How can a pool of grand jurors in Baltimore City be trusted to do the right thing any more than a pool of petit jurors given the demographics? I have always heard said that a reasonably competent prosecutor can get a grand jury to indict a ham sandwich.
Normally the old adage about a ham sandwich is true. But usually that applies to a situation where there is one-on-one crime.
Also, remember the jury pool (grand or petit) is pulled from registered voters. I doubt the “thugs” are either registered or would report for jury duty. Yes, the demographics of the city are predominantly minority, but 3 of the defendants are minority as well.
I’ve found the aura of the Grand Jury room sometimes is the great equalizer. People can (and sometimes do) understand the tremendous responsibility of the Grand Jury and don’t take the process lightly.
I’ve had cases I thought to be a slam dunk returned with a no bill. So while the ham sandwich analogy can be accurate, it doesn’t always happen.
She is dealing with six officers with varying degrees of culpability. She charges the driver of the van with the most serious charge. But did the driver of the vehicle handcuff and place Freddie in the back of the van or was he standing to the side? Although the driver called for assistance and another crew showed up to help place Freddie in leg restraints, what was the driver’s participation in that action?
I think that’s where she runs into trouble. Unless there is unknown independent evidence that the driver’s actions were the direct cause of Freddie’s death, there is reasonable doubt that he didn’t commit the crime.
Did you see the video of Freddie on the ground with the two bicycle officers sitting on him? He’s howling like he’s in great pain. Did the cervical fracture occur then? A good defense attorney will use the State’s “evidence” to punch holes in the State’s case. Unless the ME can show how and WHEN the fatal condition occurred, it could be problematic for the State.
One more thing...what if the injury to Freddie was accidental as a result of the pursuit and apprehension. Didn’t the police call for a medic unit when they got to the precinct and Freddie was unresponsive? If Freddie was transported to a local hospital and the paramedic didn’t apply a collar to his neck prior to transport, couldn’t the paramedic have caused the fatal spinal separation by his actions?
Too many variables in this case.
The prosecutor is hoping someone is going to want to cut a deal and testify against the others. They probably think Freddie was roughed up during one of the stops but really don’t know what happened. That’s why everyone was charged.
At best, she can provide the Grey family with enough evidence for a civil case, but I think she has a long way to go to prove criminality.