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.

Where did you come up with that one?

quote:

Originally posted by JALLEN:
Where did you come up with that one?

Internet Lawyering 101

quote:

Originally posted by JALLEN:

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.

Where did you come up with that one?

Are you saying you can claim 5th Amrndment protection in a civil case and refuse to answer questions in a deposition?

quote:

Originally posted by Broadside:

quote:

Originally posted by JALLEN:

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.

Where did you come up with that one?

Are you saying you can claim 5th Amendment protection in a civil case and refuse to answer questions in a deposition?

So Mosby would in effect be saying, "Hey, I may have committed a crime. So I'm not going to answer any of your questions in this lawsuit against me."

That wasn't my understanding from Business Law 101. But that was over 20 years ago.

http://www.baltimoresun.com/ne...-20160601-story.html

Officer Goodson (van driver) will have a pre-trial hearing on Monday (6 June 2016). Jury selection begins Tuesday.

The charges include second-degree depraved heart murder, manslaughter, 2nd degree assault and misconduct in office.

Officer Goodson has filed to keep out an unrecorded telephone comment by Officer Porter. Porter was first contacted by Det Syreeta Teel to give a telephone statement. She wrote down that Porter said at the 4th stop, Gray said he couldn't breathe.

After that telephone statement, Porter gave a recorded statement where he did not say that happened at the 4th stop. At his own trial, Porter denied making that comment in the unrecorded telephone statement.

In a second motion, Goodson is trying to block part of the autopsy report. Goodson has argued that portions of assistant medical examiner Dr. Carol Allan's autopsy of Gray that reference individuals' out-of-court statements should also be excluded from trial, either as hearsay or because Goodson will not have a chance to confront the individuals who made the statements in court.

Allan testified in Porter's trial that she would not have concluded Gray's death was a homicide if Goodson had taken Gray directly to the hospital after the van's fourth stop.

Surprise announcement:

Officer Goodson has elected a bench trial (no jury)

Officer Goodson (van driver)

Charges:
second-degree depraved-heart murder,
second-degree assault,
misconduct in office,
involuntary manslaughter,
manslaughter by vehicles (gross negligence),
manslaughter by vehicles (criminal negligence) and
reckless endangerment.

Defense Attorneys: Matthew Fraling and Andrew Graham

Prosecutors: Michael Schatzow and Janice Bledsoe

On the day of Gray’s arrest, Goodson had volunteered to work an overtime shift on his normal day off

Today's hearing is over. Goodson trial will start Thursday at 930am.

both sides had planned to have witnesses available on Thursday. (anticipating 2 days of jury selection)

Defense motion granted to block as hearsay Officer Porter's statement to Detective Teel that Gray said he couldn't breathe at 4th stop

that is a big deal. hurts prosecutor time line argument


Defense motion denied to block portions of autopsy report that relied on out-of-court statements



Officer Goodson arriving at court

That would be a horribly difficult call to make in his case, I can't fault his decision though. A jury trial pulled from a pool of Baltimore city residents would be a nightmare and probably the best he could hope for would be a hung jury.

Sgt White and Officer Porter are suing Mosby.

Now it has been revealed that Lt Rice is also suing Mosby.

http://www.baltimoresun.com/ne...-20160607-story.html

Lt. Brian Rice has filed a federal lawsuit against Baltimore State's Attorney Marilyn J. Mosby, alleging false arrest, false imprisonment and defamation, among other counts, according to federal court documents.

Like White and Porter, whose lawsuit was unsealed in state court late last month, Rice is also suing Baltimore sheriff's office Maj. Sam Cogen, who signed off on the charging documents in the Gray case. Also like White and Porter, Rice claims in his lawsuit that Mosby and Cogen knew that he had committed no crime when they brought charges against him — including manslaughter, second-degree assault, reckless endangerment and misconduct in office.

"His illegal arrest was made without probable cause and demonstrated ill will, improper motivation and/or evil purpose," Rice's lawsuit says.

Rice seeks in excess of $75,000 in compensatory damages and in excess of $75,000 in punitive damages from both Mosby and Cogen for each of five counts — false arrest, false imprisonment, violation of his rights under the Maryland Declaration of Rights, violation of his federal civil rights, and defamation of character. He also seeks legal fees.

$75,000 is not enough. Should have sued for $1 million on each charge!

quote:

Originally posted by Broadside:

quote:

Originally posted by JALLEN:

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.

Where did you come up with that one?

Are you saying you can claim 5th Amrndment protection in a civil case and refuse to answer questions in a deposition?

You can. It might or might not be used against you.

So White, Porter and Rice have filed lawsuits against Mosby.

Now we can add lawsuits against her from Officers Nero and Miller.

http://www.baltimoresun.com/ne...-20160608-story.html

A Maryland U.S. District Court judge has unsealed another lawsuit filed against State's Attorney Marilyn Mosby by police officers charged in the Freddie Gray case.

Court records show Officers Edward Nero, who was acquitted of all charges last month, and Garrett Miller filed a joint suit against Mosby and Sheriff's Office Maj. Samuel Cogen on April 29. The case was unsealed Tuesday.

The suit alleges false arrest and false imprisonment, defamation, and violation of constitutional rights, and claims Mosby and Cogen knowingly filed false charges against the officers "in furtherance of [their] own personal interests and political agenda."

"Their illegal arrests were made without probable cause and demonstrated ill will, improper motivation and/or evil purpose," attorney Joseph Thomas Mallon Jr. wrote.

The cases bring to five the number of known lawsuits filed against Mosby and Cogen by officers charged in the arrest and death of Gray.

The plaintiffs in the cases each asked that they be sealed, saying they needed to be filed before May 1 due to potential statute of limitations issues but that they did not want to rile Circuit Judge Barry Williams, who has imposed a gag order on the criminal cases.

Two federal judges, Marvin Garbis and James Bredar, granted marginal orders to seal the separate cases brought by Nero and Miller, and Lt. Brian Rice, respectively. But in state court, Judge Althea Handy declined to seal cases brought by Sgt. Alicia White and Officer William Porter, and Garbis and Bredar decided to unseal the cases they are overseeing.

quote:

Originally posted by sdy:
So White, Porter and Rice have filed lawsuits against Mosby.

Now we can add lawsuits against her from Officers Nero and Miller....

I wonder if Mosby is starting to question her actions?

quote:

Originally posted by BamaJeepster:
A jury trial pulled from a pool of Baltimore city residents ... would be a hung jury.

That's raciss!

quote:

Originally posted by Scoutmaster:

quote:

Originally posted by sdy:
So White, Porter and Rice have filed lawsuits against Mosby.

Now we can add lawsuits against her from Officers Nero and Miller....

I wonder if Mosby is starting to question her actions?

You're kidding, right? Race bating morons rarely ever explore self introspection.

People like Mosby don't need to feel badly for the right reasons. They just need to feel badly.

More so, they need to be so embarrassed publicly they can't get elected as dog catcher in Tumbleweed South Dakota, much less ever in a position to screw up again.

quote:

Originally posted by parabellum:
People like Mosby don't need to feel badly for the right reasons. They just need to feel badly.

You make a good point. The pile of manure at her doorstep is her fault, and smells the same, regardless if she admits or it or not.

Donta Allen was always a potential key witness, but he has changed his story.

Judge Williams to hold hearing on witness disclosure as Officer Goodson's trial opens

http://www.baltimoresun.com/ne...-20160608-story.html

Judge Barry Williams will hold a hearing Thursday on the first day of trial for Officer Caesar Goodson about whether prosecutors wrongly withheld discussions they had with a potential witness in the Freddie Gray case, newly unsealed documents show.

The 11th-hour filings revolve around Donta Allen, the second man who was placed inside the police transport van after prosecutors say Gray was severely injured. Police said Allen told investigators that Gray was thrashing around the van, but Allen has publicly recanted that statement and said he only heard a faint tapping, according to court documents.

Goodson's attorneys say Allen's attorney, Jack B. Rubin, contacted them last week and said the state had concealed for over a year that they had met with Allen last May. The defense says Williams has twice determined that the state improperly failed to produce discoverable evidence in two prior occasions.

"Officer Goodson would never have learned of this third instance without the intervention of a conscientious lawyer who felt duty bound to alert the court and the defense to the state's misconduct," Goodson's attorneys write. "This is the state's third strike — the only remedy that can rectify the state's violations ... is dismissal of the charges against Officer Goodson."

Allen is serving 10 years after being found in May to be in violation of his probation stemming from a 2013 armed robbery conviction, for which he initially received a 15-year sentence with all but five years suspended.

Allen was listed as a potential witness at the first trial in the case, of Officer William Porter, and arrangements were made to bring him to court, but he was not called by either side.

Goodson's attorneys say prosecutors did inform them of a May 4, 2016, meeting they had with Allen, and "described select statements" Allen made during that discussion.

But they say the state failed to disclose an "extended proffer session" on May 7, 2015 — just after the charges against the officers were announced but prior to grand jury proceedings.

After being informed of the meeting by Rubin this month, defense attorneys reached out to prosecutors who said Allen was inconsistent and they did not believe they were obligated to disclose any information from the meeting, Goodson's attorneys say.

Prosecutors say that Allen stood by his various statements about what Gray was doing in the van, and "did not acknowledge the statements were inconsistent or offer an further explanation." No new information emerged, so they did not believe it needed to be disclosed.

Trial has started for Officer Goodson.

Discussion is about prosecutors not sharing the interview they did w Donta Allen

Source: Baltimore Sun

Judge Williams to Baltimore's 2nd highest prosecutor: "Im not saying you did anything nefariously, Im saying you dont know what exculpatory means"

More Williams: "My concern is, what else is there out there that you didn't turn over?

Williams said evidence not shared by prosecutors about meeting with Donta Allen is "classic exculpatory evidence."

Williams found that prosecutors committee a Brady violation and suppressed material

Williams changed Schatzow's deadline for responding with any other outstanding evidence to Monday.


Mosby is in the court room escorted by 3 security people and another 3 sheriff's deputies, in addition to deputies already inside

Judge Barry G. Williams denied a defense request to dismiss the case against Officer Caesar Goodson Jr. after a hearing about whether prosecutors wrongly withheld discussions they had with a potential witness, as revealed in newly unsealed documents.

Williams also ordered prosecutors to produce any other evidence in any of the cases of the six officers

Allen told prosecutors this yr he was coerced & high in 1st statement; Williams says that makes 5/15 statement w his lawyer all more imptant

quote:

Mosby is in the court room escorted by 3 security people...

Seriously?