Posted on 05/06/2015 1:33:29 PM PDT by jazusamo
Full title: Md. Atty Claims Gray’s Knife Was ‘Lawful,’ But Says Evidence ‘Collected Cannot Ethically Be Disclosed’ to Public
(CNSNews.com) – As questions mount about what type of knife Freddie Gray reportedly was carrying when he was arrested on April 12, Maryland State Attorney for Baltimore City Marilyn Mosby said such “evidence” could not “ethically be disclosed,” although she accused six Baltimore police officers of illegally arresting Gray by claiming the knife in question was “lawful.”
“While the evidence we have obtained through our independent investigation does substantiate the elements of the charges filed, I refuse to litigate this case through the media,” said Mosby in a May 5 press release.
“The evidence we have collected cannot ethically be disclosed, relayed or released to the public before trial,” she said. “As I’ve previously indicated, I strongly condemn anyone in law enforcement with access to trial evidence, who has or continues to leak information prior to the resolution of this case. These unethical disclosures are only damaging our ability to conduct a fair and impartial process for all parties involved.”
Mosby charged all six officers with misconduct in office and second-degree assault after Gray died from a spinal injury while in police custody following his arrest. The officers are William Porter, Garrett Miller, Edward Nero, Caesar Goodson, Lt. Brian Rice, and Sgt. Alicia White.
Miller, Nero and Rice were also charged with false imprisonment.
Porter, Goodson, Rice and White were also charged with manslaughter, and Goodson was charged additionally with second-degree murder.
During a press conference on May 1, Mosby publicly claimed the officers “illegally arrested Mr. Gray” because the knife Gray carried was permissible under the law.
“The knife is not a switchblade and is lawful under Maryland law,” Mosby stated.
“Lt. Rice, Officer Miller and Officer Nero failed to establish probable cause for Mr. Gray’s arrest, as no crime had been committed by Mr. Gray,” she continued. “Accordingly, Lt. Rice, Officer Miller and Officer Nero illegally arrested Mr. Gray.”
Defense Attorney Marc Zayon, who represents accused officer Nero, filed a motion in Baltimore City District Court on Monday, May 4, requesting that Mosby allow the defense to inspect the knife to ensure her claim that it was in fact legal.
Mosby’s May 5 press release made it clear she would not release any evidence, claiming that it could not “ethically be disclosed.”
Freddie Gray’s arrest report, filled out by Miller, claimed that Gray had violated Statute 19.59.22 of the Baltimore City Code, which states: “It shall be unlawful for any person to sell, carry, or possess any knife with an automatic spring or other device for opening and/or closing the blade, commonly known as a switch-blade knife.”
Sec. 4-105 of Maryland’s Criminal Code defines a switchblade as “a knife or a penknife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, commonly called a switchblade knife or a switchblade penknife.”
In the report, Miller stated he personally recovered the knife from Gray and inspected it, determining that it was a “spring assisted, one hand operated knife.”
CNSNews.com reached out to Zayon on Wednesday, May 6 for comment as to whether Mosby’s office had yet responded to his request to inspect the knife. As of this writing, Zayon had not responded to emails or calls.
To introduce any physical evidence the prosecution has to establish a chain of custody and most objects are marked in some way. So, to switch knives, one or more cops would have to commit perjury.
Any takers?
I am not a lawyer and I have no specific information on the facts of this case. However, it appears that the prosecutor may have been caught trying to be too cute by half. Notice that she said the knife was legal "under Maryland law". That may very well be true. But the arresting office noted that the knife was illegal under a BALTIMORE ordinance, and it was for that violation that Gray was being arrested. So what the prosecutor said may have been technically correct, it was also immaterial to the specifics of this case, and certainly could not form the basis of any of the charges against the police officers.
From what we've seen and heard so far, I'd be surprised if the evidence didn't include a can opener and cub scout badge.
“In the report, Miller stated he personally recovered the knife from Gray and inspected it, determining that it was a “spring assisted, one hand operated knife.””
What he is describing is not a switch blade, it’s a spring assisted knife. They aren’t the same thing, though cops often try to conflate them to justify an arrest, even if it won’t hold up in court.
Yep, that is a legal knife from the way the officer who recovered it described it.
Just call this a hunch, but I’m rather certain Maryland State Attorney for Baltimore City Marilyn Mosby realizes all evidence obtained by either side will be disclosed to the legal team for the other side.
Thus making any evidence public carries no wait whatsoever.
Come on Mosby, act like you have at least ten brain cells still functioning.
OJ not available for comment.
I’m concerned that: having been deemed legal, the knife is officially irrelevant to the case and (its owner being deceased) it has been disposed of on the grounds that a chain of custody is unnecessary for something which has no legal bearing on an incident. Now it _cannot_ be produced.
Just a theory...but until the alleged at-issue knife and its chain of custody records are made public, we’ve got grounds to suspect a conspiracy. No knife = no actionable evidence of lawbreaking = grounds to riot.
You make a very good point and both are listed at the end of the article. Mosby made a big deal out saying it was an illegal arrest because of that and like you say, it’s immaterial to the case in my view also.
My understanding is, “spring assisted” knives are illegal in Baltimore. City ordnance.
Manufacturer, Model, serial number if applicable will tell the tale...............
Therein lies the problem, so far she's acted like she doesn't have them. :)
this case implodes, Baltimore likely explodes
It may not only be B-More. The silver lining of this cloud is that it is opening lots of silly naïve eyes that somehow thought that in electing a halfrican he would have a rational calming effect on places like Baltimore. Now more than ever they get to see “these” people for what they really are and what they really want and neither are very good.
Except that the arresting officer himself described the knife as a “spring assisted, one hand operated knife” in his report. That makes it pretty clear that the knife is/was not a "switchblade".
Spring assisted is the key phrase.
Spring assisted knives are legal under both Maryland law and Baltimore City Code.
That is not correct.
Agreed...
“”These unethical disclosures are only damaging our ability to conduct a fair and impartial process for all parties involved,” she said.”
What she REALLY means:
“Disclosures that show we’re lying about the ‘evidence’ will damage our ability to hold a Kangaroo trial in our Star Chamber.”
“A ‘spring assisted’ opening knife is NOT a switchblade.”
But it is illegal under Baltimore codes according to several reports here on Free Republic. This prosecutor is way, way in over her head.
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