Mosby makes recommendations to "solve" the problem

http://foxbaltimore.com/news/l...ng-police-misconduct

she recommends:

add a Civilian Review Board investigator to the Baltimore Police Department team tasked with on-site investigations of use of force incidents, as well as an SAO investigator and a Maryland State Police investigator.

grant police powers for State Attorney Office investigators

civilian participation on hearing review boards.

and,

Mosby also stressed a need for the state to offer the prosecutor and judge the power to reject a defendant’s preference for a bench trial in state law cases, noting that “At the federal level, if a defendant seeks to waive their rights to a jury trial, the court and prosecutor must also agree to the bench trial. Trial by jury -- if the jury is diversely composed -- is preferable to a bench trial because it limits the court system’s implicit bias .”

quote:

Originally posted by mbinky:
Are prosecutors really entitled to "absolute immunity" and what exactly does that entail?

Good summary here:

http://www.section1983blog.com...al-immunity.html?m=1

Basically you are immune from being sued for actions taken as an advocate (authorizing a warrant, trying a case, etc.)

quote:

Originally posted by sdy:
Mosby also stressed a need for the state to offer the prosecutor and judge the power to reject a defendant’s preference for a bench trial in state law cases

I don't think either party should be able to unilaterally demand a bench trial. It encourages judge shopping and creates a high potential for abuse.

Wrong.
A defendant should have a choice of whether they want a jury trial or a trial by a judge.
She's delusional, sour grapes and all that.

If she gets charged, I wonder what her preference will be.

When things are a matter of law, and if you think you are innocent, and if the potential jury pool has be tainted by press coverage, why should having a judge try your case be off the table?

quote:

Originally posted by mbinky:
Are prosecutors really entitled to "absolute immunity" and what exactly does that entail?

Absolute immunity means that neither the prosecutor nor the office may be sued for the decision to prosecute or not. They lose the immunity when they step outside their roles as prosecutors and function as investigators, then they lose the absolute freedom from being sued.

quote:

Originally posted by sdy:
Mosby makes recommendations to "solve" the problem

http://foxbaltimore.com/news/l...ng-police-misconduct

she recommends:

add a Civilian Review Board investigator to the Baltimore Police Department team tasked with on-site investigations of use of force incidents, as well as an SAO investigator and a Maryland State Police investigator.

grant police powers for State Attorney Office investigators

civilian participation on hearing review boards.

and,

Mosby also stressed a need for the state to offer the prosecutor and judge the power to reject a defendant’s preference for a bench trial in state law cases, noting that “At the federal level, if a defendant seeks to waive their rights to a jury trial, the court and prosecutor must also agree to the bench trial. Trial by jury -- if the jury is diversely composed -- is preferable to a bench trial because it limits the court system’s implicit bias .”

Why would anyone out there be listening to this bitch at this point. She's totally destroyed 'any' credibility she 'might' have had. She just needs to shut up and go away (well, up until she is disbarred and jailed).

quote:

Originally posted by lbj:
Wrong.
A defendant should have a choice of whether they want a jury trial or a trial by a judge.
She's delusional, sour grapes and all that.

Absolutely agree. The constitution guarantees the accused a right to a jury trial - it does not mandate one.

quote:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Just as the first amendment guarantees a right to assemble, it does not mandate it.

It should be up to the accused - no more power to the state.

quote:

Originally posted by Palm:

quote:

Originally posted by sdy:
Mosby also stressed a need for the state to offer the prosecutor and judge the power to reject a defendant’s preference for a bench trial in state law cases

I don't think either party should be able to unilaterally demand a bench trial. It encourages judge shopping and creates a high potential for abuse.

There are two positions. Some states allow a defendant to waive trial by jury. Some states condition the waiver on the approval of the prosecutor. In every case, AFAIK, the waiver requires approval by the court whose role is to ensure the defendant understands the situation and had made a free choice.

In Federal court, the rule is

quote:

Rule 23
(a) Jury Trial. If the defendant is entitled to a jury trial, the trial must be by jury unless:

(1) the defendant waives a jury trial in writing;

(2) the government consents; and

(3) the court approves.

quote:

Originally posted by lbj:
Wrong.
A defendant should have a choice of whether they want a jury trial or a trial by a judge.
She's delusional, sour grapes and all that.

If she gets charged, I wonder what her preference will be.

When things are a matter of law, and if you think you are innocent, and if the potential jury pool has be tainted by press coverage, why should having a judge try your case be off the table?

You might be right. I can see the point. I would be more in favor of such a system if the defendant made his or her choice prior to knowing who their judge is. Or each party gets a "peremptory challenge" in selecting the judge, similar to how picking a jury works.

Judge shopping is a potential problem. Can't argue that.

But in our current environment, that problem is dwarfed by the bias of many jury pools to decide on a social justice basis and "revenge" for past wrongs. Especially "perceived revenge" against law enforcement

A big danger in Baltimore is protecting police from Mosby. She argued that there was "court system implicit bias". Let's be real here. She fabricated fake charges over the top of any reasonable approach.

The police are fortunate that Judge Williams acted as a man of integrity and justice.

She withheld evidence from the defense. She had a medical examiner who gave disputed testimony. (An issue which has never been resolved by the way)

quote:

Originally posted by sdy:
The police are fortunate that Judge Williams acted as a man of integrity and justice.

It certainly worked out well in this case.

http://www.baltimoresun.com/ne...-20161022-story.html

Arrests in Baltimore for illegal guns often lead to dropped charges or little jail time

by Justin Fenton
October 22, 2016

As Baltimore police and prosecutors race to tamp down a sustained spike in violence, many of the charges against people caught with illegal guns aren't sticking, or defendants are only jailed for a fraction of their sentence.

About one-quarter of such gun cases are dropped before defendants go to trial, according to a Baltimore Sun analysis. Even when convicted of illegally possessing a firearm, prosecutors say defendants are sentenced, on average, to 16 months in jail with a substantial portion of their sentences suspended.

At the same time, police data shows that fewer people arrested with illegal guns are ordered held without bail.

In one case, a 23-year-old man was granted bail after his arrest in the city with a fully loaded revolver and is now accused of fatally stabbing a man in Baltimore County five days after his release. The arrestee had a felony record and faced a mandatory five years in prison on the gun charge.

"There's no certainty of a consequence," Police Commissioner Kevin Davis said of the Baltimore justice system, adding that he believes carrying an illegal gun should be viewed as a "pre-murder" crime.

Daniel Webster, a Johns Hopkins University professor who studies guns and has been consulting with city leaders, says the criminal justice system has been re-examining sentencing and bails, and not everyone deserves lengthy prison time. At the same time, he said, research shows "focusing on gun offenders very consistently, when done well, correlates with fewer people getting shot."

The city is on track for more than 300 homicides this year, and last year's count reached a historic high. In Baltimore, one of every three people shot dies, making it one of the most lethal cities in America, a recent Sun investigation found.

A shepherd in Baltimore's most lethal neighborhood

To address the problems, Davis and State's Attorney Marilyn J. Mosby announced last month that they would launch a new unit to focus more closely on these gun crimes to ensure their cases are stronger and that they secure better convictions. This month, Mosby named a veteran homicide prosecutor to oversee the unit.

Some of the solutions lie in better cooperation between police and prosecutors, they acknowledge. Mosby noted in an interview that a large number of illegal gun cases are dropped because of technicalities and avoidable circumstances, including questions over the legality of stops and officers failing to appear in court.

Davis has expressed frustration that police efforts to stem gun violence are undercut when those accused of gun crimes aren't convicted or given stiff penalties. Mosby has said judges deserve scrutiny, too.

"At the end of the day, we don't impose sentences and don't implement bails," Mosby said. "We can make a recommendation. But it's not on us."

Circuit Judge Charles Peters, the judge in charge of criminal cases in Baltimore, and other judges declined to comment, said Terri Charles, a spokeswoman for the Maryland Judiciary.

Defense attorneys say police work can be shoddy. They point to weak cases in which prosecutors are forced to "step off" — by offering defendants deals to plea to lesser counts. In many of those cases, the defendants have been charged under a statute that would require a mandatory five years in prison without parole.

"There's serious questions about the way the search was conducted, or the strength of the evidence overall," said Stephen Beatty, a Baltimore defense attorney.

Beatty also said officers sometimes skirt constitutional and other guidelines in an effort to take guns off the street. "They're not getting the people a lot of the time because of the way they seized the guns," he said. "They're encouraged to go on their hunches, and do things they really shouldn't be doing."

Car stop

Some defendants pick up new charges within weeks of the conclusion of their last criminal case.

In November 2015, Taiquan Moss and Kenneth Ballard were driving through West Baltimore when they were pulled over for having a license plate propped up in the window. Police said they saw Ballard make a movement toward the floor, and ordered the men out. Sticking out from under the passenger seat was a revolver, and both were charged with firearms offenses.

Except it was more complicated in court. Though neither man was actually holding the weapon, both were charged with possessing it. In court, their attorneys sought to suppress the gun as evidence, arguing police had no grounds to remove the men from the vehicle.

Detective Jeffrey Lilly testified that he made eye contact with Ballard — whose name he could not recall — and saw him move his shoulders downward. Both, he said, were cause to suspect something illegal could be occurring.

"I've done over 100 car stops. We kind of know the behavior of someone possibly armed or concealing something," Lilly testified.

Ballard's attorney, Jerome LaCorte, said his client made the same motion as someone reaching down to tie a shoe. "Would this have been any different if the car was in, say, Roland Park?"

Moss' attorney, Roland Brooks, challenged the assertion that the men were in a "high-crime area."

"I grew up six blocks away," Brooks told Baltimore Circuit Judge Louis Becker. "When I go there, I don't think I'm going to a 'high-crime neighborhood.' I'm going home."

Becker, a retired Howard County judge who, like many retired judges, continues to hear cases, said he was sympathetic to split-second decisions police have to make. But he said Lilly went too far when he leaned into the vehicle to observe the gun, which meant the gun hadn't been in plain view. After suppressing the evidence, he acquitted the two men of the charges they faced.

"Sometimes what constitutes good police work does not pass muster in the cold, calm atmosphere of a Baltimore courtroom," Becker said at the hearing.

Two months after the acquittal, Ballard was sentenced to three years in prison on drug charges in Baltimore County. In late May, Moss was arrested again with a handgun and ordered held without bond; his new charges are pending.

Search and seizure

Davis, the police commissioner, said that some cases they thought were clear-cut fell apart in court. For instance, he said that even when police find an illegal gun while executing a warrant, which provides solid legal grounds for a search, they still might not get a conviction.

In one case stemming from a January arrest, detectives had obtained a search warrant for the home of David Graham, believing he was involved in drug distribution in East Baltimore. Police forced open the door and found a gun in a shoe box inside a bedroom closet. Graham, convicted in 2013 of armed robbery, was prohibited from possessing a gun.

At trial, Assistant State's Attorney Corey Kropp told jurors that the case was "very simple": There was a gun in Graham's home, and Graham wasn't allowed to have a gun in his home. He didn't need to be holding the gun to be guilty, Kropp explained.

A detective testified that Graham insisted the gun wasn't his but said he would "take the charge" so that his child's mother — who was home at the time of the search — wasn't implicated in the crime.

Graham's attorney, Roland Brown, told jurors that police lacked evidence that it was Graham's gun.

During his closing argument, Brown faulted police for not finding fingerprints on the gun or testing it for DNA. He also noted that the gun was found in a Puma shoe box — Brown said that Graham didn't wear the kind of Pumas listed on the box. He said police could have traced credit card transactions to tie the box to Graham — but didn't.

Brown said he agreed with Kropp that it was an "easy case — the lack of evidence makes it easy to find this man not guilty."

After about an hour of deliberation, jurors found Graham not guilty.

Eight days later, police allege Graham shot a man in the chest at a dice game in East Baltimore. He's now jailed awaiting trial on charges of first-degree attempted murder.

Seeking changes

The Baltimore Sun analyzed 100 illegal-gun cases in which defendants were arrested between November and March to get a sample of cases that have mostly been adjudicated. About one-quarter of the cases were dropped, a rate that Mosby said is typical.

Mosby said the average sentence for such gun crimes since she took office in January 2015 has been 16 months. This year, police say the number is even lower — just six months for those cases that have been adjudicated.

Prosecutors say people convicted of having a gun in a vehicle have received 6 percent of the total possible sentence they could receive. People convicted of carrying an illegal gun have received 15 percent of the available time, while felons convicted of possessing a firearm received a quarter of the total possible sentence.

Webster, the Johns Hopkins professor, said not all people arrested with guns should receive extended prison time. "Even if the consequences are not super long, but you know you are going to jail — that is what is most important," he said.

In 2008, city officials reported that nearly 60 percent of defendants charged with gun crimes were held without bail, and about 30 percent received bail of more than $100,000. Only 8 percent received a bail below $100,000.

Police data from this year show only 34 percent of defendants charged with gun crimes were held without bail, and nearly 20 percent received a bail below $100,000.

Doral Cooke, 24, was charged with five different gun counts, including being a felon in possession of a firearm, and was given an $85,000 bail. He posted it and was released on Dec. 11, and in January was charged with the Dec. 16 murder of 24-year-old Devin Crutchfield in Halethorpe.

Davis said the data may help explain why police have seen a significant increase in gun seizures since last year but no decline in shootings — there have been more than 750 shootings, including more than 250 homicides.

He wants the expectation among street criminals to be that they'll get jail time if caught with an illegal gun. "If the certainty was 18 months, and they knew they were going to get that and see every bit of it, I'm OK with that," he said.

Mosby said she sees trends in the data that need to be improved upon.

"That's one of the reasons we need the unit," she said, referring to the new Gun Violence Enforcement Division that includes top prosecutors and police detectives, "so we can better investigate and prosecute these cases."

Even amid a rise in violent crime, Davis and Mosby cautioned residents against feeling they need to arm themselves. Davis recounted being at a shooting scene recently and talking to a father who said his son carries a gun for protection because the streets are so dangerous.

"You're more inclined in this day and age, if you have a loaded weapon, to utilize it, to solve your issues or problems in the street," Mosby said, "and that's unacceptable and you're going to be held accountable."

City leaders also hope to strengthen state laws to crack down on illegal guns.

Over the years, they have sought a number of changes in the Maryland General Assembly. The legislature passed one of the nation's strictest gun control laws in 2013, requiring people who buy a handgun to submit fingerprints to state police and banning dozens of types of assault weapons.

But when Davis lobbied in Annapolis this year for legislation to impose a mandatory, one-year prison sentence for anyone caught with a loaded, illegal firearm, the effort failed. A second offense would have required a sentence of at least five years.

Davis said he's searching for a way to reintroduce the bill in a revised format in next year's legislative session.

jfenton@baltsun.com

Copyright © 2016, The Baltimore Sun, a Baltimore Sun Media Group publication

Here are some of the defenses used:

"The accused gave notice to a law enforcement agency that the gun was being transported to the agency
The firearm was found by the accused
The gun was taken from someone who was using it in the commission of a crime against the accused
Improper search in violation of the Fourth Amendment
Illegally obtained statements or confessions
Lack of knowledge the firearm was present"
https://www.chicagocriminallaw...apon-by-a-felon.html

quote:

The arrestee had a felony record and faced a mandatory five years in prison on the gun charge.

It occasionally makes the news, how the Philly DA's office defers referring the arrested to state charges. The reasons are political. If every gun offense in Pittsburg and Philadelphia was (were?) prosecuted by the state, state prisons would packed with 10x bed capacity.

Some Pennsylvania State Correctional Institution statistics: There are 49,000 beds and 50,000 prisoners. The Inmate to Custody Ratio is currently 5.3 inmates per staff member (January 2016). It's all about race relations and money.

quote:

Originally posted by sdy:
Judge shopping is a potential problem. Can't argue that.

The courts I am familiar with have procedures in place to discourage this, if not preclude it.

In the Southern District of California, when you handed the filing papers to the clerk to commence the case, you selected a sealed envelope from a bunch of them. That envelope is opened to reveal which judge the case is assigned to for all purposes.

Superior Court used a master calendar in both civil and criminal cases, although they were starting to institute a "fast track" calender for certain categories of cases. I don't think you could finagle a certain judge without the connivance of the Presidung Judge, not impossible, I suppose but relatively rare.

Nationwide: 61% of murder cases were solved in 2015

Baltimore: 30% of murder cases were solved


WSJ reviewed how Mosby has done as a prosecutor

http://www.wsj.com/articles/ba...lyn-mosby-1479834018

About 53% of felony cases closed since Ms. Mosby took office have ended in conviction, compared with 67% the previous four years

The city of about 620,000 people is on pace to log more than 300 murders for a second straight year, one of the highest homicide rates among America’s largest cities. Its violent-crime rate rose in 2015 to its highest in seven years,

Baltimore police data show the city’s violent crime has risen thus far in 2016 compared with this time last year.

Some observers say Ms. Mosby’s management of the office is a contributing factor in the drop in convictions. Her office disputes that criticism, in part blaming the quality of cases brought by police.

About 70 assistant state’s attorneys have left her office, nearly all voluntarily, for a turnover rate of about a third of the staff.

quote:

Originally posted by sdy:
Nationwide: 61% of murder cases were solved in 2015

Baltimore: 30% of murder cases were solved


WSJ reviewed how Mosby has done as a prosecutor

http://www.wsj.com/articles/ba...lyn-mosby-1479834018

About 53% of felony cases closed since Ms. Mosby took office have ended in conviction, compared with 67% the previous four years

The city of about 620,000 people is on pace to log more than 300 murders for a second straight year, one of the highest homicide rates among America’s largest cities. Its violent-crime rate rose in 2015 to its highest in seven years,

Baltimore police data show the city’s violent crime has risen thus far in 2016 compared with this time last year.

Some observers say Ms. Mosby’s management of the office is a contributing factor in the drop in convictions. Her office disputes that criticism, in part blaming the quality of cases brought by police.

About 70 assistant state’s attorneys have left her office, nearly all voluntarily, for a turnover rate of about a third of the staff.

And when people eliminate the correct answer, ignore the real cause of the problem, it doesn't matter what they do to improve things, they will be wrong.

She failed to get the media the conviction they wanted of the officers in Baltimore, thus she is of no use to them now.

Seeing this thread come up in the lounge again reminded me of this:
http://www.baltimoresun.com/ne...-20160912-story.html

Maryland Gov. Larry Hogan appointed to the bench Monday a former Baltimore city prosecutor who recently made headlines for quitting her job after raising objections to the continued prosecution of officers charged in the Freddie Gray case.

Hogan appointed former prosecutor Lisa Phelps as a Baltimore County District Court judge on Monday, filling one of two vacancies on the court.

Phelps was one 18 potential judges recommended to the governor by the judicial nominating commission for Baltimore County. Hogan also appointed Keith Pion, a prosecutor in Baltimore County, to the Baltimore County District Court.

Hogan, a Republican, praised Phelps and Pion as "the most qualified candidates" for the jobs.

"Their legal experience and expertise have prepared them well to be strong advocates for the law and the people of Baltimore County," Hogan said in a statement.

Until late July, Phelps had been an assistant state's attorney in Baltimore since 2001. She resigned days after State's Attorney Marilyn J. Mosby dropped the charges against three of the six officers charged in the arrest and death of Gray, whose death from injuries sustained in police custody sparked unrest and protests in Baltimore last year.
Veteran in Mosby's office who objected to continuing prosecution in Gray case quits
Veteran in Mosby's office who objected to continuing prosecution in Gray case quits

By then, three of the officers had been acquitted by a judge. The trial of a fourth had ended in a hung jury.

In May, Phelps had been assigned to prosecute two of the three outstanding cases. Sources close to Phelps told The Baltimore Sun she had raised concerns over whether one of the cases should move forward.

Phelps' long career in Baltimore focused chiefly on prosecuting homicide cases. In 2012, she became chief of the special victims unit. In 2015, newly elected Mosby appointed Phelps as head of training.

In a memo announcing Phelps' departure this summer, Mosby praised her "storied" career. The state's attorney's office declined at the time to discuss Phelps' resignation, as did Phelps, who also did not respond to requests for comment Monday.
Charges dropped, Freddie Gray case concludes with zero convictions against officers
Charges dropped, Freddie Gray case concludes with zero convictions against officers

She earned her law degree from the University of Baltimore School of Law.

Pion has been chief of the Baltimore County state's attorney's juvenile crimes division since 2015. He graduated from the Catholic University of America.

ecox@baltsun.com

twitter.com/ErinatTheSun

A minor update to former Baltimore mayor Stephanie Rawlings-Blake.

Rawlings-Blake let the rioters "do their thing" and made a comment that she would let them have "space" for their violence.

The city was burning and eventually the Maryland Governor told her he was sending the National Guard in to restore order, whether she requested it or not.

Blake did not run for reelection this past November.

http://baltimore.cbslocal.com/...ake-finds-a-new-job/

Stephanie Rawlings-Blake has started SRB & Associates, a consulting firm.

The former mayor says that she will “find winning solutions for cities, business, campaigns and the individuals who will move our country forward.”

As part of her pitch for business, Rawlings-Blake said she brings “a track record of success”

“As a council member, city council president and most recently as mayor, I have tackled the most intractable problems in American cities and have become a national leader,”

********************
Perhaps "tackling intractable problems" is easier than solving intractable problems.