quote:

Originally posted by sdy:
Baltimore Sun says Judge Williams ruled there will be no discussion of the knife Gray was carrying (not sure exactly what that means

It helps the defense:
"Defense noted that the State had identified an expert witness on knives, presumably for the purpose of testifying on the legality, or lack thereof of Gray’s knife. Their motion seeks to prevent such evidence and argument on this issue at trial.

You may recall that in initially bringing charges against the police officers involved in Freddie Gray’s arrest and transport, State prosecutors initially argued that the claimed probable cause for that arrest–Gray’s possession of a purportedly unlawful “spring-assisted knife” — did not in fact exist because the knife in Gray’s possession was not illegal as a matter of law."

That would seem to place the focus on Gray fleeing the police. The police had been ordered to focus on the intersection. When Gray ran unprovoked he became eligible to be stopped and arrested.

"Supreme Court case from 2000, Illinois v. Wardlow, "is so much at the root of what’s going on," Steve Zeidman, a CUNY law professor and police reform advocate, told Business Insider.

The ruling in that case found that cops have a right to stop people for fleeing at the sight of officers as long as other suspicious factors are at play — like a high-crime area.

"Headlong flight — wherever it occurs — is the consummate act of evasion: it is not necessarily indicative of wrongdoing, but it is certainly suggestive of such," Chief Justice William Rehnquist wrote for the majority."

As the "spring assisted" knife, Mosby's claim that it was legal is belied by "Prosecutor Mosby’s office has continued to charge and criminally prosecute defendants on the basis that they were found in possession of a “spring assisted knife.”

In illustration of this hypocrisy, the defense attached no fewer than 14 examples of prosecutions premised on possession of a “spring assisted knife” by Mosby’s office following their “lawful knife” claims in the Gray case."

Officer Nero trial has started this morning.

reminder: this is a trial where there is no jury. Judge Williams will make the guilty/not guilty decision.



Officer Nero



Mosby arrives for trial


Defense already has brought up that the prosecutors had asked for enhanced drug prosecution in the area where Gray was arrested

A police witness testifies that using the seat belt is a requirement. Defense asks "is it policy, not Maryland law?"

Prosecutor objects to the question. Judge Williams: "I know it's not, so it's sort of irrelevant. So sustained."

seat belt policy was implemented just days before Gray's arrest. Was not mentioned in roll call.

police witness (Bartness)agreed that there is overarching discretion to policy

Defense (Zayon)

On cross,Zayon pushes back. "We don't hire police officers to be robots, correct?" Bartness agrees.

Bartness: "We make discretionary judgements every day in our roles."
Zayon: "It's part of being a cop."
Bartness: "Yes."

Prosecution 1st witness: testifies about seat belt policy (that is not law)

Prosecution 2nd witness: field training officer coordinator when Nero was in the academy.

Prosecution 3rd witness: Crime Lab Technician who took pics of van

Prosecution 4th witness: with city dept of general services, who testified about police van purchases and seat belt purchases.

Prosecution 5th witness: Police trainee who on May 27, 2015 was used to demo how someone could move around, kick, shake back of van.

this sounds pretty pathetic so far,
Judge Williams heard all of this in Porter's trial that resulted in mistrial

prosecution witness BPD officer from inspection unit:

- did two audits of seatbelt use in arrest vans in 2014
- The inspections officer said that out of 18 vans checked, only one failed, showing seatbelt use was not uncommon

- But on cross, Zayon noted officer was checking van drivers for compliance. "Isn't that bc the cab driver has the resp to belt detainees?"

- The officer agreed. Zayon tried to ask what happened to van drivers who didn't follow policy, but state successfully objected

too bad the objection was allowed. If van drivers weren't punished for not using seat belts before, why now ?

Two more training officers testified for prosecution.

Trainer testified that arrestees are turned over to wagon drivers. Says wagon drivers post-Freddie Gray now specifically taught on it

Pressed by Zayon on whether officers can ever give up if detainee is combative, trainer disagrees, says they must be secured

Testimony done for today

This message has been edited. Last edited by: sdy,

quote:

Originally posted by sdy:
Officer Nero trial has started this morning.

reminder: this is a trial where there is no jury. Judge Williams will make the guilty/not guilty decision.

Defense already has brought up that the prosecutors had asked for enhanced drug prosecution in the area where Gray was arrested

A police witness testifies that using the seat belt is a requirement. Defense asks "is it policy, not Maryland law?"

Prosecutor objects to the question. Judge Williams: "I know it's not, so it's sort of irrelevant. So sustained."

seat belt policy was implemented just days before Gray's arrest. Was not mentioned in roll call.

police witness (Bartness)agreed that there is overarching discretion to policy

Defense (Zayon)

On cross,Zayon pushes back. "We don't hire police officers to be robots, correct?" Bartness agrees.

Bartness: "We make discretionary judgements every day in our roles."
Zayon: "It's part of being a cop."
Bartness: "Yes."

Where are you listening/watching? And, thanks for doing a terrific job with the updates.

Day 2 of Ofcr Nero trial

Brandon Ross testifies. He was w Freddie Gray the day of the arrest.

************
Ross had testified in Porter's trail. As reported earlier:

Ross has previous convictions of attempted murder and manufacturing drugs.

Ross was arrested in June 2015 for alleged probation violation.

Charges against Ross were dropped.

Ross has a long rap sheet
**********

Ross talks about how Gray was "assaulted" by police. Ross also previously lied that Gray was tased.

Ross says Gray ran before he saw Officer Rice.

what a coincidence


defense attorney: asks Ross if drugs sold in Gilmor Homes

Ross: "Where drugs not being sold at in Baltimore City?"

Brandon Ross, who testified this morning at Nero's trial, is being held at the Baltimore City Detention Center while awaiting trial on an assault charge from March.

Ross, 31, was one of three men accused of stabbing another man in Sandtown-Winchester on March 15, 2016 according to charging documents.

Ross is scheduled to go on trial on July 14, 2016 on charges of first-degree assault, second-degree assault, conspiracy to commit assault, reckless endangerment and using a dangerous weapon with the intent to injure, according to court records.

After his testimony today, Ross was taken away in handcuffs.

this case makes me sick. what unbelievable bullshit

Prosecutors play recording of Nero's initial statement:

Nero describes Gray as uncooperative, at initial stop when police van shows up.

Nero said in recording several people in crowd asked why the officers had tased Gray, even tho Gray wasn't tased.

Gray didn't want to move, didn't appear hurt. "It seemed as though he just didn't want to go."

Nero waived LEOBR &Miranda

Nero cited his experience as EMT, said Gray was screaming and resisting, asked for inhaler, but did not appear to actually be in distress.

(Nero previously was volunteer firefighter and EMT)

testimony done for today. Miller and Porter have not testified yet. Judge Williams thinks the trial will be over next Wednesday.


Another summation for today:
http://www.courthousenews.com/...eddie-gray-trial.htm

Prosecutors again struggled to bring credible evidence or decisive witness testimony in the bench trial of Baltimore Police Officer Edward Nero on charges related to the arrest of Freddie Gray.

Three witnesses took the stand in the prosecution's case and testified about the circumstances of the 30-year-old Nero's involvement in Gray's arrest and transport, which led to Gray's critical spinal cord injury and eventual death.

State witness Stanford Franklin, executive director of the Law Enforcement Against Prohibition and an expert on police training, policy, procedure and practices, testified that Nero had not acted as a reasonable officer would have when he detained Gray.

However, he recanted on cross-examination, saying that the officers who arrested Gray would have been reasonable in waiting to get more information regarding a supervisor's order to pursue Gray in a foot chase.

Franklin also said acknowledged that, despite prosecutors' assertions that Nero and fellow officers did not follow general orders, officers are required to use discretion in the field when making arrests and to make decisions based on officer safety.

Brandon Ross, a friend of the 25-year-old Gray who was with him the morning of the arrest, was the first witness to take the stand and left the courtroom in handcuffs on charges unrelated to the case.

Ross also contradicted all police reports regarding the events of April 12, 2015, when he testified that Gray had started running away as police approached before he ever made eye contact with Lt. Brian Rice, who also faces charges in retaliation to the incident.

During cross-examination by Nero's attorney Marc Zayon, Ross also admitted to making a 911 call using an alias to report police misconduct. Ross said he used the fake name to protect himself from police harassment.

Prosecutor Janice Bloodsoe called Det. Michael Boyd, who investigated the allegations against officers involved in the arrest within six hours of the incident, explained the various places where the arrest took place, but did not provide much evidence to help the prosecution.

Testimony is expected to resume on Monday when fellow officers William Porter — whose trial in December ended with a hung jury — and Garrett Miller are expected to take the stand.

This message has been edited. Last edited by: sdy,

This case is for Officer Nero.

Today Officer Miller was called to testify for prosecution.

Baltimore Sun:

For what's believed to be 1st time in Md legal history, co-defendant testifies against fellow defendant as Ofc Miller took stand

(Miller's trial is in July)

prosecutor Schatzow questions Miller. Points out apparent contradictions in his testimony to his previous statement

lesson to all

Miller says Nero did not participate in initial stop

At 2nd stop, Miller testifies that he was the one who replaced his handcuffs on Gray w/ flex cuffs and put the leg shackles on Gray as well.

Miller says Rice pulled and Nero lifted Gray back into van.

Miller testifies that Gray was "banging around" inside the van at Baker and Mount. He says he and Nero left the scene after the van left.

Miller, whose own trial is in July, answers all of prosecutors' questions, tho Nero's defense made numerous objections that were sustained

Miller took much of the responsibility for arrest.

Miller says Lt Rice told him they were patrolling area bc of need for additional enforcement. Nod to Mosby email, "high-crime area" argument

defense (Zayon) is taking Miller back through his testimony and statements, having him repeat that he was the one who cuffed Gray, not Nero.

Zayon asks Miller why he used "we" in parts of statement re Gray's arrest. Miller says he's used to that wording from working closely w Nero

Zayon: One person handcuffed Gray?
Miller: Yes
Zayon: "And that one person is who?"
Miller: "That was me."

Miller say it's normal to debrief arrestees at district stations before taking to Central Booking "to find out more about crime in the area"

Miller says Nero's role was limited to helping Gray look for inhaler at 1st stop; helping Lt Rice load Gray back into van at 2nd stop.

Miller is finished on the stand.

Miller sounded like a good witness for the defense

but may have put himself at risk

2 and a half days in, and IMHO, prosecutors have nothing so far

Gray's knife, first cited by prosecution as reason Gray's arrest was illegal, hasn't even come up yet

Def tried to bring it up in Miller's cross, asking if he found anything while searching for Gray's inhaler. Objection sustained

??

Wow. Prosecution rests its case. That is all they have.

Defense has started.

If Judge Williams convicts Nero, the whole police dept should walk out.


proceedings over for today.

former Charlottesville Police Chief Longo testified for defense.

Longo testifies seat belting is ultimately the responsibility of van driver

Longo testifies officers rarely have all the information about why foot pursuits are called out when they initially make associated stops.

*********************

Testimony has repeatedly been that the van driver is responsible for seat belting the person arrested.

Yet in all the reports on this case, the van driver has just acted as the driver. It always has been recorded on videos and through testimony that the arresting officers are the ones interacting w the prisoner.

BTW, as best I can tell, Officer Porter was never called by the prosecution. They had argued to the Appeals Court that his testimony was critical.

*******************

some other inputs questioning the effectiveness of the prosecutors:

http://www.baltimoresun.com/ne...-20160516-story.html

On Monday, Officer Miller answered prosecutor Schatzow's questions with mostly short responses.

Defense lawyer Zayon frequently objected as Schatzow sought to question Miller's truthfulness by reading his statements to police investigators and contrasting them with his testimony. Judge Williams sustained many of the objections, preventing Miller from answering.

"It can't be done this way," Williams told Schatzow, causing prosecutors to huddle at the side of their trial table.

Warren Alperstein, a defense attorney who is not involved in the case but has been watching the proceedings, said Miller "helped the defense a great deal" with his testimony, making it "abundantly clear" that he arrested Gray, not Nero.

The state was "at a disadvantage" in calling Miller because it wasn't able to interview him before compelling him to take the stand with the court's backing, Alperstein said.

In his early statement, Nero had said "we" arrested Gray. On the stand Miller said just he arrested Gray initially.

After the state rested its case, Zayon asked Circuit Judge Barry Williams, who is deciding Nero's fate instead of a jury, to grant a motion for judgment of acquittal, saying the state's assault case was based on "one misstated pronoun." Schatzow countered that it was about Nero's "own words and statements."

Williams denied the motion, saying the state had met its minimum burden for the case to proceed.

From the reporting that has come out so far, Miller sounds like a stand up guy.

This message has been edited. Last edited by: sdy,

Day 4 of Nero trial, Defense presenting case

Baltimore Sun:

Officer Jackson (witness): didn't recall new seatbelt order being read at 4/12 roll call & had never been trained on who should seatbelt arrestees

Sgt Himes and Jackson: Both Himes & Jackson testified that they have never seat belted an arrestee. Himes is a 16 yr vet

Ofc Aaron Jackson, who responded to Gilmor for crowd control during Gray arrest. Said he saw van shaking

next defense witness is Sgt Charles Sullivan, Nero's field training officer

Sullivan says Nero was not trained on transporting prisoners. A supervisor who didn't actually train the officers checked off the box that Nero had been, "to move him thru training," Sullivan says

former Assistant State's Attorney & current Assistant AG Michelle Martin (Def witness): Martin trained officers on the 4th Amendment & "Terry stops." Prosecution is objecting; judge said earlier to defense: "me, law; you, facts"

Martin says she taught officers that someone fleeing unprovoked from officers is a factor that can lead to reasonable suspicion

trial over for today

Defense will finish tomorrow, closings will be Thursday

This message has been edited. Last edited by: sdy,

I have to wonder what is Mosby's game here. It must be that she believes she can win convictions and boost her potential political ambitions. I suspect that she is an aggressive person and believes that if she pushes hard enough, she will get what she wants. If she can throw the LEOs under the bus in the process, that is just collateral damage.

However by now most in the US have grown more than weary of the BLM attitude, and the court system should see through this as well. So in the end Mosby wastes fantastic amounts of the city's money, but perhaps she thinks she will look good whether she wins or loses. Courting the BLM vote, as well as the vote of any other idiots, is therefore her goal.

As plans of both mice and men often go awry, Mosby's days of power and abuse may be over after this trial. Who would hire such a person, except the BLM type? Three or five years from now, most likely Mosby will be only known as an idiot who got nothing for prosecuting the LEO's. Perhaps after all this is over her actions will advertise how not to run a DA's office.

This message has been edited. Last edited by: c1steve,

quote:

Who would hire such a person

Mosby's actions are consistent w the Obama / DoJ / Democrat Party war on law enforcement.

This really isn't complicated. Democrats cannot tell the inner cities that their own actions are causing their despair and hardship. (Dems need the votes. Indeed the inner city votes are absolutely critical to Dem political success)

So Dems have created the fantasy that police are the oppressors. Punish the police.

If Obama really had the slightest care about black people, he would hammer the fact that 6,000 young black men kill another 6,000 young black men every year. Every year for decades.

By unjustly attacking law enforcement nationwide, Obama has triggered the deaths of hundreds of additional young black men.

Mosby is following the Obama "doctrine" of pushing a political agenda to stay in power, while their actions hold their voting base locked in poverty, crime, and addiction to govt.

quote:

If Obama really had the slightest care about black people, he would hammer the fact that 6,000 young black men kill another 6,000 young black men every year. Every year for decades.

If BHO together other Black Democrat Politicians were to start hammering away on this theme and emphasizing that all of this and much of the similar Hispanic crime is almost all gang related they would at least be honest.

I think their problem is that the steps which would have to be taken to curb the problem, steps like the "stop and frisk" program in NYC, would totally alienate most of their white liberal voters.

Honesty will not pay off for them at election time.

I admit to not following this case once it went to court except for what's been posted here.

But if that's all the prosecution has, why did this ever go to trial? There's no, zero evidence to support the charges. I don't understand why the case hasn't been dismissed already. Seems a huge circus and waste of taxpayer funds and limited DA resources.

quote:

Originally posted by Kadin:
I admit to not following this case once it went to court except for what's been posted here.

But if that's all the prosecution has, why did this ever go to trial? There's no, zero evidence to support the charges. I don't understand why the case hasn't been dismissed already. Seems a huge circus and waste of taxpayer funds and limited DA resources.

This is why I believe much of this is about votes and political ambition for the DA. Mosby does not care what it costs in dollars, justice, safety, etc. as long as it furthers her political agenda (Mosby to higher office).

Today is Wed, 5th day of trial
Defense presenting final witnesses

Baltimore Sun source:

Defense and prosecution agree to stipulation that area of Gray arrest is a high crime area. one of the elements permitting officers to chase, detain

The stipulation means defense won't be calling former top Mosby official who directed police to step up enforcement there

too bad. they should show Mosby to be the total lying POS that she is

Def witness Officer Novak testifies. He was immunized by state to testify at grand jury, but the prosecutors never called him as a witness for this trial (or Porter's trial)

Novak wasn't on stand long; discussed what he saw that day, training he's received on Terry stops.

Def witness Capt Reynolds former director of training for BPD

Reynolds: Nero's actions were reasonable at both stops where he interacted with Gray

General Orders are "general guidelines for officers to follow," but one, C2, allows officers to use discretion w regard to others.

gen order outlining how updates to other orders get distributed - incl at roll call - werent followed re change to seatbelt policy

Reynolds said it's impossible to seat belt someone with 2-part "spaghetti like" belts in vans without exposing yourself to being assaulted.

Defense rests

Circuit Judge Barry G. Williams said he will issue a verdict Monday morning.

This message has been edited. Last edited by: sdy,

few more odds and ends on the trial

Officer Nero will not testify. "I wish to remain silent," he says when advised of right to testify

Defense made motion to dismiss indictment, alleging prosecutors in bad faith stalled the trial mos ago saying they needed Porter as witness

Then Porter was not called. Schatzow said based on judge rulings in case, they decided against calling Porter; was in good faith

Closing arguments - 45 minutes for each side - will begin in Nero trial at 10 a.m. tomorrow.

The knife never came into evidence. Was state's initial reason for charging, then seemingly a defense justification for the arrest

Zayon filed motion alleging prosecutorial misconduct, stalling trials over Porter testimony then not calling Porter was in bad faith. Denied

********************

Mosby initially made a big deal that the knife was legal in Maryland and that Gray's arrest was illegal. After a few days, reports came out that the knife was illegal in Baltimore. Would have been a big embarrassment to Mosby if the knife had come up in the public trial. Judge Williams would not let the defense bring it up.

From what I have seen, my impression is that the evidence fully exonerates Nero. Is that what it looks like to those watching the trial more closely? Also the judge plan on giving his ruling on Monday, this makes it appear that the facts point to a clear decision.

Closing arguments today.

These prosecutors keep saying things that are just mind numbingly stupid & biased.

Judge Williams repeatedly pressed prosecutor Bledsoe about whether it is a crime every time a cop arrests someone w/o probable cause

Bledsoe did not seem to want to be pinned down on it, but eventually said "it is a misconduct,"

"That's what happens in the city all the time. People get jacked up all the time," Bledsoe said

Bledsoe also said she believes any time an officer touches someone, it is an assault and on them to justify it

Williams: "That's a separate issue ."
Bledsoe: "No it is not a separate issue."

Prosecutors grudgingly conceded officers had right to pursue & stop Gray under Wardlow decision, but failed to follow next procedures

Prosecutor Schatzow: Schatzow says officers, by not asking Lt Rice why they were pursuing Gray, did not perform a reasonable "Terry stop"

Nero and Miller were acting on orders from LT Rice


Or they could have asked Gray, prosecutor Schatzow says.

ask Gray ????

"I don't understand the argument that it is resp for anyone to ask Mr Gray q's," Judge Williams says

"Somebody's gotta use logic, judge, and we're counting on you," Schatzow says

Schatzow says you don't need to be a 20 yr vet to know a prisoner should be seatbelted, talks about how everyone knows that

But judge interjects, saying defense wanted to discuss law and standards in other jurisdictions but state objected & it was blocked

remember other jurisdictions didn't have seat belts in their vans

They spent time on issue of who has custody and control of Gray once placed in van. State says Nero never transferred to van driver

Nero "knows the wagon driver is not going to seatbelt him" and had obligation to step up & get it done, Schatzow said




"Putting someone in a prone position when they are cooperative is excessive force," Bledsoe said

Gray was extremely uncooperative. it is on video

Bledsoe argued could be "accessory liability" for Nero for what Miller did. Williams was skeptical, pointed out there's no conspiracy charge

Bledsoe accused Miller of lying about Nero's role "to help his buddy." "He has immunity.." "That you gave him," Williams interjected

Judge Williams asked far more questions of state, kept hitting certain points & seemed highly skeptical of case

he would have to be brain dead not to be "highly skeptical"

Defense closing:

Zayon said law was clear that officers committed no crime. "Like it or not, that's the law," he said

"They may not like it, & I don't particularly like it, but the law allows it," Zayon said of Gray's stop & detention

Zayon says though he believes officers were right, "it's not abt wrong or right. The standard is were they so wrong that it was unreasonable"

State says Miller & Nero's use of "we" in comments describing arrest show Nero made the arrest

the initial statements were given before the officers knew they were going to be charged

On reckless endangerment count, Zayon says general orders are not laws and are a "red herring" to the case

Judge to provide verdict 1030 Monday morning.

quote:

Originally posted by c1steve:
From what I have seen, my impression is that the evidence fully exonerates Nero. Is that what it looks like to those watching the trial more closely? Also the judge plan on giving his ruling on Monday, this makes it appear that the facts point to a clear decision.

From the unbiased summaries I've read, it looks like a prosecutor who desperately tried to build a case against someone despite very little to work with.

Bench or jury, guessing what a verdict will be is fool's play. Nonetheless, given the evidence presented at trial, it's hard to see how he is anything but not guilty of the charges. Does the rule of law still apply in a place like Baltimore?

This account of the closing arguments is a better summary than what was provided earlier. It confirms how bizarre the prosecutors' arguments were.

http://www.baltimoresun.com/ne...-20160519-story.html

Williams repeatedly peppered the attorneys with questions, picking apart their legal theories and challenging their assertions about evidence or facts in the case.

"I'm trying to figure out what you're arguing," Williams said of the state's theory of assault.

He later appeared incredulous when Schatzow argued that the assault charge was based on Nero's failure to ask Gray or Lt. Brian Rice, who called out the chase, about what had prompted the stop.

"If he asks Mr. Gray questions, without information from Lieutenant Rice, how is it going to help him?" Williams asked.

Schatzow acknowledged that it might not have helped Nero, but he still should have done it.

"I don't get it," Williams said.

Williams also questioned prosecutors' assertion that Nero was responsible for placing a seat belt on Gray in the back of the police van, in part because Nero never transferred custody of Gray to the van's driver, Officer Caesar Goodson.

If that was the case, Williams asked, did Nero maintain custody of Gray after the transport van had pulled off?

Schatzow said that would be hard to argue, but suggested Nero knew Goodson wasn't going to secure Gray with a seat belt, which made his own failure to do so reckless.

Bledsoe said there was no case law that prevents prosecutors from arguing that Nero's general participation in the arrest made him criminally liable, even if another officer — Garrett Miller, who testified at the trial — had been more directly responsible. Williams noted that prosecutors hadn't charged Nero with being part of a conspiracy, which he said was because they couldn't prove it.

Williams said there was no evidence to show Nero was present when Miller moved Gray from the initial spot where he was detained. "You want me to attribute that movement to defendant Nero?" he asked.

"I do," Bledsoe said. "There's no case law to show we can't."

Bledsoe also suggested that Miller was lying when he took responsibility for handcuffing and moving Gray.

"It's clear why he testified that way," she said. "He has immunity …"

"That you gave him," Williams interjected.

"It's his buddy," Bledsoe said. "He knows if he says that, it will exonerate his buddy."

Both sides agreed in their closings that nothing about Gray's initial stop, before he was handcuffed and moved, was illegal. They also agreed that no assault was committed after Gray was searched.

In doing so, prosecutors ceded any argument that Nero was wrong to pursue Gray after Rice radioed that he needed help chasing him.

They also, without stating it outright, acknowledged that a knife found on Gray was illegal, therefore substantiating all of the touching of Gray after its discovery.

quote:

Originally posted by sdy:
Judge to provide verdict 1030 Monday morning.

At that point it should be 0-2 for the lying garbage working for Mosby's office.

And I might note these cases 'should' be the easier for the persecution to argue and win. If they can't win these on basic charges, they have 'zero' chance of succeeding on the more serious charges faced by the other officers.

From the beginning, the one saving grace in these cases has been the monumental incompetence of Mosby and her office. Guess the filth in Baltimore needs to start buying gasoline and matches because this isn't turning out as they demanded.