


Paul McGrew
‏@McGrewFox45
Boyd was in Force Investigation Team. He was part of task force working on Gray case.




Justin George Verified account 
‏@justingeorge
Baltimore Officer Nero's attorneys seek to minimize his role in #FreddieGray's arrest


Mike Hellgren

On the stand now, Det Michael Boyd, who was part of team investigating #FreddieGray death #NeroTrial @cbsbaltimore


Mike Hellgren
Ross said he was so alarmed by #FreddieGray screaming when getting arrested, he called 911 to report "an assault"

Mike Hellgren
Det Boyd identified 7 officers; only 1, Novak, was never charged @cbsbaltimore #FreddieGray #NeroTrial

[sunny47]

Updates on Nero Trial in Baltimore 6 case

Candace Smith

RT: wbaltv11: RT SnyderWBALTV: Franklin said he believes Nero was part of joint arrest with Miller of #FreddieGray because he played an act…




Christian Schaffer

On the stand right now at Nero's trial is Neill Franklin, executive director of Law Enforcement Against Prohibition #freddiegray




WJZ | CBS Baltimore

#BREAKING: Officer Nero admitted in recorded statement #FreddieGray not seat belted in police van.




Mike Hellgren

Officer Nero--a trained EMT--did not believe #FreddieGray was in medical distress @cbsbaltimore #NeroTrial



Brian Kuebler

In van at first stop Nero said #FreddieGray was alert, responsible and yelling. Was banging around in van.


Mike Hellgren

Nero in own words: Prosecutirs play recorded intvu w Officer Nero in court, where he describes what happened to #FreddieGray @cbsbaltimore



anne hillebrand ‏

Trial for Officer #EdwardNero continues with testimony of #FreddieGray's friend, Brandon Ross [Only registered and activated users can see links. ]



Ron Snyder

Colbert: Prosecution doesn't need to prove injury to prove assault. They just need to prove unconsented touching

Mike Hellgren ‏

Det Boyd identified 7 officers; only 1, Novak, was never charged

[sunny47]

Kevin Rector

@RectorSun

Nero trial wrapped for the day. Back 9:30 a.m. Monday. 3 witnesses today; still no Miller or Porter.

[Aubrey]

A fellow officer or two could be called in Nero trial

By [Only registered and activated users can see links. ] -May 15, 2016

Prosecutors could call one, or even two, of police Officer Edward Nero’s colleagues to testify against him today as his trial on charges in the Freddie Gray case goes into a third day.

Nero is charged with second degree assault, reckless endangerment and misconduct in office for his role in the arrest and death of Gray from a broken neck suffered in the back of a police wagon. Gray was arrested on April 12, 2015 and died a week later from his injuries.

[Only registered and activated users can see links. ]

[Aubrey]

Freddie Gray case: Officer Miller takes stand as Officer Nero trial continues

May 16, 2016

Trial of Officer Nero, one of six Baltimore officers charged in Freddie Gray case, resumes Monday.

Baltimore Police Officer [Only registered and activated users can see links. ] took the stand Monday as a prosecution witness at the trial of co-defendant Officer [Only registered and activated users can see links. ], testifying that he handcuffed [Only registered and activated users can see links. ] after a chase and saw Nero help load Gray into an arrest van.

The testimony is believed to be the first time in Maryland that a criminal defendant has been compelled to testify against a co-defendant. Miller is also facing charges for Gray's arrest, with his trial scheduled for July, and he was granted immunity that prevents his statements or anything derived from them from being used at his trial.

Miller and Nero were on bicycle patrol in the area of Gilmor Homes on April 12, 2015 when a supervisor called out a foot chase, and Miller testified that he never sought to clarify the purpose for it. Prosecutors said in opening statements that by not seeking to determine the reason for the pursuit, Nero exceeded his legal authority to detain Gray and committed an assault.

[Only registered and activated users can see links. ]

[sunny47]

Prosecution rests in Officer Edward Nero trial

Officer Garrett Miller testifies in Nero trial

UPDATED 6:23 PM EDT May 16, 2016
[Only registered and activated users can see links. ]

Nero is the second of six officers to go on trial in the Freddie Gray case. Officer William Porter went on trial late last year.

Nero requested a bench trial instead of a jury trial. Nero, Officer Garrett Miller and Lt. Brian Rice were the officers on bicycle patrol who were involved in the initial arrest of Gray on April 12, 2015. Gray died a week later, and anger over his death helped spark last year's riots.

Earlier Monday, prosecutors called Miller to the stand, but courtroom observers believe the witness may have helped the defense.

"I think Officer Miller did a lot more to help the defense than he did to help the state," said Warren Alperstein, a legal expert.

Nero and Miller, both members of the Baltimore Police Department since 2012, are charged with second-degree assault, misconduct in office and reckless endangerment. All the charges are misdemeanors.

Miller testified that he and Nero responded to a foot chase for Gray after a radio call by Rice. Asked by the prosecutor whether he or Nero asked Rice why he chased Gray, Miller said no

More @ Link...

[sunny47]

Justin Fenton
✔ ‎‎@justin_fenton

Today defense may call a former key member of @MarilynMosbyEsq's team who sent memo abt enforcement in Gilmor Homes



Brian Kuebler

#NeroTrial day 4. Defense continues case today...only got one witness in yesterday. Judge Williams predicted this case could wrap tomorrow


Brendan McNamara ‏

#NeroTrial enters Day 4. Will defense wrap its case? Judge predicted trial would be over by tomorrow. #GMM2 @ABC2NEWS

Justin Fenton

Yesterday the state rested its #NeroTrial case, after compelling another officer to the stand who backed his account

[sunny47]

Robert Lang ‏@Reporterroblang · 4m4 minutes ago

#NeroTrial Stephens says police stop someone "when there's suspicion of a crime a bout to be committed.

Saliqa  ‏@saliqaWBAL · 6m6 minutes ago

During state cross of Himes: He said the bike patrol operations course was changed to mountain bike training around 2011-2012

Robert Lang ‏@Reporterroblang · 3m3 minutes ago

#NeroTrial Asked if he was familiar with order requiring seat belting in vans, Jackson said yes.




WBAL Baltimore news 3m3 minutes ago

RT @Reporterroblang #NeroTrial Over objections from prosecution, he could not answer questions on recoveirng email on seat belt policy

Robert Lang ‏@Reporterroblang · 4m4 minutes ago

#NeroTrial Jackson under cross-exam said he vaguely recalls seeing Gray in shackles


Brian Kuebler · 2m2 minutes ago

Nxt up was Ofc Aaron Jackson who was @ stops 1, 2. Testified he heard yelling coming from van @ stop2 + van "violently" shaking #NeroTrial

Saliqa 3m3 minutes ago

Hines testified radio use for bike officers takes into account points of contact on bike, stabilizing, using 1 hand for radio



Mike Hellgren · 4m4 minutes ago

Next defense witness is Sgt Robert Hines, who trained bike officers & how to place suspects in vehicles @cbsbaltimore #NeroTrial

[sunny47]

Candace Smith ‏@candacesmith191 · 5m5 minutes ago

RT: wbaltv11: RT saliqaWBAL: Court is in recess until 2 pm #NeroTrial... Updates to follow this tweet

Saliqa  ‏@saliqaWBAL · 5m5 minutes ago

Jackson testifies that he gave his first interview/statement about 4/12/15 on 4/24/15

Saliqa Verified account  ‏@saliqaWBAL · 1m1 minute ago

State did not cross examine Stephens, wrapping up questioning for the time being. Court was set in recess until 2 p.m




Robert Lang ‏@Reporterroblang · 6m6 minutes ago

#NeroTrial We do not know if Defense will present more witnesses after lunch. Defense could wrap up today.


Saliqa  ‏@saliqaWBAL · 3m3 minutes ago

Jackson says he received a call from Lt. Rice for foot chase at Presbury and Mount streets where he initiated crowd control

Candace Smith ‏@candacesmith191 · 5m5 minutes ago

RT: wbaltv11: RT saliqaWBAL: Himes says he was behind change to course training #NeroTrial

[sunny47]

Saliqa Verified account  ‏@saliqaWBAL · 3m3 minutes ago

UMD law school professor Doug Colbert says he believes defense may call 1 more witness today & closing arguments could begin Wed

[sunny47]

The Latest: Nero Defense Could Wrap Up Today
Tuesday, May 17, 2016
[Only registered and activated users can see links. ]

1:05 p.m.

The third defense witness of the day was Officer Edward Nero’s Sgt. Warren Stephens, who says Nero considers him a mentor.

Stephens testified Nero was trained like any other officer to chase and detain a suspect if there is, " a reasonable suspicion a crime is going to be committed or a threat to public safety."

Stephens also said that general orders like the one requiring police officers to put someone in a police van in a seat belt are read at roll call which he often leads in the Western District.

When asked by defense attorneys if that specific order was read at a roll call, the prosecution objected, and the judge sustained the objection, because the question was not specific enough.

Stephens left the stand at around 11:140 a.m., and after a 10 minute bench conference with attorneys, Judge Barry Williams recessed proceedings until 2 p.m.

The defense has not rested its case, but many observers are expecting that to happen before the end of the day, with any rebuttal witnesses, and closing statements and a possible verdict coming tomorrow

11:24 a.m.

Two witnesses have testified for the defense thus far Tuesday.

The first was Baltimore police Sgt. Robert Himes, who trained Nero in bike patrol procedures. He said part of that training is "scene security," eliminating potential threats at scenes. He said bike officers are trained in loading suspects into cars, but not vans. On cross-examination, he said a bike officer has limited ability to use a police radio while riding.

The second witness was Officer Aaron Jackson, a patrol officer in Western District.


#NeroTrial Sgt. Jackson said he saw van shaking, but did not see anyone inside, also did not see Gray being placed back in van.
— Robert Lang (@Reporterroblang) May 17, 2016


7:25 a.m.

The trial of Officer Edward Nero, one of the six police officers charged in the death of Freddie Gray, resumes this morning with more defense testimony.

The defense began its case late yesterday afternoon, after the prosecution rested its case, and Judge Barry Williams denied a defense motion to dismiss the four charges against Nero.

Nero is charged with assault, reckless endangerment and two counts of misconduct in office in connection with the April, 2015 death of Freddie Gray, which occurred one week after he was arrested and loaded into a police van.

Nero's attorneys have argued that Gray's arrest was legal, and that Nero had minimal physical contact with Gray, and was not responsible for putting a seat belt on Gray, even though he helped load Gray into the police van.

More @ Link

[sunny47]

P. Kenneth Burns
‏@PKBNews
Asst. Atty. Gen. Michelle Martin is on the stand; she did training on the law while with Baltimore State's Atty. office #NeroTrial


Paul McGrew ‏@McGrewFox45 ·  Baltimore, MD


Sgt. Charles Sullivan, BPD, next defense witness in Nero trial.#NeroTrial

Brian Kuebler

So Nero defense continues down this path that Nero wasn't properly trained or informed in prisoner transport


Brian Kuebler  ‏@BrianfromABC2 ·

Sgt Sullivan also said Nero's field training was cut short which may be why he wasn't told 2 complete tasks, but don't know why

[Aubrey]

Officer Edward Nero trial: Day 4 recap

What happened on day 4?

» Baltimore Police Officer [Only registered and activated users can see links. ]'s trial in the arrest of [Only registered and activated users can see links. ] continued Tuesday morning with three officers being called to the witness stand by the defense.

» Tuesday's proceedings concluded at about 3:30 p.m.

» Circuit Judge [Only registered and activated users can see links. ] said defense was prepared to conclude its case on Wednesday morning, but that closing arguments from both sides would not occur until Thursday morning.

» Williams did not say when he would issue a verdict in the case.

What is Officer Nero's case about?

Nero is not charged in Gray's death, but is accused of putting him into a dangerous situation. He is charged with second-degree assault and misconduct related to Gray's arrest, and reckless endangerment and a second count of misconduct stemming from the way Gray was loaded into the van.

[Only registered and activated users can see links. ]

[sunny47]

Mike Hellgren  ‏@HellgrenWJZ · 3h3 hours ago

It's likely we will have a verdict Thursday following closing arguments @cbsbaltimore #NeroTrial #FreddieGray

The Real News ‏

Breaking: Closing Arguments in #NeroTrial scheduled for Thursday #FreddieGray

Jaisal Noor ‏@jaisalnoor · 3h3 hours ago

#NeroTrial defense used a former State’s Attorney to undermine State's case that #FreddieGray's stop was unlawful

[sunny47]

Mike Hellgren  ‏@HellgrenWJZ

Reynolds testified in Porter that general orders are "guidelines" @cbsbaltimore #NeroTrial #FreddieGray


Mike Hellgren  ‏@HellgrenWJZ

Capt Justin Reynolds with BPD is on stand now; he also testified for Porter @cbsbaltimore #FreddieGray #NeroTrial



Mike Hellgren ‏@HellgrenWJZ · 2m2 minutes ago

First witness today is Officer Zachary Novak; was on scene during parts of #FreddieGray arrest @cbsbaltimore #NeroTrial

Mike Hellgren ‏@HellgrenWJZ

Officer Novak said he saw #FreddieGray shaking the van, banging against van and yelling


Kevin Rector

Defense, prosecution in Nero trial agree to stipulation that area of #FreddieGray arrest IS a high-crime area. That's factor for chase (1/2)


Juliet Linderman ‏@JulietLinderman

Testimony will wrap up today in the trial for Edward Nero, an officer charged in the death of #FreddieGray



Larry Collins ‏@LarryCFOX45  Baltimore, MD

Edward Nero's attorneys likely to rest today. Witnesses testified officers not completely trained. #FreddieGray Case

[sunny47]

Justin Fenton

The stipulation means defense won't be calling former top Mosby official who directed police to step up enforcement there.. #NeroTrial


Justin Fenton

@justin_fenton

Parties agree to stipulate that area around Gilmor Homes is a "high-crime area," one of the elements permitting officers to chase, detain


Mike Hellgren ‏@HellgrenWJZ

Novak also testified about training St Attys Office gave him and Nero about when it's proper to detain suspects @cbsbaltimore #NeroTrial