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Baltimore prepares for protests (Freddie Gray case) Update: 4th Circuit Appeals blocks suit vs Mosby Login/Join 
wishing we
were congress
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Baltimore Sun article

http://www.baltimoresun.com/ne...20160623-column.html

With precision, confidence and the no-nonsense style for which he is well known, Baltimore Circuit Judge Barry G. Williams today destroyed the state's case against Officer Caesar Goodson, exposing it as a vessel of clay and smashing it to bits.

When Williams was finished reading his verdicts, there was nothing left.

In fact, the way the judge saw it, there was nothing there to begin with.

as for the claim Goodson drove with a "depraved heart" and gave Gray a "rough ride" through West Baltimore, again Williams smashed away at the state's case. He called the use of the latter term "inflammatory" and said the state never showed that Goodson held any ill feelings toward Gray

During the 40 or so minutes it took Williams to read his opinions and announce his verdicts, he frequently uttered these phrases:

"Failed to show . . ."

"No evidence that the defendant knew or should have known . . ."

"Evidence does not show . . ."

"The facts have not been presented to this court . . ."

"The state failed to meet its burden . . ."

I would say Williams dismantled the case because that's probably a more precise word for the lesson in evidence and criminal liability he gave the state — and all of us — Thursday morning.

But "dismantle" does not do Williams justice. The judge really did smash the case to bits. It was clear less than halfway through the reading of his verdicts that Williams was thoroughly unimpressed with the state's assertions and clever speculations about Goodson's behavior during the ride through West Baltimore.

To hear the judge tell it, this wasn't even a close call.

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

oh yeah, "Mayor 2 names" gave Gray's parents $6.4 million before a suit was even filed.
 
Posts: 19759 | Registered: July 21, 2002Reply With QuoteReport This Post
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So a simple message to the Judge, thank you for your service. You did good!


Officers lives matter!
 
Posts: 3265 | Location: Arkansas | Registered: February 12, 2012Reply With QuoteReport This Post
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FOP lit into her pretty good today... Big Grin

Baltimore Police union president calls on Mosby to reconsider 'malicious prosecution


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Posts: 2689 | Location: Orlando Area | Registered: February 04, 2009Reply With QuoteReport This Post
Do---or do not.
There is no try.
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"With precision, confidence and the no-nonsense style for which he is well known, Baltimore Circuit Judge Barry G. Williams today destroyed the state's case against Officer Caesar Goodson, exposing it as a vessel of clay and smashing it to bits."

That lead paragraph was a piece of journalistic truth seldom, if ever, seen in a left-leaning newspaper.

Shows just how little a case the prosecution had.
 
Posts: 4602 | Registered: January 01, 2004Reply With QuoteReport This Post
Political Cynic
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can the judge decide to dismiss all of the other cases?



[B] Against ALL enemies, foreign and DOMESTIC


 
Posts: 54069 | Location: Tucson Arizona | Registered: January 16, 2002Reply With QuoteReport This Post
Fuimus
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quote:
Originally posted by nhtagmember:
can the judge decide to dismiss all of the other cases?


I'm sure the judge can since the officer today had the highest charge and two officers with the lowest charges were already tossed. I believe five officers all had the same lower charge.
 
Posts: 5369 | Location: Ypsilanti Township | Registered: January 20, 2003Reply With QuoteReport This Post
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I want to see Loser Mosby's shocked face as the Judge delivers the blow.
 
Posts: 3695 | Location: Texas Hill Country | Registered: July 24, 2009Reply With QuoteReport This Post
Age Quod Agis
Picture of ArtieS
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quote:
Originally posted by nhtagmember:
can the judge decide to dismiss all of the other cases?

Practically speaking, no. He may have the power under Maryland law; I don't know. It is incredibly unlikely that he would do so, as it would be seen as a political act, and not a judicial one.

The defense in each case will make a motion to dismiss as one of it's earliest motions. There is no incentive for the judge to rule before such a motion is made. In addition, it is tradition in US jurisprudence that the concept of "notice pleading" is how cases are managed. This means that the basic elements of the charge are alleged in the filing, but no evidence is presented at the moment of filing the case. The purpose of the trial is to gather evidence, match it to the charges, evaluate the credibility of witnesses and come to an decision. Anything that short circuits that process is highly unusual.

This judge seems inclined to let the state try to make it's case, and then pretty merciless when it comes to findings of facts and law with respect to those cases. As you can see from the transcript, he really didn't hold back on describing how weak the state's case is.

In any ordinary situation, there would be tremendous pressure on Mosby to drop these cases as unproductive wastes of time, money and credibility. This is nor an ordinary situation, and I suspect that everyone in the local Baltimore power structure is hoping that she gets at least one win on some charge somewhere so that they don't have to admit that the entire thing is a disaster.

The only thing I see that could derail this train is if the state bar, or a higher prosecutorial authority were to start investigating Mosby's office and her attorneys for prosecutorial misconduct or ethical misconduct as licensed attorneys, as happened to Mike Nifong in the Duke lacrosse case. Nifong was implicated in wrongdoing, (and was eventually disbarred), a higher state authority conducted an independent investigation into the charges, and came out and didn't just drop the charges, but declare the defendants to be innocent of any charges. That was almost unheard of.

I do not know if there is a higher authority in this judicial stack than Mosby, who is elected, so I don't know if there is an adult in the room who can step in and deal with this mess.

For her part, Mosby has to determine what is worse for her political career; sticking this out and continuing to lose, or cutting losses and going home. She also has to consider the political career of her husband, who is running for Mayor of Baltimore to succeed Mayor Hyphen-Hyphen. I recognize that politics shouldn't enter into this, but in Mosby's case it is apparent that justice and judicial ethics have no place, so apparently politics is all that there is left.

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



"I vowed to myself to fight against evil more completely and more wholeheartedly than I ever did before. . . . That’s the only way to pay back part of that vast debt, to live up to and try to fulfill that tremendous obligation."

Alfred Hornik, Sunday, December 2, 1945 to his family, on his continuing duty to others for surviving WW II.
 
Posts: 13044 | Location: Central Florida | Registered: November 02, 2008Reply With QuoteReport This Post
Admin/Odd Duck

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Good post.


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So there is iron in my words of life.

 
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Needs a check up
from the neck up
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Refreshing to say the least


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Posts: 5211 | Location: Boca Raton, FL The Gunshine State | Registered: July 30, 2002Reply With QuoteReport This Post
I believe in the
principle of
Due Process
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Is the same judge hearing all six cases or is each assigned to a different judge?

Since the same facts and evidence are relevant to each, the DA, now 0 for 3, has notice that there are problems of proof. Can she prop that up somehow?

Very daunting, indeed.




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: 48369 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
recovering ammoholic
Picture of jaybird86
posted Hide Post
quote:
Originally posted by ArtieS:
quote:
Originally posted by nhtagmember:
can the judge decide to dismiss all of the other cases?

Practically speaking, no. He may have the power under Maryland law; I don't know. It is incredibly unlikely that he would do so, as it would be seen as a political act, and not a judicial one.

The defense in each case will make a motion to dismiss as one of it's earliest motions. There is no incentive for the judge to rule before such a motion is made. In addition, it is tradition in US jurisprudence that the concept of "notice pleading" is how cases are managed. This means that the basic elements of the charge are alleged in the filing, but no evidence is presented at the moment of filing the case. The purpose of the trial is to gather evidence, match it to the charges, evaluate the credibility of witnesses and come to an decision. Anything that short circuits that process is highly unusual.

This judge seems inclined to let the state try to make it's case, and then pretty merciless when it comes to findings of facts and law with respect to those cases. As you can see from the transcript, he really didn't hold back on describing how weak the state's case is.

In any ordinary situation, there would be tremendous pressure on Mosby to drop these cases as unproductive wastes of time, money and credibility. This is nor an ordinary situation, and I suspect that everyone in the local Baltimore power structure is hoping that she gets at least one win on some charge somewhere so that they don't have to admit that the entire thing is a disaster.

The only thing I see that could derail this train is if the state bar, or a higher prosecutorial authority were to start investigating Mosby's office and her attorneys for prosecutorial misconduct or ethical misconduct as licensed attorneys, as happened to Mike Nifong in the Duke lacrosse case. Nifong was implicated in wrongdoing, (and was eventually disbarred), a higher state authority conducted an independent investigation into the charges, and came out and didn't just drop the charges, but declare the defendants to be innocent of any charges. That was almost unheard of.

I do not know if there is a higher authority in this judicial stack than Mosby, who is elected, so I don't know if there is an adult in the room who can step in and deal with this mess.

For her part, Mosby has to determine what is worse for her political career; sticking this out and continuing to lose, or cutting losses and going home. She also has to consider the political career of her husband, who is running for Mayor of Baltimore to succeed Mayor Hyphen-Hyphen. I recognize that politics shouldn't enter into this, but in Mosby's case it is apparent that justice and judicial ethics have no place, so apparently politics is all that there is left.


Slow clap. I love sigforum.


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He who fights with monsters should look to it that he himself does not become a monster. And when you gaze long into an abyss the abyss also gazes into you. - Friedrich Nietzsche
 
Posts: 1014 | Location: Overrun in Northern VA | Registered: January 01, 2014Reply With QuoteReport This Post
wishing we
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couple small comments

Mosby's husband dropped out of the mayor race

Judge Williams indicated he may not be the judge for 2 of the other trials (but this was not definitive)
 
Posts: 19759 | Registered: July 21, 2002Reply With QuoteReport This Post
Age Quod Agis
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Thanks for the tip on Mosby's husband. That consideration could slow her roll a bit. I figured one reason she was pressing on was to keep the family cred up in the neighborhood.

What happened to his candidacy? I see that Pugh won over Dixon in the primary, and will likely be the next mayor. I don't see them electing an old white republican who looks a bit like Harry Reid on a bender.



"I vowed to myself to fight against evil more completely and more wholeheartedly than I ever did before. . . . That’s the only way to pay back part of that vast debt, to live up to and try to fulfill that tremendous obligation."

Alfred Hornik, Sunday, December 2, 1945 to his family, on his continuing duty to others for surviving WW II.
 
Posts: 13044 | Location: Central Florida | Registered: November 02, 2008Reply With QuoteReport This Post
wishing we
were congress
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13 April 2016
City Councilman Nick J. Mosby dropped out of the mayor's race Wednesday and threw his support behind state Sen. Catherine E. Pugh

His campaign failed to gain traction, his support slipping to 5 percent in a poll for The Baltimore Sun and the University of Baltimore released last week. Pugh, meanwhile, led the field with 31 percent.

http://www.baltimoresun.com/ne...-20160413-story.html
 
Posts: 19759 | Registered: July 21, 2002Reply With QuoteReport This Post
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Great news
 
Posts: 521 | Location: maryland | Registered: February 16, 2013Reply With QuoteReport This Post
wishing we
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Now here is some real bullshit.

watch the video at the link.

http://www.baltimoresun.com/ne...-20160623-story.html

The speaker is Billy Murphy. Lawyer who reportedly got 40% of the 6.4 million payout.

The family of Freddie Gray stands behind prosecutors but is frustrated and disappointed with the acquittal Thursday of Officer Caesar Goodson Jr. on all charges related to Gray's death, family attorney William H. "Billy" Murphy said.

They feel that many people in the city share their frustration with the ruling, in part because they haven't been able to watch the proceedings, and they want that to change in the future.

"Even though the family gives its 100-percent support to one of the most courageous prosecutors in the United States, Marilyn Mosby, who has led the fight against police brutality and police corruption, they are nonetheless disappointed that the goal of the prosecution has not been achieved," Murphy said during a news conference in his downtown offices Thursday afternoon.

"They also understand everybody else's anger and frustration that no police officer has yet been brought to justice in this case."

Gray's mother, Gloria Darden, and step-father, Richard Shipley, stood by Murphy's side but did not speak. Darden occasionally dabbed at her eyes with a tissue.

Gloria Darden got 5.6 million of the payout

Murphy said the family believes that Mosby is "fighting for a just cause." He said he has confidence in Williams, even if he disagrees with him. But he called for broader reform to the state's court system — namely to the law in Maryland that bars cameras from being in courtrooms.

Murphy said changing the law for the first time in Maryland's history is a top priority of Gray's family.

"Instead of rumor and speculation and innuendo about what happened, who should have done what, whether the prosecution was weak or strong, whether the defense was stronger than the prosecution, whether the participants in the trial did their job, the public has a right to see that for itself," he said.

"It can no longer be tolerated that the public cannot just tune in to their televisions and watch as much of this as they want."

Murphy said Gray's family is "enormously relieved that the city understood the difference between civil and criminal liability" and has already agreed to a $6.4 million civil settlement with the family out of court. Civil cases have a lower burden of proof.

Murphy said Gray's family is "a very patient family" and will continue to await justice.

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

just my speculation, but perhaps Murphy is trying to fight blowback from the fact that no one has been convicted but he negotiated 6.4 million settlement

This message has been edited. Last edited by: sdy,
 
Posts: 19759 | Registered: July 21, 2002Reply With QuoteReport This Post
BBQ Sauce for Everyone!
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Cameras in court rooms. Great idea. Can we get a fountain drink machine and one of those cute popcorn machines you can wheel around too?




"The difference between stupidity and genius is that genius has its limits." Albert Einstein
 
Posts: 8121 | Location: Phoenix AZ | Registered: May 22, 2007Reply With QuoteReport This Post
A Grateful American
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quote:
Originally posted by ArtieS:
^^^^^ Hey Monkey, she needs a Blue Falcon belt buckle!






"the meaning of life, is to give life meaning" Ani Yehudi אני יהודי Le'olam lo shuv לעולם לא שוב!
 
Posts: 44720 | Location: ...... I am thrice divorced, and I live in a van DOWN BY THE RIVER!!! (in Arkansas) | Registered: December 20, 2008Reply With QuoteReport This Post
bobbin' and weavin
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Sure, cause the melon farmers all understand the finer points of law they will see on the tv. Why not just make all trials like American Idol where they can all vote on a mob verdict! Simple minded SOBs.
 
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