quote:

Originally posted by sdy:
Goodson was w/o pay since Mosby made the charges over a year ago. I wonder if he will get back pay ?

He will probably get back pay AND the equivalent of the OT he lost being out. I say probably based on similar cases I'm familiar with.

I had the same thought Black. I cannot understand why a detective would do what she did.

I will give her credit though that the prosecution wanted her removed. She was likely pointing out pesky facts as they went along...

http://www.baltimoresun.com/ne...-20160628-story.html

The four Baltimore police officers still awaiting trial in the arrest and death of Freddie Gray have filed fresh motions asking that their cases be dismissed, based on "defects" in the prosecution.

The defects, the officers' attorneys argued, relate to two recent disclosures — one by a Baltimore sheriff's major, who said he agreed with prosecutors to sign off on the officers' charges without personal knowledge of their basis, and another by a police detective, who said prosecutors prompted her to provide misleading testimony to the grand jury that indicted the officers.

Attorneys for Lt. Brian Rice, Officer Garrett Miller, Officer William Porter and Sgt. Alicia White argued in nearly identical motions that the disclosures show that prosecutors violated the officers' constitutional right to due process and that the charges against them should therefore be dismissed.

They also filed separate motions asking Williams to order prosecutors to disclose the minutes and testimony from the grand jury in which Taylor testified. They say Taylor's notes suggest that Deputy State's Attorney Janice Bledsoe gave witness testimony during the grand jury proceedings without being sworn in as a witness.

The officers' attorneys wrote that "this testimony, the script that it was based on, and the testimony of Jan Bledsoe, and any other witnesses who presented testimony (sworn or unsworn) must be disclosed to the defense in this case."

Through such a disclosure, a review of what is revealed and a court hearing on the matter, the attorneys said, the defense will be able to show that the "multiple defects" in the prosecution "rose to the level of prosecutorial misconduct and a violation of the officers' rights to due process."

I hope atleast the grand jury details are given. I have no hope though for Judge Williams to dismiss the other cases.

http://www.baltimoresun.com/ne...-20160629-story.html

An activist law professor with a penchant for weighing in on high-profile legal cases has called for Baltimore State's Attorney Marilyn Mosby to be disbarred over her prosecution of six city police officers in the Freddie Gray case.

John F. Banzhaf III, a public interest law professor at the George Washington University Law School in Washington, said he intended to mail a full complaint against Mosby to the Maryland Attorney Grievance Commission on Wednesday.

In the written complaint, obtained by The Baltimore Sun, Banzhaf calls Mosby a "runaway prosecutor" who has violated ethics rules governing the conduct of attorneys in Maryland at almost every turn in the case — from the moment she announced the charges against the officers in May 2015 to this week, when her office signaled it would continue pursuing its case against the officers still facing charges despite the full acquittal of two other officers in the last two months.

Mosby never had the evidence to charge the officers, Banzhaf argues, and should have reevaluated her misplaced belief that she did following the acquittals of Officers Edward Nero and Caesar Goodson Jr.

Local attorneys, Banzhaf said, are often dissuaded from lodging such complaints for fear their involvement would jeopardize their representation of local clients — making it even more important for outsiders with legal expertise to step in.

"I get involved in lots of different public interest actions because I think they are important and I think it's a more effective use of my time than writing law review articles," he said.

He said he believes there are already grounds for Mosby's disbarment, but that his case will be strengthened even more if Mosby continues to prosecute the officers still facing trial.

OK, disbar, and then the tar and feathers, right?

Maybe she could follow the lead of Nifong of the Duke Lacrosse case.

quote:

Originally posted by parabellum:
OK, disbar, and then the tar and feathers, right?

And a long ride on a short rail.

I was hoping for a crucifixion

we haven't had one in awhile, and she would be an awesome candidate

quote:

Originally posted by JWF:

quote:

Originally posted by parabellum:
OK, disbar, and then the tar and feathers, right?

And a long ride on a short rail.

Hopefully a vertical rail.

quote:

But, she wrote, she was "conflicted" about challenging the state's attorney on the narrative in the courtroom. "With great conflict I was sworn in and read the narrative provided," she said in her notes.

When the jurors asked questions, including whether Gray's arrest was legal, Taylor wrote that prosecutors intervened before she could give an answer that would conflict with their assessment.

Bullshit. Perjury.

Lt Rice trial to start today w preliminary motions.

Charges:
involuntary manslaughter,
second-degree assault,
two counts of misconduct in office and
reckless endangerment

Rice, 42, is the highest-ranking of the six officers charged in the case

Rice was on bike patrol at the Gilmor Homes complex when Gray fled police, and Rice called out for other officers to pursue him.

Rice has requested a bench trial.



LT Rice


Judge Williams denies motion to dismiss case.

Trial to begin Thursday morning

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

I predict another acquittal...

Really went out on a limb there didnt I?

I wish there was a way to accurately account for how many millions of wasted dollars this cost. Then garnish the Dumb Ass DA's wages for ever...

http://www.baltimoresun.com/ne...-20160705-story.html

At a pretrial motions hearing Tuesday, Circuit Court Judge Barry G. Williams ruled that the state had committed a discovery violation by not turning over 4,000 pages of documents related to the training until last week.

"The reality we have here — you, your office, whoever, didn't do what you're supposed to," Williams said.

Officers' training has been a key component of the State's Attorney's Office's case against the officers, showing that they acted against the Police Department's guidelines.

"We believe that a combination of training and [general] orders would've alerted the defendant that the conduct he engaged in was not within the scope" of how an officer should act, said Chief Deputy State's Attorney Michael Schatzow.

Prosecutors said they expected to receive the training documents from the city 30 days ahead of trial, but did not receive them until last Tuesday, and provided them to the defense the next day.

Williams said prosecutors should have pushed city officials or sought intervention from the courts.

Schatzow shrugged, and said prosecutors weren't sure if they could even prove that Rice attended the training or that it was conducted according to the curriculum.

but they wanted to use this to convict him


He cited the testimony of a police trainer and defense withess in the Goodson trial, whose testimony prosecutors successfully had stricken because she couldn't say for sure whether she had trained Goodson.

That POS Schatzow has a glib answer for everything doesnt he?

quote:

Originally posted by sdy:
http://www.baltimoresun.com/ne...-20160705-story.html

At a pretrial motions hearing Tuesday, Circuit Court Judge Barry G. Williams ruled that the state had committed a discovery violation by not turning over 4,000 pages of documents related to the training until last week.

"The reality we have here — you, your office, whoever, didn't do what you're supposed to," Williams said.

Officers' training has been a key component of the State's Attorney's Office's case against the officers, showing that they acted against the Police Department's guidelines.

"We believe that a combination of training and [general] orders would've alerted the defendant that the conduct he engaged in was not within the scope" of how an officer should act, said Chief Deputy State's Attorney Michael Schatzow.

Prosecutors said they expected to receive the training documents from the city 30 days ahead of trial, but did not receive them until last Tuesday, and provided them to the defense the next day.

Williams said prosecutors should have pushed city officials or sought intervention from the courts.

Schatzow shrugged, and said prosecutors weren't sure if they could even prove that Rice attended the training or that it was conducted according to the curriculum.

but they wanted to use this to convict him


He cited the testimony of a police trainer and defense withess in the Goodson trial, whose testimony prosecutors successfully had stricken because she couldn't say for sure whether she had trained Goodson.

It turns out the Persecutor (in this case it is the correct spelling and context) didn't request the training information from the Police Department until June 18th 2016......

Denied.

All 4000 pages unusable.

That's some A-1 work there.

I wonder if the prosecutors will call the medical examiner to testify about why she called Gray's death a homicide.

In the last trial, the ME testified she never said the death might be an accident.

Then later a police detective said the ME did say it was a freakish accident to a long list of police commanders including the current Commissioner Kevin Davis.


adding: as jsbcody pointed out, after the prosecutors told the judge they had asked for the training records months ago, Baltimore City Solicitor George Nilson, the city’s chief lawyer, disputed Mr. Schatzow’s account.

Mr. Nilson said in an interview that prosecutors didn’t submit the request that generated most of the roughly 4,000 pages until June 18, not months ago. A spokeswoman for the State’s Attorney’s Office declined to comment, citing a judge’s order barring prosecutors and defense lawyers from publicly commenting on the case.

hopefully that gets back to the judge.

LT Rice trial begins

involuntary manslaughter
second-degree assault
two counts of misconduct in office
reckless endangerment.

Michael Schatzow, the second-highest-ranking prosecutor in the Baltimore state's attorney's office, and Janice Bledsoe, who oversees police misconduct investigations, are leading Rice’s prosecution. Schatzow is a former federal prosecutor and longtime white-collar lawyer, while Bledsoe is a former defense attorney who briefly led police misconduct investigations under former State's Attorney Gregg L. Bernstein.

Rice is being defended by a team of lawyers from the firm of Schlachman, Belsky & Weiner, which represents the Baltimore Police union as well as many officers facing internal discipline and criminal charges. Michael Belsky and Chaz Ball have represented several officers charged in crimes, while Michael Davey, a retired Maryland State trooper and late addition to the trial team, typically represents officers in internal misconduct cases.

Today: prosecutors drop one of the misconduct charges

State presented no new factual allegations in openings

but argue Rice as a supervisor cant argue ignorance of dept rules

Rice "allowed the (arrest) wagon to proceed knowing Mr Gray was not restrained," and he was fatally hurt inside soon after, Schatzow says

1 charge against Lt Rice dropped: misconduct based on false arrest. Prosecution pushing ahead w rest tho no new evidence apparent in opening

Medical examiner Dr. Carol Allan, who ruled #FreddieGray 's death a homicide, is now on stand as prosecution's 1st witness

Dr Allan, who performed autopsy, is 1st witness, reaffirms that she knew quickly Gray's death was a homicide & not an accident

At last trial a detective claimed Allan said death was accident; state asks Allan if she discussed manner of death w police, she says no

Allan said medical examiner's don't have to conclude criminal intent or intent at all; she found "failure to act" caused Gray's death

Defense questions medical examiner

"Just because you ruled a homicide doesn't mean each of the defendants committed a homicide?" Belsky asks. Allan agrees

"Can we agree failure to use a seatbelt alone does not make this case a homicide?" Belsky asks. "Yes," Allan says

"And my client is only charged with failing to use a seat belt," Belsky says.

Prosecutor Bledsoe on redirect says that Allan's definition of homicide is not a legal one ?????

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

adding some more

Capt Martin Bartness, is next state witness. He wrote new seatbelting policy, has testified at every trial

New seat belting policy took away discretion written into previous policy, which had been in place for 18 years. Went into effect on 4/9/15

Gray was arrested on 4/12/2015

New seatbelting policy says "commanders" responsible for conveying to subordinates.

Commanders traditionally means captains, majors. But Bartness said practically speaking he believed it includes lieutenants too

Bartness: "I would never expect a captain or major to be tasked with distributing policy."-

Judge Williams: "But that's what your order says,"

Bartness: "In terms of practice, that is impractical to do,"

Defense prints out all emails w attachments Rice received in 4 day period when new seat belt policy came out. It's thicker than phone book

Bartness seems rather arbitrary in what is "practical"

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