MD - Freddie Gray dies in police custody #3 *INDICTMENT*

[ohreally]

Attorneys for Sgt. Alicia White say their client only interacted with Freddie Gray for a few seconds. They say that’s not enough for the charges against her.
snip
She was in the wrong place at the wrong time and had nothing to do with this,” said her attorney, Tony Garcia.
snip
Garcia says state’s attorney Marilyn Mosby put speed in front of justice in filing the charges. While the FOP has called for Mosby to recuse herself, Garcia says he’d prefer to face her in court.

“When the music stops, I want her to be in the courtroom. Right here. Face the accuser,” he said.

http://baltimore.cbslocal.com/2015/...fficer-charged-in-freddie-grays-death-unjust/

The first paragraph in the link reads: Grand jury indictments against the six officers accused in the death of Freddie Gray could come down any day.
Also the defense lawyers and asking for any grand jury preceding's to be transcribed, from a previous link.
Is this case in front of a grand jury at this time?

 

[MissSunshine]

The first paragraph in the link reads: Grand jury indictments against the six officers accused in the death of Freddie Gray could come down any day.
Also the defense lawyers and asking for any grand jury preceding's to be transcribed, from a previous link.
Is this case in front of a grand jury at this time?

This is what I found about GJ


Defense attorneys for the officers charged in the*Freddie Gray*case anticipate their clients will be indicted by a grand jury in the next two weeks.

snip

That makes a Baltimore grand-jury indictment more of a procedural step to move a case filed in District Court to the Circuit Court, where more serious criminal cases are heard. The indictment typically occurs before the preliminary hearing for the District Court case, which for the officers is set for May 27.

snip

Legal experts have said Baltimore prosecutors could use the grand-jury process to amend the pending charges, if they believe changes are necessary. The defense has argued that Mosby erred when she said officers made an illegal arrest of Gray for having a knife, contending the knife was not allowed under the city code.

If investigators from the case or witnesses testify before the grand jury, their testimony can be brought out during the criminal trial if there are inconsistencies, Mann said.

http://www.baltimoresun.com/news/ma...i-freddie-gray-grand-jury-20150512-story.html

 

[K_Z]

“She’s a young prosecutor in the starlight with an agenda, which is not solely focused on prosecution,” said Mark O’ Mara, the Florida criminal defense attorney who successfully defended Mr. Zimmerman against charges he shot an unarmed black man in a trial that turned the tables on the prosecutors.

“If she wants to prosecute cops, that’s a gargantuan task in itself,” he added. “If she’s going to be the standard in which we prosecute police, then do it responsibly, don’t open yourself to undue criticism a lot of lawyers are probably asking, why are you on stage with Prince — why aren’t you working?”

The legal experts say Ms. Mosby is in danger of running afoul of the Maryland Bar standards barring prejudicial conduct by prosecutors, or at the very least traveling down a well-worn path of failed celebrity prosecutions like those involving O.J. Simpson, George Zimmerman or the Duke lacrosse players.

Read more: http://www.washingtontimes.com/news...prince-on-stage-as-baltimore-p/#ixzz3a4JoP6yg
Follow us: @washtimes on Twitter

 

[K_Z]

This is what I found about GJ


Defense attorneys for the officers charged in the*Freddie Gray*case anticipate their clients will be indicted by a grand jury in the next two weeks.

snip

That makes a Baltimore grand-jury indictment more of a procedural step to move a case filed in District Court to the Circuit Court, where more serious criminal cases are heard. The indictment typically occurs before the preliminary hearing for the District Court case, which for the officers is set for May 27.

snip

Legal experts have said Baltimore prosecutors could use the grand-jury process to amend the pending charges, if they believe changes are necessary. The defense has argued that Mosby erred when she said officers made an illegal arrest of Gray for having a knife, contending the knife was not allowed under the city code.

If investigators from the case or witnesses testify before the grand jury, their testimony can be brought out during the criminal trial if there are inconsistencies, Mann said.

http://www.baltimoresun.com/news/ma...i-freddie-gray-grand-jury-20150512-story.html

BBM. Good to remember that May 25 is Memorial Day, and a national holiday, as well. With weekends and the holiday, there are only 8 business days left for Marilyn Mosby and her team to pull together their plan.

 

[ohreally]

My thanks button is acting goofy even when I refresh.
I wonder since grand juries are suppose to meet in secret if they are already hearing the case. It seems like there are hints of it in MSM without coming right out and saying it.

 

[Peliman]

This case is so unusual and I have a legal question. We have 6 officers charged with various charges. Five of those officers have given statements and I'm sure they've been questioned to find out what happened. I'd speculate some of those officers gave statements not expecting to be charged.

I'm curious if those officers were mirandized before they gave statements about the incident. I'm sure they got mirandized at some point but can their statements be used against them if they had not been mirandized until they were charged?

IMO, it's going to be a tangeled web about what will be allowed in court. I'm also curious what effect this may have in the future for officers who face a similar circumstance. Will officers in the future be reluctant to assist in death investigations for which they maybe involved?

 

[WhoaIsMe]

This case is so unusual and I have a legal question. We have 6 officers charged with various charges. Five of those officers have given statements and I'm sure they've been questioned to find out what happened. I'd speculate some of those officers gave statements not expecting to be charged.

I'm curious if those officers were mirandized before they gave statements about the incident. I'm sure they got mirandized at some point but can their statements be used against them if they had not been mirandized until they were charged?

IMO, it's going to be a tangeled web about what will be allowed in court. I'm also curious what effect this may have in the future for officers who face a similar circumstance. Will officers in the future be reluctant to assist in death investigations for which they maybe involved?

Interesting points which got me wondering whether officers, in general, could successfully use not being marandized in court. Or would a judge assume they know their rights well since they often repeat them.

Sent from my SCH-S960L using Tapatalk 2

 

[SCHMAE]

Slightly OT , sorry but does anyone know if there is a thread for this man ? TIA ( how many cases like this are there at any given time ? )

http://www.kfoxtv.com/news/features...th-while-in-custody-130924.shtml#.VVToP_lVhBc

ETA Some time back a poster suggested we combine all of these type cases into one common thread. Does anyone know if that thread is alive , yet? Tks, again.

 

[Falcon500]

This case is so unusual and I have a legal question. We have 6 officers charged with various charges. Five of those officers have given statements and I'm sure they've been questioned to find out what happened. I'd speculate some of those officers gave statements not expecting to be charged.

I'm curious if those officers were mirandized before they gave statements about the incident. I'm sure they got mirandized at some point but can their statements be used against them if they had not been mirandized until they were charged?

IMO, it's going to be a tangeled web about what will be allowed in court. I'm also curious what effect this may have in the future for officers who face a similar circumstance. Will officers in the future be reluctant to assist in death investigations for which they maybe involved?

If the officers are suspects in a criminal act then they have to be advised of their rights per Miranda. If they weren't then nothing that they said can be used in court against them. It does not matter what someone's job is. A hot dog vendor or a police LT. Both have to be advised. A judge cannot assume that just because they are police officers that they already know their rights.

This is why police departments do not conduct internal investigations about police conduct until after the criminal case is over. When an officer is the subject of an internal investigation he HAS to answer questions from investigators and to not do so is a departmental violation.

 

[ohreally]

My understanding from MSM is that if they were required to write reports about what happened as part of their job, those reports may not be allowed to used in court.

 

[Falcon500]

My understanding from MSM is that if they were required to write reports about what happened as part of their job, those reports may not be allowed to used in court.

That is correct.

 

[MissSunshine]

The Baltimore State's Attorney's Office hit back against a recent flurry of court filings by the defense team in the Freddie Gray case, calling their arguments "illogical, unsupported, frivolous, and unprecedented."
snip

Deputy State's Attorney Michael Schatzow called the "emergency" filings "increasingly desperate efforts to hijack the grand jury process" and an "an 'emergency' of their own making." He said the state is allowed 30 days to respond, and noted that the officers are all free on bail.

Although the facts asserted by the plaintiffs in support of the relief requested are of little moment, and their arguments are illogical, unsupported, frivolous, and unprecedented, the relief that they seek is serious indeed," Schatzow wrote. "To the extent that a substantive response is ultimately required to their complaint, more time and care must be devoted to that response than 48 hours would allow."

http://www.baltimoresun.com/news/ma...-gray-prosecutors-respond-20150514-story.html

 

[Peliman]

My understanding from MSM is that if they were required to write reports about what happened as part of their job, those reports may not be allowed to used in court.

That is correct.

Can those reports and statements before mirandizing be used against another officer if they contained negative information? Thanks for the info, appreciated.

 

[BirdycatNY]

In Defending Baltimore Police Officers, Lawyers Build Case From the Details
By Serge F. Kovaleski and Michael Wines
N.Y. Times
May 14, 2015
http://www.nytimes.com/2015/05/15/us/freddie-gray-baltimore-police.html?_r=0

 

[DebinGA]

http://stattorney.org/office/executive-team/563-michael-schatzow-chief-deputy-state-s-attorney

Mr. Schatzow seems to have only joined the BC SA office after Mosby's election a few months ago. He's the tall, older, white-haired guy usually seen in pics standing right behind her. If he's mainly there for window-dressing, it won't help her in the end.

 

[al66pine]

[QUOTE=BirdycatNY;11772336]In Defending Baltimore Police Officers, Lawyers Build Case From the Details. By Serge F. Kovaleski and Michael Wines
N.Y. Times May 14, 2015
http://www.nytimes.com/2015/05/15/us/freddie-gray-baltimore-police.html?_r=0[/QUOTE]


Hey, did anybody notice ^article links to 15 page pdf of Policy 1114, dated April 3, 2015.
PERSONS IN POLICE CUSTODY, page 2, sections 1.5.6. and 1.5.7 discuss restraints.

Why does copy & paste not work? Help, anyone? TIA.

http://www.nytimes.com/interactive/...olicy-1114-for-persons-in-police-custody.html

 

[bettybaby00]

Not sure why c&p isn't working for you

Watching Megan kelly, and the teaser for her next segment was "new revelations by the ME."

 

[katydid23]

Not sure why c&p isn't working for you

Watching Megan kelly, and the teaser for her next segment was "new revelations by the ME."

Heard that too. Waiting...

 

[bettybaby00]

In Defending Baltimore Police Officers, Lawyers Build Case From the Details
By Serge F. Kovaleski and Michael Wines
N.Y. Times
May 14, 2015
http://www.nytimes.com/2015/05/15/us/freddie-gray-baltimore-police.html?_r=0

Can those reports and statements before mirandizing be used against another officer if they contained negative information? Thanks for the info, appreciated.

From the NYT article

Two defense lawyers said Ms. Mosby might be seeking to build her case around unreleased statements that five of the six officers voluntarily gave investigators. But legal considerations, including the Fifth Amendment protection against self-incrimination, could make the statements inadmissible in court.

 

[KEVINinTO]

Not sure why c&p isn't working for you

Watching Megan kelly, and the teaser for her next segment was "new revelations by the ME."

I was hoping for something new but Megyn just covered the NYT report from today