You can 'indict a ham a sandwich', Judge Wachtler

[+ dutchmuch]

BALTIMORE — The decision of Baltimore State's Attorney Marilyn J. Mosby to file charges of murder and false imprisonment against police officers in the death of Freddie Gray was both bold and novel, according to legal analysts — but some said they will be challenging to prove in court.

 

"She has overcharged," said criminal defense attorney Steven H. Levin, a former federal prosecutor. As a result, he said, Mosby could lose credibility with a jury, making it more difficult to obtain a conviction on any of the charges.

http://www.rawstory.com/2015/05/legal-experts-question-states-attorney-charges-against-police-in-freddie-gray-death/

 

So the fresh new city attorney has decided to hold a show trial. Maybe that's the best but it strikes me that she reached a decision awfully fast and without even a grand jury. What's worse is that she only kicks the ball down the road without really solving anything. If a jury then finds the officers innocent the riots will continue and may even get uglier.

[bigvalboy]

The problem with a Grand Jury is a lack of transparency. That was the problem in Ferguson. It was secretive. The results were disastrous. At least in this situation and this community, the people need to really see....everything, but they won't of course.

 

We are a long ways from a conviction. What really needs to happen here, never will, because what's really needed is a different narrative, and I just don't believe that is possible, given the current political climate.

[+ dutchmuch]

We are a long ways from a conviction.

 

If there is a conviction, or convictions. What happens if a trickling of the charges star getting dropped starts?

 

Long hot summer in Bal-more.

[bigvalboy]

If there is a conviction, or convictions. What happens if a trickling of the charges star getting dropped?

 

Long hot summer in Bal-more.

 

That's exactly what's going to happen. Remember Simi Valley and the officers in the Rodney King case? It was a long hot summer for LA also.

[Frequentflier]

BALTIMORE — The decision of Baltimore State's Attorney Marilyn J. Mosby to file charges of murder and false imprisonment against police officers in the death of Freddie Gray was both bold and novel, according to legal analysts — but some said they will be challenging to prove in court.

 

"She has overcharged," said criminal defense attorney Steven H. Levin, a former federal prosecutor. As a result, he said, Mosby could lose credibility with a jury, making it more difficult to obtain a conviction on any of the charges.

http://www.rawstory.com/2015/05/legal-experts-question-states-attorney-charges-against-police-in-freddie-gray-death/

 

So the fresh new city attorney has decided to hold a show trial. Maybe that's the best but it strikes me that she reached a decision awfully fast and without even a grand jury. What's worse is that she only kicks the ball down the road without really solving anything. If a jury then finds the officers innocent the riots will continue and may even get uglier.

 

Maybe a ham sandwich but many murderers in uniform that looks like ham sandwiches aren't charged. The murderers that killed Eric Garner weren't charged. So, since you were there during the arrest of Mr. Gray and apparently in the wagon with him until he lost conscious - your "so the fresh new city attorney has decided to hold a show trial" tells me you know everything and the cops, detectives and lawyers that worked with her are apparently fools. Maybe you should run for office as a prosecutor? I assume you have a law degree. And how has she kicked a ball down the road without solving anything? When there is enough evidence, charge the bas**ards and arrest them.

[+ WilliamM]

As someone who lives on a street (21st Street) in Philadelphia that is always on the protesters' route to City Hall, this week has seen the 12th or 13th protest since Ferguson. If Philadelphia is representative of other large U.S. cities, the

protests are under reported -- all relatively peaceful here. I understand that the media concentrates on the main locations, such as Furguson, New Yor City and Baltimore. There's a lot of resentment out there against the police, much more than even I realized.

 

I can not comment on the main topic, the charges, because I am not a lawyer.

 

Just want to say, this will be a very confrontational spring and summer.

[+ quoththeraven]

It's only a show trial if the conclusion is foregone. Star Chamber and the sort of thing the constitution was meant to prohibit. Show trials don't comply with due process. There is no indication that Mosby intends to railroad these defendants. Moreover, if things proceeded as they usually do, the defendants may not have yet had to make statements about their actions beyond what they put in their arrest reports. Union rules often protect police from being interrogated immediately after an incident. Instead, they get to stay home and concoct a story. This is not how any other defendant is treated.

 

The police in Baltimore don't have a great record, and Mosby won the Democratic primary (and was elected without Republican opposition) precisely because she pledged to be evenhanded and prosecute abusive cops.

 

Also, while grand juries will supposedly indict ham sandwiches, I know of a grand jury that refused to indict on a drug possession charge when the drugs weren't in the immediate possession of the accused and might well have belonged to someone else. Not all grand juries roll over and play dead.

[wayout]

Seems that the indictments coming so quickly can interpreted in a variety of ways. one can speculate that it was a short term solution to avoid further immediate risk of violent demonstrations. Or one can speculate that the evidence, which we do not know all the details, was so overwhelming that it was a no-brainer to move forward as quickly as they did. It is surely somewhere in between but who knows where it actually is until things play out in the process.

 

I am not a lawyer, but it is my understanding that it is not unusual to bring as many charges to the greatest degree that the prosecutor feels they have some shot at getting. This is used for pressuring people to turn evidence and/or as room for plea bargains.

[bigvalboy]

Seems that the indictments coming so quickly can interpreted in a variety of ways. one can speculate that it was a short term solution to avoid further immediate risk of violent demonstrations. Or one can speculate that the evidence, which we do not know all the details, was so overwhelming that it was a no-brainer to move forward as quickly as they did. It is surely somewhere in between but who knows where it actually is until things play out in the process.

 

I am not a lawyer, but it is my understanding that it is not unusual to bring as many charges to the greatest degree that the prosecutor feels they have some shot at getting. This is used for pressuring people to turn evidence and/or as room for plea bargains.

 

 

Yes....

[+ sync]

I am not a lawyer, but it is my understanding that it is not unusual to bring as many charges to the greatest degree that the prosecutor feels they have some shot at getting. This is used for pressuring people to turn evidence and/or as room for plea bargains.

 

I have served a lot of jury duty and that is also my understanding. "You have to aim high to hit high."

[gallahadesquire]

Indictment without a Grand Jury? Not such a great idea. Bringing up charge, though? Good idea. Let's get some control here, U.S. of A.

[Kenny]

BALTIMORE — The decision of Baltimore State's Attorney Marilyn J. Mosby to file charges of murder and false imprisonment against police officers in the death of Freddie Gray was both bold and novel, according to legal analysts — but some said they will be challenging to prove in court.

 

"She has overcharged," said criminal defense attorney Steven H. Levin, a former federal prosecutor. As a result, he said, Mosby could lose credibility with a jury, making it more difficult to obtain a conviction on any of the charges.

http://www.rawstory.com/2015/05/legal-experts-question-states-attorney-charges-against-police-in-freddie-gray-death/

 

So the fresh new city attorney has decided to hold a show trial. Maybe that's the best but it strikes me that she reached a decision awfully fast and without even a grand jury. What's worse is that she only kicks the ball down the road without really solving anything. If a jury then finds the officers innocent the riots will continue and may even get uglier.

 

The Medical Examiner ruled Mr. Gray's death a homicide. The police arrest report was shown to have been falsified. Together, that equals probable cause. The State's Attorney was correct to file charges.

[+ dutchmuch]

Baltimore, the gift that keeps on giving...

 

BALTIMORE —A police officer from a neighboring county faces an assault charge after he bit another man's testicles in a fight over a woman on Cinco de Mayo, according to charging documents released by Baltimore police Wednesday.

 

Baltimore City police officers were called to an assault call around 11:47 p.m. Tuesday.

 

According to charging documents, a man told police he was assaulted by two men, one of whom bit his testicles in the alley behind a bar named Looney's Pub.

 

A woman approached the responding officers to tell them she witnessed the fight, according to charging documents. Police said she gave description of the attacker who was wearing a blue and white polo shirt and cargo shorts.

 

She told the police she waited at the front door of nearby Claddaugh Pub for police to arrive as she had seen the attacker walk in there, according charging documents.

 

According to the charging documents, police said Michael Flaig, 31, was found on the second floor of the bar with blood stains on his shirt and appeared inebriated.

 

"Mr. Flaig had blood shot eyes, slurred words and a strong odor of (alcohol) coming from his person," charging documents stated.

 

Flaig identified himself as an Anne Arundel County police officer and after he was identified as one of the attackers, was placed under arrest, according to charging documents.

[+ dutchmuch]

Tick, tick, tick...

(Reuters) - The Baltimore police investigation into the death of a black man from injuries sustained in police custody fails to support some charges filed by the city prosecutor, CNN reported on Thursday.

 

 

 

Citing officials briefed on the separate probes by prosecutor Marilyn Mosby and police into the death of Freddie Gray, the television news network said the lack of support for charges from the police findings could allow lawyers representing the officers to undercut the prosecution.

 

Gray, 25, sustained spinal injuries after being arrested, and his death on April 19 sparked protests and a day of arson and looting in the largely African American city.