Typically, if prosecutors commit a Brady violation, is the case dismissed? Or is it merely grounds for an appeal?

quote:

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

Good. That means the racist bitch is scared. Good. Very good.

Reap it, Quashanda or whatever the fuck your name is.

material is a bit disjointed, but here are some notes from Donta Allen statement to police the day of Gray's arrest.

Allen was the only other prisoner in the van.

judge denies defense request to dismiss the case or allow Donta Allen's statement to police in w/o putting him on stand for cross.


sounds like the original statement could be introduced, but only if prosecutors get chance to cross examine

"Originally posted by sdy:
material is a bit disjointed, but here are some notes from Donta Allen statement to police the day of Gray's arrest.
Allen was the only other prisoner in the van."

If Donta's statement is videotaped, and contradicts later statements, would the court throw out all of his testimony, or would they give weight to the first testimony?

Prosecutor Schatzow says in opening:

Gray was injured because he got a rough ride

there has been zero evidence so far that there was a rough ride

now prosecutor introduces this:

A key point for prosecution is that they say van is shown on surveillance tape blowing a stop sign, and crossing center line

Schatzow alleges Goodson "bounced him around" because Gray had "caused a scene" during his arrest

"An accident can be just an accident, and the cause can be the person himself," def atty Graham says

Defense says they'll present evidence that medical examiner initially believed Gray's death was a "freakish accident" but changed


these notes are coming from Baltimore Sun live coverage at

http://live.baltimoresun.com/E...case_live_coverage_2


Defense plans to call Donta Allen.

prosecutors believe Officer Novak coached Allen on what to say before his initial recorded statement to police

Novak denied that at grand jury though, Schatzow said. Novak testified at grand jury because the state gave him immunity in the Gray case.

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

overlaps earlier post, but more coherent

http://www.baltimoresun.com/ne...-20160609-story.html

On Thursday, Goodson's trial began with an extended discussion on a motion by the defense, unsealed Wednesday, requesting that the entire case be dismissed because prosecutors had failed to disclose another, extended proffer session they had with Allen a year ago, not long after the charges against the officers were brought.

Andrew Graham, Goodson's attorney, said Allen repeated his initial statement to police at that meeting , and that the evidence was therefore exculpatory and required to be handed over by prosecutors.

Judge Williams repeatedly slammed Schatzow, Baltimore's second highest ranking prosecutor, for insinuating that Allen's statements during the proffer session were not exculpatory.

Schatzow argued that Allen provided nothing at their meeting in May 2015 that required disclosure to the defense, and described Allen's comments there as entirely unreliable and contradictory — so much so, in fact, that they don't intend to call him as a witness.

Williams noted that prosecutors had previously tried to discredit Allen's statement to police by saying he had been high on heroin and Xanax when he gave it.

In part because of that, Williams said, the subsequent proffer session with Gray was "classic exculpatory evidence" in that, during that session, Allen repeated the thrust of his statement to police in a different environment where he is not alleged to have been high or under the pressure of police.

Attached to the documents released Wednesdaywas a transcript of Allen's taped statement to police the day of the incident. In it, Allen told police that it sounded like Gray "was banging his head against the metal, like he was trying to knock himself out or something."

Allen said he thought there was "a dope fiend" on the other side of the divider purposefully banging his head, four or five times. "It was like — he wasn't doing it hard and [expletive], but he was definitely banging himself in the head. I know he was."

Allen also said that it was a "smooth ride."

no wonder the prosecution didn't call him as a witness

Allen was put in the van at stop 4. The prosecutors argue that Gray was injured before stop 4. If Gray was banging his head after stop 4 , that destroys the argument that Gray was denied medical help after his injury

It would also completely prove no rough ride caused the injury

more first day testimony

4th pros witness: Lt. Scott Dressler, who testified he trained Goodson at academy in 1999 on how to place, seat belt prisoner in patrol car.

Graham on cross: Training had "nothing to do with police prisoner vans, did it?"
Dressler: "No."

Dressler said its a two-person job to secure prisoner belt in back of cruiser, with officers going in on either side - not applicable to van

3rd pros witness: Herbert Reynolds, of Secret Service. Says he taught class on 1st aid care/assessments for BPD ofcs in 1999. Goodson passed

Reynolds says he taught that officers who think someone is faking should still seek medical care. "A doctor should make that determination."

nice classroom answer

5th pros witness: Ofc Dennis Smith, was Goodson's field training officer in 2000. Says he trained Goodson on using police vans, seat belting

Fraling, Goodson's atty, crossing Smith, asks if officers have discretion not to seat belt prisoners if they are being combative.

Smith: Yes

Fraling asks if Smith trained Goodson on seat belting combative prisoner

Smith: We talked about it.

Judge: Not the question. Train?

Smith: No

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

It's looking like Goodson will be the next officer to beat the crooked system. That stupid whore-placater of the masses Mosby is getting closer to answering for false arrest and charges. Add in that the savages will burn that turd of a city to the ground and its win win all around.

first day done, second degree murder trial

Who did the prosecution present as the 7 witnesses of the day?

#1 Capt Bartness re BPD policies

#2 officer testified he handed Goodson policies hospital details in 2014

#3 guy who taught first aid care in 1999

#4 Lt Dressler who taught Goodson in 1999 how to belt in a patrol car

#5 training officer fm 2000 (16 yrs ago)

#6 lab tech who took pics of van

#7 general services person about seat belt purchases


how pathetic

I really wish Mosby was the prosecutor in this trial, rather than her flunkies

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

I want to thank you again for your coverage of the trials sdy.

You are welcome. But no need to offer thanks, I have an ulterior motive. This is one of those stories that you can't really understand w/o digging into the details.

I would like as many people as possible to see how corrupt these prosecutors are. And what a railroad job this has been from the start.

Day 2 of Ofc Goodson's trial (fm Baltimore Sun):

Pros witness #1 Dr Carol Allan, who performed Gray's autopsy,

Allan said prev that alleged comment made by Porter that Gray said he couldnt breathe at stop 4 was crucial to her "homicide" ruling, but, For this trial Williams has ruled that the comment can't be introduced, and it has been redacted from the autopsy

State's questioning of Dr Allan relatively brief; she didnt testify how she determined Gray's death to be a homicide,

She briefly explained what the injuries were, and what effect they have on body. Then said cause of death (neck injury) & manner (homicide)

State then asked Allan to flip through report, & said "is your opinion still the same?" She said yes, and that was it

Defense trying to get Allan to say she initially believed Gray's death was an accident; Allan firmly denies

"I had an open mind on day of autopsy, but after getting timeline of what happened, I said, 'This is not an accident,' to myself," Allan says

in Porter's trial, Allan said the most likely scenario was that Gray stood up and then fell over to strike his head

Allan said Gray did not show any signs of having asthma.

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

Interesting to me that the coroner is tying a homicide ruling to a timeline. Anyone have an explanation on that approach?

This has been one of the most informative, eye opening threads I've read on any forum. Thanks for the updates. The officers chose well for a non-jury trial. This whole charade should never have been played out in a courtroom.

Testimony in Officer Goodson trial. Monday 13 June

http://www.baltimoresun.com/ne...-20160613-story.html

Officer Porter was called to testify in this 3rd day of the trial.

They succeeded in getting Porter to testify that Goodson, as the van driver, was primarily responsible for Gray, and that Gray was not combative — even docile — as he requested help during a later stop of the van.

"Did you have the opportunity to seat belt him?" Chief Deputy State's Attorney Michael Schatzow asked Porter.

The officer sighed and paused before responding: "I guess so."

Porter said on the stand Monday that he told Goodson that Gray should be taken to a hospital. But he also said he never observed any serious injury to Gray. After the van's fourth stop — a time when the medical examiner has determined Gray was already seriously injured — Porter said Gray used his legs to support his weight as Porter helped him up.

Porter testified that Gray was face down on the van floor, and Porter asked him, "What's up?" Gray responded, "Help," and asked to be helped up to the bench inside the van. Porter said he climbed in, and helped Gray to get himself onto a bench.

Schatzow had Porter read portions of a transcript of his interview with investigators last year, in which he did not say that Gray was able to get himself up with Porter's assistance.

Porter testified Monday there was "no possible way I could lift a 150-pound man in that tiny compartment" alone, and said he hadn't been more specific in his initial interview because he wasn't asked.

One of Goodson's attorneys, Matthew Fraling, asked Porter why he personally didn't call a medic for Gray.

"I didn't see any immediate medical distress from Mr. Gray," Porter said.

defense attorney Andrew Jay Graham also said the use of seat belts in transport vans was generally rare.

Before concluding the proceedings, Williams noted that prosecutors submitted evidence Monday that they had not previously shared with the defense.

Defense lawyers are now reviewing the latest information to see whether they need to file any additional motions

Doesnt the prosecution have to disclose evidence to the defense prior to introducing it?

quote:

Originally posted by TKO:
Doesnt the prosecution have to disclose evidence to the defense prior to introducing it?

Yes, except in Baltimore....as we have seen numerous times already.

Donta Allen was interviewed a second time by the prosecutors last year and the prosecutors didn't tell the defense about the second interview. Allen repeated his initial statement that Gray was hitting his head after Allen was put in the van.

The only way that came out was when Allen's attorney contacted the defense and told them about it. So Judge Williams told the prosecutors they had until the end of Monday to disclose any other information that they had not disclosed.

It is not publicly known what new information the prosecutors shared with the defense on Monday.

Ok, so this was part of that. I read that part in your updates last week.

Goodson trial. testimony from Tuesday 14 June

began today with continued testimony from Det Boyd, walking through available video evidence

On cross, defense asked Boyd if in his review of video evidence he ever saw van stop or turn abruptly. "No sir," Boyd says

video here where prosecutors say it shows a rough ride:

https://twitter.com/search?q=%23GoodsonTrial&src=hash

not very impressive

Det Edward Bailey, who conducted audit on seatbelt use, on stand now. He testified at Nero trial that audit showed near-full compliance

after defense objection, Bailey's audits for van seatbelt compliance not allowed to be admitted as evidence

state calls city jail warden; under cross she says Freddie Gray had claimed overdose & been previously rejected frm jail

Defense asked if warden knew whether Gray was previously rejected; she said yes, in Dec 14. "He believed he had poss overdose"

Prosecution's "rough ride" theory still not discussed in detail. Only witness who reviewed CCTV said no evidence of abrupt turn, stop, start

state has not rested but a def witness is now on stand. This is typically result of a schedule conflict

The defense witness is Dr Jonathan Arden, the former DC medical examiner.

Arden, def medical expert, testifies that Freddie Gray's death should have been ruled an accident

"There is no evidence I have seen that indicates this injury ... was suicide, or occurred at the hands of another person," Arden testifies

Defense neurosurgery expert Joel Winer is on the stand. Testifies Gray's injuries were sudden, effects complete

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

5th day testimony ofc Goodson

Parties have been in a bench conf since we started, going on 30 min. Prosecutor Bledsoe's body language indicates frustration

Trial today in Goodson case begins with long bench conference; clear prosecution's unhappy; Bledsoe shaking head, walking away, etc

Turns out they were discussing evidence violation last week: over weekend state turned over bunch more evidence never disclosed to defense

Biggest: Detec wrote note that med examiner indicated at early meeting Gray's death could be accident. (Contrasts w examiner's testimony)

defense pledged in openings they'd show Dr Allan thought death was accident, but she denied on stand, and that seemed to be that..


Also just disclosed: Kevin Moore, who shot video of Gray's arrest, told police he's never been seat belted in vans but ways to brace anyway



Williams says defense can introduce that evidence from Det notes now as remedy for prosecution failure to disclose; wouldn't have been admissible otherwise

The detective who wrote the notes is Dawnyell Taylor, who is listed in indictment as lead investigator but has never been called at 3 trials

wonder why

the prosecutors should be charged (MHO)

From previous reporting: a rift opened between Detective Taylor and prosecutor Bledsoe. They argued about the knife that Gray was carrying and whether it was legal under city or state law. Since August, they have had little communication

now the prosecutor's rough ride expert testifies

Neil Franklin has taken stand to testify as state expert on police training, procedures

Judge accepts Franklin as expert in police training, policies, procedures, practices. Defense had questioned knowledge of wagon transports.

Was asked generally about what rough rides are, how handcuffs and shackles would contribute

Franklin was not asked by state if Gray actually got a rough ride, however

Franklin just suggested under def questions that Gray was hurt on street, which is not in evidence and not state contention

Fraling (Def attorney): In review of CCTV, see any unexpected acceleration?
Franklin: No.
Fraling: Deceleration?
Franklin: No.
Fraling: Turn?
Franklin: No.

Fraling: In your expert opinion, did Goodson give Gray a rough ride?
Franklin: "I can't say for sure."

Fraling: What's basis of rough ride knowledge?
Franklin: Growing up in Baltimore, stories.
Fraling: Studied? Written about?
Franklin: No. No

Fraling: What's a 10-15?
Franklin: I don't know
Fraling, 1 eyebrow up: "Aren't you testifying as an expert on general orders..policies & procedures?"

A 10-15 is police code for a request for a wagon.

Court says we will NOT have access to defense's (just-submitted-in-writing) motion for judgement of acquittal until tomorrow.

Judge Williams also mentioned that defense may "truncate their case."

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

quote:

Originally posted by sdy:
Judge Williams also mentioned that defense may "truncate their case."

Ouch!!! That doesn't sound good for somebody.