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Baltimore prepares for protests (Freddie Gray case) Update: Lt Rice NOT GUILTY of all 10 charges Login/Join 
Equal Opportunity Mocker
Picture of slabsides45
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Pretty sure I saw Nero jaywalking a while back. Prolly like 62...50% sure or so....


I'd be glad to testify, because it was a clear view through my tinted back window, going the other direction in the rain. Almost mostly positive it was him. We can nail him on this one.


________________________________________________

"You cannot legislate the poor into freedom by legislating the wealthy out of freedom. What one person receives without working for, another person must work for without receiving."
-Dr. Adrian Rogers
 
Posts: 4430 | Location: Mogadishu on the Mississippi | Registered: February 26, 2009Reply With QuoteReport This Post
Member
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quote:
Side note: I don't remember ever reading what the results were from Gray's blood tests.


Tox screens from the hospital, revealed he tested positive for heroin and marijuana. The Prosecution is sitting on the autopsy report as it is the Prosecutor's narrative that determined the findings of the Medical Examiner (I believe it is part of the gag order by the Judge).
 
Posts: 1980 | Location: St.Louis County MO | Registered: October 13, 2006Reply With QuoteReport This Post
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Outstanding news.
 
Posts: 508 | Location: maryland | Registered: February 16, 2013Reply With QuoteReport This Post
Corgis Rock
Picture of Icabod
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Researched officer Porter's hung jury. They were one vote away from acquittal in involuntary manslaughter, two votes from conviction on misconduct of office, and more divided on the two other charges.

Certain the defense will consider a bench trial.



“The best teacher is not the one who knows most but the one who is most capable of reducing knowledge to that simple compound of the obvious and wonderful.”
― H.L. Mencken
 
Posts: 4765 | Location: Outside Seattle | Registered: November 29, 2010Reply With QuoteReport This Post
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quote:
Certain the defense will consider a bench trial.


For the attorneys on the Forum . . .
. . . can the defense request, or motion for, a change from "Jury" to "Bench" for the re-trial ? ? ?
 
Posts: 464 | Registered: December 12, 2013Reply With QuoteReport This Post
That rug really tied
the room together.
Picture of bubbatime
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These officers will never serve as police officers again in Baltimore.

The noise makers are making too much noise. Probably a small severance and a boot out the door.


______________________________________________________
Often times a very small man can cast a very large shadow
 
Posts: 3963 | Location: Floriduh | Registered: October 16, 2004Reply With QuoteReport This Post
Proud member of
the vanning collective
Picture of Black92LX
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quote:
Originally posted by bubbatime:
These officers will never serve as police officers again in Baltimore.

The noise makers are making too much noise. Probably a small severance and a boot out the door.


Would you have any desire to even still live in the state let alone stay on the department?


--------------------------------------
Life can only be understood backwards; but it must be lived forwards.
Soren Kierkegaard
 
Posts: 18157 | Registered: September 06, 2003Reply With QuoteReport This Post
I believe in the
principle of
Due Process
Picture of JALLEN
posted Hide Post
quote:
Originally posted by DukeMinski:
quote:
Certain the defense will consider a bench trial.


For the attorneys on the Forum . . .
. . . can the defense request, or motion for, a change from "Jury" to "Bench" for the re-trial ? ? ?


In some states, either the defendant or the state can demand a jury trial. I don't know whether that is true in Maryland.




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 42960 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
wishing we
were congress
posted Hide Post
From Maryland Legal Info:

http://www.legalinfo.com/conte...criminal-lawyer.html

"Both the prosecutor as well as the defendant can demand a jury trial, but under some circumstances, such as in very technical cases, the defendant may seek only a bench trial."

*********
different topic. The prosecutors forced Officer Miller to testify against Nero. Miller was given immunity from the prosecutors using any of his testimony against him.

Miller testified that he arrested Gray and cuffed him.

So when the prosecutors try Miller, can they use his initial statement that he arrested Gray ?

This situation has never occurred before in Maryland cases. (Where someone was given immunity for their testimony, and then they were later prosecuted for the same events)
 
Posts: 9965 | Registered: July 21, 2002Reply With QuoteReport This Post
wishing we
were congress
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http://www.baltimoresun.com/ne...-20160525-story.html

Two officers in Freddie Gray case sue Marilyn Mosby for defamation

Two officers charged in the death of Freddie Gray are suing Baltimore State's Attorney Marilyn Mosby for defamation and invasion of privacy.

Sgt. Alicia White and Officer William Porter, who are facing charges of involuntary manslaughter in the 25-year-old's death last April, filed the lawsuit against Mosby, Baltimore sheriff's office Maj. Sam Cogen and the state of Maryland on May 2, according to Baltimore Circuit Court records made public Wednesday.

The officers claim that Mosby and Cogen knew the statement of charges filed against the officers and other statements made by Mosby at a May 1, 2015, news conference announcing the charges "were false."

"These among other statements were made not for the purpose of prosecuting crimes that had allegedly been committed by White and Porter, but rather for purposes of quelling the riots in Baltimore," the suit alleges.

The officers had asked that the lawsuit be sealed to "avoid any suggestion" that they were "not complying with the spirit of" a gag order issued in their criminal cases by Circuit Judge Barry G. Williams, and to "avoid any additional pretrial publicity in connection with their upcoming criminal trials." They said they had to file the lawsuit at this time because of statute of limitations concerns.

Judge Althea Handy on Wednesday denied the motion to seal the case, saying the officers had "failed to provide a special and compelling reason to preclude or limit inspection of the case record sufficient to overcome the presumption of openness" under Maryland law.

A spokeswoman for the state's attorney's office declined to comment, citing a gag order on the criminal prosecution, and the sheriff's office also declined to comment.

Legal experts expressed doubt that the lawsuit would be successful.

A. Dwight Pettit, who litigates civil cases in Baltimore but is not involved in this case, said prosecutors enjoy immunity from being sued "unless you can show some sort of malicious intent, which is a very steep burden."

"It's very unusual," he said of the officers' lawsuit. "The allegations would have to border on intentional conduct to cause them irreparable injury."

Pettit said the fact that Porter's case proceeded all the way to jury deliberations — with Williams denying motions to dismiss the charges outright or for a judgment of acquittal after the state rested its case — shows the charges had some merit in the eyes of the court. That will make it more difficult for White and Porter to successfully argue now that prosecutors knew the charges were unfounded, he said.

"They would have to prove that they were frivolous and without substance and that she knew the charges could not stand, and none of that has developed," he said.

Civil attorney Joe Espo, who also is not involved in the case, said it that "doesn't sound like it's going to go anywhere."

"She has the same constitutional rights as anyone to speak about matters of public concern, and, generally speaking, if you're talking about somebody in the public eye, you need to show reckless disregard for the truth," Espo said.

Mosby, who announced the charges one day after receiving the official police investigation into the incident, said that she had conducted her own independent investigation with the help of the sheriff's office. Cogen signed and filed the initial charging documents in the case, outlining the state's probable cause.

Attorneys for the officers have expressed skepticism about that investigation, saying evidence submitted to them through discovery provided little proof that any such investigation occurred.

They have previously accused Mosby of "overzealous prosecution," saying she improperly discussed the charges when she announced them on the steps of the War Memorial, and asked her to recuse herself and her office citing conflicts of interest.

In their 26-page lawsuit, White and Porter ask for more than $75,000 in damages for each of four counts — two of defamation and two of invasion of privacy and casting them in a false light.

They say Mosby and Cogen had a duty not to criminally charge them "when such charges were unsupported by the facts and evidence," as well as a duty "not to publish false statements" about them.

Through Mosby's statements, they claim, their "character and reputation ... were harmed, their standing and reputation in the Baltimore City Police Department and the community at large — locally, nationally, and internationally — were impaired, [and] they continue to suffer mental pain and anguish, and humiliation."

The officers note that they were placed on administrative leave without pay by the Police Department and "have suffered, and continue to suffer, monetary damages in the form of lost income, lost raises in salary, and lost promotions."
 
Posts: 9965 | Registered: July 21, 2002Reply With QuoteReport This Post
wishing we
were congress
posted Hide Post
This is a link to the full transcript of Judge Williams ruling in the Nero case.

http://www.baltimoresun.com/ne...-20160523-story.html

A very detailed analysis of each charge.

May present some hint of how the other trials may go, but remember that Nero was not guilty in the judge's view because Nero didn't do much in the arrest. Not clear how the judge would rule in a trial against the other officers.
 
Posts: 9965 | Registered: July 21, 2002Reply With QuoteReport This Post
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Picture of JR78
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What do they want?
What's their end game?
They'll be just as poor after this is over. Thugs will be slingin' dope and killing each other. Welfare will stay the same, because they have nothing, nada, zip, zero.

I have a neighbor who's a stone-hard-core liberal and attorney. I mean, he would drink Hillary's piss. We went to the LGS this past week and he bought a Glock 19. Put about 400 rounds down range. He feels safer in his castle now. What does that say?


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Men who carry guns for a living do not seek reward outside of the guild. The most cherished gift is a nod from his peers.
 
Posts: 1624 | Location: DFW | Registered: December 17, 2007Reply With QuoteReport This Post
Wait, what?
Picture of gearhounds
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quote:
Two officers in Freddie Gray case sue Marilyn Mosby for defamation


There's a twist you didn't see coming Mosby, you bitch.

Every officer involved should do the same when they are acquitted. They have been sacrificial victims from the start.




Proudly deplorable
 
Posts: 7645 | Location: Martinsburg WV | Registered: April 02, 2011Reply With QuoteReport This Post
Imagination and focus
become reality
posted Hide Post
quote:
Originally posted by gearhounds:
quote:
Two officers in Freddie Gray case sue Marilyn Mosby for defamation


There's a twist you didn't see coming Mosby, you bitch.

Every officer involved should do the same when they are acquitted. They have been sacrificial victims from the start.


Actually, they would be better off suing her for malicious prosecution.
 
Posts: 5437 | Location: Northwest Indiana | Registered: August 15, 2004Reply With QuoteReport This Post
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Picture of RichardC
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If Mosby loses such a lawsuit, who pays?

Mosby or the taxpayers?


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Posts: 8772 | Location: Florida | Registered: June 23, 2003Reply With QuoteReport This Post
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Picture of Kadin
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quote:
Originally posted by RichardC:
If Mosby loses such a lawsuit, who pays?

Mosby or the taxpayers?


Taxpayers would definitely have to pay any settlement, but I wonder if part of the settlement could include investigation by the ethics board, or the initialization of disbarment proceedings.

From what I've seen, it'd be nearly impossible to win this case against her, the bar is really high. But maybe malicious prosecution would be easier to prove?

She sure should be facing some kind of penalty for this circus.
 
Posts: 1848 | Location: Carrollton, TX | Registered: June 05, 2015Reply With QuoteReport This Post
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quote:
Originally posted by Kadin:
quote:
Originally posted by RichardC:
If Mosby loses such a lawsuit, who pays?

Mosby or the taxpayers?


Taxpayers would definitely have to pay any settlement, but I wonder if part of the settlement could include investigation by the ethics board, or the initialization of disbarment proceedings.

From what I've seen, it'd be nearly impossible to win this case against her, the bar is really high. But maybe malicious prosecution would be easier to prove?

She sure should be facing some kind of penalty for this circus.


They probably won't win, but she will have to give deposition and have to get on the witness stand and answer every question she is asked. Civil cases have no 5th amendment protections.

The greater concern for her is a perjury charge. Think about what happened to Scooter Libby in deposition.
 
Posts: 5839 | Location: Virginia | Registered: January 22, 2001Reply With QuoteReport This Post
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Picture of Kadin
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^^^ I like that. Even if they don't win, if they can let her perjure herself, or produce testimony to prove the political witch hunt, that'd be enough for me.
 
Posts: 1848 | Location: Carrollton, TX | Registered: June 05, 2015Reply With QuoteReport This Post
Gracie Allen is my
personal savior!
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I'm not sure that being sued constitutes a waiver of 5th Amendment protections. You generally can't be stripped of Constitutional rights just by being sued. I think that the most that she can be forced to do is to plead the 5th.
 
Posts: 20656 | Location: Deep in the heart of the brush country, and closing on that #&*%!?! roadrunner. Really. | Registered: February 05, 2008Reply With QuoteReport This Post
Proud member of
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Picture of Black92LX
posted Hide Post
quote:
Originally posted by Broadside:
quote:
Originally posted by Kadin:
quote:
Originally posted by RichardC:
If Mosby loses such a lawsuit, who pays?

Mosby or the taxpayers?


Taxpayers would definitely have to pay any settlement, but I wonder if part of the settlement could include investigation by the ethics board, or the initialization of disbarment proceedings.

From what I've seen, it'd be nearly impossible to win this case against her, the bar is really high. But maybe malicious prosecution would be easier to prove?

She sure should be facing some kind of penalty for this circus.


They probably won't win, but she will have to give deposition and have to get on the witness stand and answer every question she is asked. Civil cases have no 5th amendment protections.

The greater concern for her is a perjury charge. Think about what happened to Scooter Libby in deposition.


Would it not be sweet sweet irony that she be stripped of her 5th amendment rights and compelled to testify just like the officers in this case.


--------------------------------------
Life can only be understood backwards; but it must be lived forwards.
Soren Kierkegaard
 
Posts: 18157 | Registered: September 06, 2003Reply With QuoteReport This Post
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