MD - Freddie Gray dies in police custody #2

[KEVINinTO]

I don't know if this has been posted yet. An interesting commentary from a former Baltimore Deputy SA - Page Croyder


Police charges in Freddie Gray case are incompetent at best
http://www.baltimoresun.com/news/opinion/oped/bs-ed-freddie-gray-mosby-20150505-story.html

Baltimore State's Attorney Marilyn Mosby's "quick" and "decisive" action in charging six Baltimore police officers a mere two weeks after the death of Freddie Gray reflects either incompetence or an unethical recklessness.

Any prosecutor interested in the truth and in justice would have used all the tools at her disposal to find them. Ms. Mosby ignored them. She has one of the most experienced homicide prosecutors in the state of Maryland as chief of her homicide unit, but did not ask him to investigate. She had the police report all of one day before filing charges, her mind already made up. And she failed to make use of the grand jury to gather, probe and test the evidence before a group of average citizens.

If I were a Baltimore police officer, I'd be looking for another job immediately. And as a Baltimore citizen, I may start looking for someplace else to live.

 

[dandy]

That is not a new expectation. That is in the Fourth Amendment. Thats 227 years of legal precedent, and there is nothing subjective about it. She is merely upholding the Constitution.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

i've been thinking about this post . . . and a comment under baltimore sun's article led me to this . . . "an individual who suddenly and without provocation flees from identifiable police officers patrolling a high crime area creates reasonable suspicion under the Fourth Amendment for the police to stop him."

http://www.baltimoresun.com/news/ma...ie-gray-statements-20150505-story.html#page=1
https://supreme.justia.com/cases/federal/us/528/119/case.html

 

[SStarr33]

WBAL's Jayne Miller says she will 'step back' from Freddie Gray coverage

http://www.baltimoresun.com/enterta...ack-freddie-gray-coverage-20150505-story.html

IMO, she needs to be fired.

 

[SStarr33]

Here is the interview with her:

http://hereandnow.wbur.org/2015/05/05/baltimore-jayne-miller

She has a lot of nerve to complain about Fox.

 

[vanlutz]

Here's the thing about the knife IMO:

If they knew it wasn't illegal, I don't think they would have arrested him. Why would they do that? They would know the courts would throw out the charges and they would look like they were incompetent for arresting someone who was carrying a legal knife.

That's my thought also. But, the people who disagree would say it's because the police are brutal and will arrest you just because you're black. They firmly believe the police knew it was legal, but decided to waste their time by arresting him, beating him (yes, many believe he was beaten to the point where the cops broke his neck) and leaving him helpless to die.

The knife for the two bike officers is the key to their defense. They pretty much have that in the bag, unless it's a 1950's pocket knife.

 

[dandy]

WBAL's Jayne Miller says she will 'step back' from Freddie Gray coverage

http://www.baltimoresun.com/enterta...ack-freddie-gray-coverage-20150505-story.html

IMO, she needs to be fired.

i had to laugh at this = not buying it . . . She stressed that her leaving the story once it moved out of the investigative stage and into the legal process "was always our plan."

 

[oceanblueeyes]

OT: We have lost another officer in the line of duty.

This happened in the same town in Idaho where Shasta and Dylan Greone lived.

He had been on the police force for 16 years.

http://www.spokesman.com/stories/2015/may/05/cda-police-officer-dies-shooting/

 

[sonjay]

This is huge IMO. If the police task-force concluded that the knife was illegal under the stricter city law how can Mosby make the statement that it was "legal" because "it is not a switchblade". She is either incredibly incompetent or is guilty of prosecutorial misconduct.

Even if the knife is deemed legal that does not make the arrest "illegal". I have seen discussion's on legal blogs that argue if the officer's were of the belief that the knife was illegal they would have probable cause to make an arrest. "Probable" is the operative word! It means that someone "most likely" committed a crime. The only way an arrest could be considered illegal is if an officer planted evidence or committed other misconduct.

It is ridiculous IMO for the SA to charge the officers with "illegal confinement". Think of all the people who get acquitted. We don't go back and charge the arresting officers with "illegal confinement".

ITA. I don't think it matters one tiny iota whether or not the knife is actually illegal. IMO, the only thing that matters for the illegal-arrest charges is whether the arresting officers reasonably believed the knife was illegal.

 

[oceanblueeyes]

Marc Zayon, Nero's attorney, argued in the motion filed Monday that the knife in Gray's pocket — described in charging documents as "a spring assisted, one hand operated knife" — is in fact illegal under state law. Maryland, he said, defines a knife as unlawful if it opens automatically by pushing a button, spring or other device in the handle.

The charges against the officers came near the close of a turbulent week in which violence, looting and fires erupted in the streets April 27 only hours after Gray's funeral that Monday.

But some lawyers including Andy Alperstein, who has represented police officers but is not involved in the Gray case, said those charges can only be proven if Gray was wrongly arrested. If the knife was illegal, "there is no case" against Nero and another officer, he said.

"If the facts were that the knife was illegal then the Gray arrest would be justified. Even if it wasn't illegal and the officers acted in good faith, it would be the same result. All charges fail," Alperstein said.

http://www.msn.com/en-us/news/us/of...s-in-freddie-gray-case/ar-BBjgvt3?ocid=HPCDHP

 

[corundogs]

Busted...

.View attachment 74332

Hours before Mosby's press conference.

Just curious...where did you get that twitter screenshot?

Because if that person is not on the east coast, it will show their time...and not east coast time. This has been an issue with many twitter screen grabs.

I am not saying it is, but this is not proof in and of itself that she posted info hours before the press conference.


ETA - YUP!!!! I was right!! I am in Missouri, 1 hour behind Baltimore. When I look up that tweet, the time is 9:46. Which puts it at her local time at 10:46...during Mosby's press conference!!!!!

 

[bettybaby00]

Just curious...where did you get that twitter screenshot?

Because if that person is not on the east coast, it will show their time...and not east coast time. This has been an issue with many twitter screen grabs.

I am not saying it is, but this is not proof in and of itself that she posted info hours before the press conference.


ETA - YUP!!!! I was right!! I am in Missouri, 1 hour behind Baltimore. When I look up that tweet, the time is 9:46. Which puts it at her local time at 10:46...during Mosby's press conference!!!!!

Hmm, doesn't make sense to me as I am on the east coast, and I screen capped the tweet directly from her Twitter account.

Eta. Yup, just checked again, and it says 7:46am, and I live in NY

 

[dandy]

baltimore mayor live at 10 a.m. new york time :dance:

http://video.foxnews.com/v/25531934...nces-new-partnership-with-doj/?#sp=watch-live

 

[corundogs]

Hmm, doesn't make sense to me as I am on the east coast, and I screen capped the tweet directly from her Twitter account.

Eta. Yup, just checked again, and it says 7:46am, and I live in NY

Do you have a twitter account? Because if you don't, it will show a default for California, which is where twitter is.

I don't know how to do screen grabs...and you probably won't believe me without it. But I swear on my life, it says 9:46 on mine. Which again, is 10:46 her time, the middle of Mosby's press conference.


ETA - Yup! I logged out, and the tweet shows up at 7:46. Just like I said!!

 

[bettybaby00]

Do you have a twitter account? Because if you don't, it will show a default for California, which is where twitter is.

I don't know how to do screen grabs...and you probably won't believe me without it. But I swear on my life, it says 9:46 on mine. Which again, is 10:46 her time, the middle of Mosby's press conference.


ETA - Yup! I logged out, and the tweet shows up at 7:46. Just like I said!!

I did not know that. Not sure why they would set things up that way, but evidently they have.

 

[jjenny]

There seem to be so much ambiguity about the knives. How were the officers supposed to figure out if knife is legal or not on the spot?
And if they resoanbly believed the knife wasn't legal, then they shouldn't be charged with false arrest.

 

[popsicle]

Luke Broadwater ‏@lukebroadwater 17m17 minutes agoBaltimore, MD
.@MayorSRB says she's asking for a full civil rights investigation by the feds into "pattern and practices" of police


Luke Broadwater ‏@lukebroadwater 7m7 minutes ago
.@MayorSRB says U.S. attorney general's office is reviewing request to investigate pattern of illegal police stops

 

[Peliman]

Luke Broadwater ‏@lukebroadwater 17m17 minutes agoBaltimore, MD
.@MayorSRB says she's asking for a full civil rights investigation by the feds into "pattern and practices" of police


Luke Broadwater ‏@lukebroadwater 7m7 minutes ago
.@MayorSRB says U.S. attorney general's office is reviewing request to investigate pattern of illegal police stops

How can one claim there was a pattern of illegal police stops without investigating first? Maybe there is and maybe there isn't but to make the claim is leading to a premature judgement.

I hope if the investigation is carried forward and we hear about complaints from witnesses that we also hear the officers side of the story. There is two sides to every story, I didn't hear that in the Ferguson investigation.

 

[DebinGA]

Batts, who's AA, has been Baltimore Police Commisioner since 2012. He told CNN yesterday that Mosby only told him about the 6's charges 10 min. before she announced them. He also noted his PD Task Force*, was comprised of 40-50 experienced officers, while the "parallel" investigation of Mosby consisted of 4-5. (unknowns, but reported to be from the Baltimore City Sheriff's Office, since Maj. Cogen, one of their admins, signed the charging documents)

* http://www.baltimoresun.com/news/ma...gray-investigation-20150502-story.html#page=1

 

[galiuro]

soooo...investigating illegal stops when you haven't proven this one first? Sorry but um witchhunt comes to mind here...

Say while you're there feds, maybe you could look into the billions given to the city and what positive changes came about because of it...

 

[bettybaby00]

soooo...investigating illegal stops when you haven't proven this one first? Sorry but um witchhunt comes to mind here...

Say while you're there feds, maybe you could look into the billions given to the city and what positive changes came about because of it...

BBM....sigh....it's difficult not to get political when those in charge continue to make it political.

IMO specific cases like FGs death shouldn't be conflated with suspicion of the BPDs practices. By doing so the accused are faced with guilty until proven innocent, and that's not how it's supposed to work.

Ferguson/Darren Wilson is a prime example. He will never be considered innocent by many, especially the citizens of Ferguson, b/c of the early statements made by the DOJ.

And that's all I'm gonna say eace: