Posted on 05/02/2015 7:56:06 PM PDT by SeekAndFind
We’ve now had the better part of a day to absorb all the information coming out of the rather stunning announcement from Baltimore City State’s Attorney Marilyn Mosby, which Ed covered yesterday. After she leveled very serious charges against six police officers related to the death of Freddie Gray, Mosby was immediately being hailed as a hero by the usual sources on the left. But now that I’ve had some time to go over the charges and what’s been revealed of the case thus far, it seems very likely that Ms. Mosby, barely three months into her first elected office, has grabbed a tiger by the tail.
To be clear, as I wrote earlier this week, it’s certainly possible there is sufficient evidence of wrongdoing in this case to merit charges against one or more police officers, but we won’t know that until all the evidence is presented as the state prepares to go to trial. But from what we have managed to learn thus far, some of the charges Mosby has delivered look like a dramatic overreach. In particular, tagging Caesar R. Goodson, Jr with second degree depraved heart murder will be a serious stretch, considering the need to prove intent (on top of everything else) against someone who was walled off in the driver compartment of the vehicle and unable to reach – or for the most part even see – Freddie Gray. As things stand, involuntary manslaughter might be the best the state could hope for.
But even if we are to accept that the state’s investigation has revealed sufficient evidence for such charges, the handling of this case by Mosby thus far is only handing ammunition to the defense. I was particularly struck by the tone and wording of Mosby’s speech, which veered far from any pretext of the rule of law and well into social justice territory regarding law enforcement officials who have yet to have their day in court.
“To the people of Baltimore and demonstrators across America, I heard your call for ‘No Justice, No peace,'” she said. “Your peace is sincerely needed as I work to deliver justice on behalf of this young man.”
This should be alarming to anyone in the justice system. Cries in the streets of “No Justice No Peace” are certainly protected, First Amendment speech, but they are also a strongly implied threat of lawlessness which stands apart from whatever perceived injustice is being protested. To have the State’s Attorney echo that on the steps of the courthouse was off-putting to say the least. What’s more, it was a very direct signal that the crowds threatening the state with “no peace” had secured a victory by having Mosby stand up in public and declare that she would “deliver justice” for Freddie Gray long before there has been a trial, to say nothing of a conviction of officers who are innocent until proven guilty. How does one promise what justice will look like before a determination has been made?
Beyond the speech, Mosby has other problems which the defense is already jumping on. Gene Ryan, president of Fraternal Order of Police Lodge 3, has already called on Mosby to recuse herself for a variety of reasons.
Ryan requests that Mosby appoint a “Special Independent Prosecutor.”
“I have very deep concerns about the many conflicts of interest presented by your office conducting an investigation in this case,” the letter states.
“These conflicts include your personal and professional relations with Gray family attorney, William Murphy, and the lead prosecutor’s connections with members of the local media,” the letter states. “Based on several nationally televised interviews, these reporters are likely to be witnesses in any potential litigation regarding this incident.”
Being so young and so new to the job should not preclude Mosby from tackling this case, though normally you’d want a more experienced hand on the tiller for such a nationally inflamed procedure. These are the types of cases which can make (or break) someone’s career. But I have to wonder if she has fully weighed the optics of handling this case when she has close ties to the Gray family attorney while also being married to a legislator representing the district where the riots happened. (Someone with an obvious interest in trying to appease the masses in the streets and prevent more violence.) Those relationships, combine with an attitude which seems to indicate that she has convicted the officers in her mind before they’ve said a word in their defense, will throw all sorts of shadows on her handling of the case as we move forward.
As a side note on the legal wrangling to come, don’t be surprised if the defense for the officers opts to waive their right to a trial by jury and go for a bench trial. Finding a jury from those zip codes who wouldn’t convict all of the cops on the most serious charges – even if the evidence totally failed to support it – might be a serious chore. But an experienced judge should, in theory, be able to turn a more neutral eye on the evidence.
It’s too early to tell, but my initial reaction is that we’re seeing an ambitious but inexperienced prosecutor who was facing the possibility of not only more violence in the streets of Baltimore, but losing her credibility and popularity with the minority voters of the city. These factors may have clouded her judgement and led her to a serious overreach in an attempt to assuage the feelings of the protesters in the streets while potentially endangering her case.
Marilyn Mosby has no experience as an attorney yet she gets hired. This is her first “Murder” case.
I applied with numerous jobs even if they say they want experience even for menial jobs and I don’t get hired.
What’s up with that? Let me guess...I don’t have the right connection or my skin color is not right.
Marilyn Harf Mosby.
Leni
“But an experienced judge should, in theory, be able to turn a more neutral eye on the evidence.”
HA! Can you imagine if Zimmerman had that judge decide his case?
Trial has to moved to an outside district. How in the world could we ask locals to consider a possible innocent verdict when we all know what that would mean to them. Death threats, acts of terrorism, etc.
Affirmative action, no doubt.
It would be better if what she did was enough to get this publicity whore disbarred.
There is a picture in the dictionary next to the word arrogance
Bttt
That rioting may happen sooner rather than later. I don’t think the majority of those charges will make it past the initial hearing.
If they don’t get a change of venue and any of these charges stick, that will be a major factor in an appeal.
She has a lot more problems than that. The officers were charged and then arraigned. Which means they were arrested, processed by central booking and had their first appearance in court where they were read the charges and bail was set.
Her first hurdle is going to be the preliminary hearing. She will, at that point, have to prove PROBABLE CAUSE that there is sufficient evidence to justify the charges. The defense has a right to ask for a hearing where they can question the prosecution’s witnesses. This is NOT a trial where the prosecutor has to show quilt beyond a “reasonable doubt”. Just a hearing to show there is probable cause to believe the defendants did what the prosecutor alleges.
In all likelihood, the defense will waive the hearing and consent to a Grand Jury. The prosecutor will then have to present to a Grand Jury, which could hand down an indictment or issue a “no bill” which means the prosecutor didn’t “prove” his case to the Grand Jury. Since she overcharged originally, she may have a tough time getting the indictment on the more serious charges. The Grand Jury may kick the murder and involuntary manslaughter charges because she doesn’t have the evidence.
That would leave her with the misdemeanor charges which the Grand Jury wouldn’t hear. She could proceed with those directly and when the sh$t hits the fan in Baltimore, blame the Grand Jury for not issuing an indictment.
She has a scapegoat.
I think she could have problems getting past the preliminary hearing depending on the Judge.
Most good defense attorneys will waive preliminary as they don’t want to have the prosecutor lay out some of the more damning facts and taint the jury pool.
Should be a very interesting trial.
You forgot to mention her incompetent husband.
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.
She was elected, not hired.
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.
She was elected by gibsmedat.
Thank you for that lengthy and thoughtful response. This will be fun to watch.
The officers are thrown to the lions. The mob exploded in a paroxysm of irrational jubilation. A Che Guevara style kangaroo court will judge the accused policemen - according to mob law, no more innocent until proven guilty . Four of the six accused officers are the ones charged with manslaughter. Of those 4, three are Blacks and one is White. Their heads will be presented to the mobs in a silver plate to placate the rabble of noisy angry thugs.
“The liberal left can be as rigid and destructive as any force in American life.” Dem. senator Daniel Moynihan
Democratic hard left control of Baltimore is the root causes of the riots and racial division in spite that all the power is in the hand of Black democrats for several generations.
Baltimore Mayor, Stephanie Rawlings-Blake, ordered the police: to “stand down” “LET THEM LOOT. IT’ S ONLY PROPERTY”. We saw hell explode after the Black democratic mayor gave the thugs carte blanche to destroy the city. The police weren’t allowed to defend the city. More than 100 officers were injured, some seriously.
Why the Baltimore riots, looting and destruction of their own Black neighborhoods? Did the Blacks doubted for a moment that the Black establishment in control of Baltimore will fail to condemn the officers to the highest penalty allowed by Law?
Facts are irrelevant for Anarchists, Communists, professionals agitators and “community organizers” followers of Marxist Saul Alinsky’s “Rules for Radicals” strategy.
Obama is the most racist and divisive president in our history. Obama does not want unity. He wants to keep the country as polarized and disoriented as possible. Obama has been inflaming racial tension since he took power. According Alinisky’s tactics adopted by Obama, change has to be brought through relentless agitation and “trouble making” of a kind that radically disrupts society as it is.
David Horowitz' excellent recently published pamphlet "Barack Obama's Rules for Revolution: The Alinsky Model" offers keen insights into Alinsky and what it might mean when Alinsky followers are in positions of power. The conclusions he reaches are not pleasant but are borne out by current events, public utterances of the president, his history, and the work of Alinsky himself.
What we are seeing is the most radical President in our country’s history who is unable to govern because governing is not his purpose. The Alinskyite, ever the destroyer of institutions, cannot govern because governments and societies are built upon institutions.
Do Black lives really matter? How many of the parents of Blacks murdered by Blacks received a call of Obama or send his personal representative to the funeral? Did our condolences in chief has ever called the parents of so many Whites killed by Blacks?
As Milwaukee County Sheriff David Clarke said : Obama ‘Quietly Enjoying’ Unrest in Baltimore.
Yes, he also yelled as if in great pain a few times on the way to the wagon. A few officers have come forward claiming to be familiar with Gray, describing him as a showboat that always tries to attract attention to his (many) arrests.
I'm sure you're right about his take down. It's routine for cops to drive a knee into the suspects back, and early med reports indicated no visible damage. This area will no doubt be explored by both sides at trial.
One thing that's interesting from the video. As the cops are dragging Gray to the wagon, he's yelling and limp. They stop a few times and Gray goes silent and puts full weight on both legs at separate times. One of those he's balancing on the bumper of the wagon. Gray's peculiar behavior certainly supports the showboat claim.
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