US prosecutors abandon case against police in Gray's death

[webfact]

Prosecutors abandon case against police in Gray's death
By JULIET LINDERMAN

BALTIMORE (AP) — More than a year after a black man suffered a broken neck in a police van, the effort to hold six officers criminally responsible for his death collapsed Wednesday when the city dropped all charges in the case that tore Baltimore apart and exposed deep fissures between the police, prosecutors and the people.

A day before another trial was to begin, prosecutors dismissed charges against three remaining officers, blaming police for a biased investigation that failed to produce a single conviction in the death of Freddie Gray.

Gray, 25, was fatally injured in April 2015 while he was handcuffed and shackled but left otherwise unrestrained in the back of the van. His death added fuel to the growing Black Lives Matter movement, set off massive protests and led to the city's worst riots in decades.

Prosecutors suffered blow after crippling blow in the courtroom. A judge acquitted three other officers, including the van driver who prosecutors considered the most responsible and another officer who was the highest-ranking of the group. A mistrial was declared for a fourth officer after a jury deadlocked. Authorities had planned to retry him.

The case took shape soon after the rioting, when Democratic State's Attorney Marilyn Mosby confidently announced the charges atop a sweeping staircase across from City Hall. At the time, she said her decision was based not only on the police investigation but an independent investigation conducted by her office.

"To the youth of the city: I will seek justice on your behalf," she said. "This is a moment. This is your moment."

On Wednesday, she was fiery and indignant as she spoke from behind a podium across the street from the public-housing complex where Gray was arrested. She angrily blamed the outcome on an uncooperative police department and a broken criminal justice system.

Mosby outlined what prosecutors have called sabotage, saying officers who were witnesses were also part of the department's investigative team. She said "obvious questions" weren't asked during interrogations. She alleged lead detectives were slow to provide information and failed to execute search warrants for key text messages. She also accused investigators of creating notes after the case was launched to contradict the medical examiner's conclusion that Gray's death was a homicide.

"We've all borne witness to an inherent bias that is a direct result of when police police themselves," Mosby said.

Prosecutors suffered significant setbacks in nearly every trial presented before Circuit Judge Barry Williams. At several points, the judge berated them for failing to turn over evidence to the officers' attorneys.

At the trial for Lt. Brian Rice, the judge sanctioned prosecutors by preventing them from using Rice's training records as evidence. During the trial for Officer Caesar Goodson, the van driver, prosecutors said Goodson had given Gray a "rough ride," deliberately driving erratically to injure the prisoner. After the state failed to present any evidence to support that theory, prosecutors all but abandoned the notion.

After Officer Garrett Miller testified that he alone arrested Gray outside the Gilmor Homes complex, prosecutors changed their theory of assault in Officer Edward Nero's case, arguing that any officer who arrests a suspect without probable cause could be liable for prosecution.

Prosecutors also sought to have the officers testify against each other, even though some of them had not yet been tried. Defense attorneys fought that idea before the Maryland Court of Appeals, where a panel of judges determined that the officers could be compelled to take the stand as long as a hearing was held to ensure a defendant's comments as a witness were excluded from his or her trial.

Earlier this year, five of the officers filed defamation lawsuits against Mosby. As a result, she refused to answer questions Wednesday.

Two outside police departments are investigating the officers' conduct to help determine whether they should face departmental sanctions.

Also pending is a report from the Justice Department, which has been investigating allegations of widespread abuse and unlawful arrests by Baltimore police as a result of Gray's death. The results are expected soon.

Police Commissioner Kevin Davis said in a statement that Mosby's decision was "wise," and he called on residents to direct their emotions "in a constructive way to reduce violence and strengthen citizen partnerships." He rejected Mosby's accusations that officers involved in the investigation were biased.

Gene Ryan, president of Baltimore's police union, called Mosby's comments "outrageous."

"The state's attorney could not accept the evidence," Ryan said. "She had her own agenda."

Prosecutors alleged that the officers were criminally negligent when they defied a written directive to buckle all suspects into a seat belt in the van. Instead, they were accused of placing Gray head-first into the metal compartment on his stomach. The officers' further erred when they chose not to call for a medic after Gray indicated he wanted to go a hospital, according to the prosecution.

The judge ruled that although the officers may have exercised poor judgment, prosecutors failed to prove that the officers tried to hurt Gray. Without establishing intent, he said, the criminal charges were baseless.

Last year, Gray's family received a $6.4 million settlement from the city.

Gray's stepfather, Richard Shipley, stood next to Mosby as she delivered her remarks.

"We're going to continue to be fighters for Freddie," he said. "We are going to see that new legislation is carried out and new laws that will help this community and other communities. We're grateful that he didn't die in vain."

Since Gray's death, Baltimore police have adopted several reforms, including a revised use-of-force policy and a body-camera program that will require all field officers to be equipped while on the streets. Additionally, the General Assembly approved changes to a Law Enforcement Officers Bill Of Rights, the first updates to the document in decades.

The Gray case never fit neatly into the narrative of white authorities imposing unfair justice on minorities. Three of the officers who were charged are white and three are black. The victim, judge, top prosecutor and mayor are all African-American. At the time of Gray's death, so was the police chief.

___

Associated Press writers David Dishneau and Brian Witte contributed to this report.


-- (c) Associated Press 2016-07-28

[Usernames]

Hope the police file charges against and sue Mosby into oblivion.

[Ulysses G.]

This death was a real shame, but probably an accident. The judge made the right ruling.

Edited July 27, 2016 by Ulysses G.

[NovaBlue05]

Hope the police file charges against and sue Mosby into oblivion.

The Mayor should also be indicted for funneling millions in taxpayer owned dollars to the Gray family

http://www.baltimoresun.com/news/maryland/freddie-gray/bs-md-ci-boe-20150908-story.html

Edited July 28, 2016 by NovaBlue05

[craigrosier]

Unfortunately Prosecutors are dependent upon the Police for the investigation, too aggressive and the symbiotic relationship fails. This case was destined to fail from the outset. Interested parties were hoping that just by bringing it to trial it would appease the activists. However, based on the injuries the suspect incurred, even ignoring the fact that the man died, it is more than a little naive to suggest it was an accident. When was the last time a taxi, school bus or an ambulance journey resulted in the cause of death to the occupants, without being in a collision?

Though the vast majority of police deserve massive support & respect for the work they do, there is a severe problem with the behavior of a minority of officers who know that the force will always close ranks to protect them, almost no matter what they do or fail to do in protecting all citizens, perceived guilty or innocent. Until such time as the force admits a problem exists and moves to trim the "rotten apples" the risk of heightened distrust and, worryingly, extreme violence will worsen.

Blindly giving our support and making excuses for these failings, while ignoring the truths before us, just ensure that the issue will, instead of being fixed, cause a decent into lawlessness, ultimately destroying the very values of the society that we wish to protect.

[Ulic]

This death was a real shame, but probably an accident. The judge made the right ruling.

Yes, what a shame. I just cant understand why the prosecutor wasted time and money

on the case. Why waste time on a police investigation either. They said they did nothing

wrong. That should have been good enough.

The idea of police closing ranks to cover up a murder is just Hollywood fiction.

[Nasrullah]

This death was a real shame, but probably an accident. The judge made the right ruling.

Yes, what a shame. I just cant understand why the prosecutor wasted time and money

on the case. Why waste time on a police investigation either. They said they did nothing

wrong. That should have been good enough.

The idea of police closing ranks to cover up a murder is just Hollywood fiction.

cough...cough!..........US police and prosecutors are the same.....

a prosecutor in the US is known as a 'cop who wears a tie'

[ClutchClark]

This death was a real shame, but probably an accident. The judge made the right ruling.

Yes, what a shame. I just cant understand why the prosecutor wasted time and money

on the case. Why waste time on a police investigation either. They said they did nothing

wrong. That should have been good enough.

The idea of police closing ranks to cover up a murder is just Hollywood fiction.

cough...cough!..........US police and prosecutors are the same.....

a prosecutor in the US is known as a 'cop who wears a tie'

Do some research and you will find that law enforcement officers are not above the law and have been found guilty when a crime has been committed.

In this case a crime was not committed.

[Nasrullah]

This death was a real shame, but probably an accident. The judge made the right ruling.

Yes, what a shame. I just cant understand why the prosecutor wasted time and money

on the case. Why waste time on a police investigation either. They said they did nothing

wrong. That should have been good enough.

The idea of police closing ranks to cover up a murder is just Hollywood fiction.

cough...cough!..........US police and prosecutors are the same.....

a prosecutor in the US is known as a 'cop who wears a tie'

Do some research and you will find that law enforcement officers are not above the law and have been found guilty when a crime has been committed.

In this case a crime was not committed.

+1......agree with the highlighted red,,,,,,but all these police killings justified?.....even after the event?

Edited July 28, 2016 by metisdead
2. Please do not modify someone else's post in your quoted reply, either with font or color changes or wording.

[ClutchClark]

Do some research and you will find that law enforcement officers are not above the law and have been found guilty when a crime has been committed.

In this case a crime was not committed.

+1......agree with the highlighted red,,,,,,but all these police killings justified?.....even after the event?

An officer has a duty to protect lives. This includes his own when it is threatened. For some reason it is common for black men to resist arrest and struggle and either reach for their firearm (Baton Rouge) or reach for the officers firearm (Ferguson, MO). If an officer fears for his life then he has the right and obligation to stop the attacker.

In the case of this thread, Gray's toxicology report came back positive for opiates. Another suspect in the van stated that he witnessed Gray intentionally baging his head against the wall of the van. It is unknown what Grays physical condition was prior to his arrest. There was no evidence that the officers committed the crimes they were charged with.

The streets are often a violent and dangerous place full of drugged up crazy people who do not think rationally like you and I. Just take a look at how many people are killed every day in the inner-cities of the US. Some demographics have a very high rate of violence and an example of this would be the three young men who just went on a shooting spree in Ft Meyers and killed two and wounded a dozen more. Some victims were 12 & 14 years of age.

On a few rare occasions a police officer has made a mistake or discharged their firearm in error. In these situations, a full independent investigation takes place and charges can result if warranted. An officer can lose their job and desth threats can be made against the officers family. There have been two recent examples in the news.

To place this in context, there are 800,000 professional law enforcement officers in the US.

How many bad shootings occur annually? A dozen?

When you and I make a mistake at work, what is the outcome?

When a police officer makes a mistake, it has deadly consequences. That is a tremendous responsibility.

Edited July 28, 2016 by ClutchClark

[ClutchClark]

Unfortunately Prosecutors are dependent upon the Police for the investigation, too aggressive and the symbiotic relationship fails. This case was destined to fail from the outset. Interested parties were hoping that just by bringing it to trial it would appease the activists. However, based on the injuries the suspect incurred, even ignoring the fact that the man died, it is more than a little naive to suggest it was an accident. When was the last time a taxi, school bus or an ambulance journey resulted in the cause of death to the occupants, without being in a collision?

there is a severe problem with the behavior of a minority of officers who know that the force will always close ranks to protect them, almost no matter what they do or fail to do in protecting all citizens, perceived guilty or innocent. Until such time as the force admits a problem exists and moves to trim the "rotten apples" the risk of heightened distrust and, worryingly, extreme violence will worsen.

So do you think that these six officers were bad apples and they all colluded to kill Gray ?

Weren't two of the officers African-American?

And you think the reason the prosecutor could not get a conviction is because the police who investigated the incident were intentionally derelict in their duties?

Is that what you are saying? Or did ai misunderstand?

[oxo1947]

And.....what about all those protesters who were wearing T shirts which say 'I can't breathe’;

I find that hard to believe considering the size of their nostrils...........................

[Johpa]

Hope the police file charges against and sue Mosby into oblivion.

That would be as pointless as the original charges she brought against the police.

[ClutchClark]

Hope the police file charges against and sue Mosby into oblivion.

That would be as pointless as the original charges she brought against the police.

Atleast two of the officers have filed a suit against mosby and there is little doubt that she will be losing her job.