2nd day of Rice trial

all of these notes are from live coverage by Baltimore Sun

Prosecutors up to their old tricks yet again

prosecution witness Dr Morris Marc Soriano, med expert in neurosurgery/spinal cord injury

Soriano also testified in other officers' trials, namely that Gray's spinal injury was incomplete & he wld hve retained some function At 4th stop, where Goodson, Porter interacted w Gray, Soriano says Gray would have been suffering "air hunger" from trouble breathing.

Important bc only evidence of trouble breathing at stop 4 -Porter's alleged statement to Det. Teel, in Allan's autopsy- redacted as hearsay.

Defense objected

At first Williams overruled. Then he asked attorneys to approach bench

Soriano's "air hunger" comment became issue bc it related back to alleg Porter statement to Teel ruled inadmissible hearsay

witness Soriano is arguing that Gray was fatally injured before the 4th stop

After recess Schatzow had Soriano explain basis of conclusion. Soriano cited Gray's request for help up, him more lethargic than prev stops

note now Soriano does not mention breathing problem

def att Belsky: If only know Gray requested help up, responded yes to whether wanted medic, was combative now calm, same conclusion?

Soriano: No

pros Schatzow: Conclusion not just based on those 3 things was it?

Soriano: No

Belsky: Also based on belief he was hungry for air?

Soriano: Sigh

Soriano: Understanding is "we're not allowed to talk about" hearsay statement (Porter alleg made to Teel re Gray saying 'I cant breathe')

Judge Williams looks exasperated .

"Luckily there's not 12 people over there," he says, gesturing to empty jury box.
And "no, you're not."

Belsky: No further questions.

Schatzow: Approach bench, and have Soriano stay on stand?

Williams: "You can, but..." suggesting Soriano done

After briefly at bench, Schatzow goes to Soriano, shakes his hand. He's indeed finished.

the point is that the only reason Soriano could argue that Gray was injured before the 4th stop, was the testimony that Porter had said Gray was having trouble breathing at the 4th stop. That statement was ruled hearsay because it only was provided by a detective who talked to Porter over the phone and never recorded the conversation. Later when Porter was asked to give a formal statement, he never said Gray was gasping for air at the 4th stop


Prosecution wanted to call Brandon Ross, #FreddieGray 's friend w him before arrest, but Ross wasn't available. Not sure why.

Ross currently incarcerated,

Williams said "can't keep waiting," call another witness

sdy,

Do you have a link for the in-court coverage?

quote:

Originally posted by sdy:
http://live.baltimoresun.com/E...y_case_live_coverage

Thank you

more prosecution testimony today

Det Michael Boyd walked thru CCTV. Boyd also took Rice's statement back in 2015. Prosecutors did not use Boyd to bring in that statement. When defense tried to bring up Boyd's taking the statement, prosecutors objected and Williams sustained.

Brandon Ross testified about seeing Rice at various points. Ross says Rice was just being a "jerk," and that he and others weren't "hindering him from doing his job."

"We wasn't rowdy. It wasn't nothing like that. So why couldn't we be around to see what was going on," Ross said.

Ross is currently in jail. He has another trial coming up in August. Quite a history of charges against Ross

2 minor witnesses

Schatzow said Ofc Nero is next witness, then Williams called brief recess

No Nero. Instead, Baker was brought back to stand so defense could ask a couple more questions. (Jamel Baker, Gilmor Homes resident who looked out window and witnessed 2nd stop, where Gray was shackled.)

And we have now broken for the day in Lt. Rice trial. Back at 9:30 a.m. Monday

3rd day of trial for LT Rice

1st prosecution witness: Officer Nero (who was recently acquitted)

For the prosecution Nero helped establish baseline narrative, put Rice there as ranking officer who failed to seat belt Gray at second stop


But on cross-examination, Nero bolstered the defense's case that officers perceived the scene to be volatile, and one they had to leave ASAP

"All I knew is we just had to move and get out of the area," Nero said, describing onlookers outnumbering ofcs, yelling at them, filming etc

Nero: "There wasn't enough of us."

Belsky, Rice's atty: "And was that a cause of concern for you?"

Nero: "Absolutely"

Schatzow on redirect: "Lt. Rice had no conversation with you about whether to seat belt Mr. Gray or not, did he?"
Nero: "No."

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

side note: The Gray family attorney, Billy Murphy, requested a Texas lawyer assist BLM McKesson when he was arrested over the weekend in Baton Rouge.

Yet another acquittal in the works.

Porter just testified. Like Nero, helped establish facts for prosecution, but largely backed up arguments of defense.

During both Nero & Porter testimony, prosecution pointed out that they have sued prosecution, have been actively cooperating w Rice defense

this is bizarre. prosecutors try to railroad 6 cops, and get annoyed when they help each other

Schatzow said Nero had entered "joint defense agreement with other defendants," before objection and Williams' calling attorneys to bench.

When Porter took the stand, Schatzow asked him about meeting, going over documents with Rice's defense. Porter said he has, twice.

Understandable why prosecution is frustrated with the officers as witnesses, but it doesnt help them prove the evidence judge says they lack

understandable ??? the prosecutors don't have evidence because there was no crime, only wild hysterical charges to appease a rioting mob

Williams ruled that prosecution could lead Nero in questioning, essentially declaring him a hostile witness.

That was based on Nero's lawsuit against prosecutors, collaboration with the defense.

No such ruling was made for Porter, but prosecution noted his lawsuit, collab w/ defense like w Nero & Schatzow was asking leading questions

Pros 3rd witness today: Cpt. Martinez Davenport, now of UMD Police, formerly of BPD and in charge of inspections unit in '14

Davenport testified to there being two seat belt inspections in 2014, with no violations

Defense noted drivers had been warned in advance.

Testimony this a.m. once again highlighted prosecution's problem: reliance on codefendant officers to establish basic facts in peers' trials

Prosecution struggles to establish those facts, then it's a breeze on cross for defense - which has been in communication with codefendants.

Even uncharged officers given immunity to testify at grand jury not partic helpful to prosecution in past trials. None called yet in Rice.

reminder: these notes are from Baltimore Sun. my notes are usually in italics
this reporter has done a good job during the trials. right now though he is a bit annoying. The pros are struggling because they made this shit up

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

The only person I don't want to see get off is Mosby, at her debarment hearing.

Prosecution rests in case against LT Rice.

After prosecution rested, Judge Williams dismisses assault charge against Lt. Rice after defense motion for judgement of acquittal

Trial will move forward on manslaughter, reckless endangerment, misconduct, for which judge denied defense motion for judgement of acquittal

this seems like the weakest case yet

status
Porter mistrial, to be retried
Nero Acquitted
Goodson Acquitted


ist Def witness Donta Allen, man in other side of rear of van

Recalled hearing banging. Not on stand long.

2nd def witness Ofc Zach Novak, one of officers given immunity to testify before grand jury about scene. Recalls Gray rocking van.

Defense asked for Porter's full testimony frm his trial be admitted bc prosecution didn't ask him about some stops & blocked def from asking

Defense says it can't force Porter back to stand, like state could force with immunity, so wants prev testimony admitted. No decision yet.

Williams has given prosecution the night to consider its arguments against the Porter testimony request. We've broken until 9:30 am tomorrow

Williams appeared on the verge of dismissing reckless endangerment charge too -said it was an "extremely close call"- but decided against it

http://baltimore.cbslocal.com/...twitter_CBSBaltimore

BALTIMORE (WJZ) — Officer Caesar Goodson to receive back pay after being acquitted of all charges relating to the arrest and death of Freddie Gray.

According to our media partner, the Baltimore Sun, Goodson will get $87,000 in back pay.

He still faces an internal police review.

4th day of Rice trial

Defense wanted to enter some of Porter's testimony from his previous trial. (about crowd control in the early stops)

Prosecutor is objecting.

Judge Williams to make a decision

1st def witness neurosurgeon Dr. Matthew Ammerman. says Gray's injury was immediate, not progressive

2nd defense witness today is Dr. Jonathan Arden, another medical expert providing testimony that very closely mirrors that of Ammerman.

Arden, a former medical examiner, also contradicted Baltimore med examiner's finding that Gray's death a homicide. He said it was accident

1 thing defense focused on: Gray had nose bleed at 6th stop. Med experts said that is not from spinal injury; indicates a trauma in van.

Experts said based on Porter's statement, Gray did not have nose bleed at 4th stop, so that shows trauma occurred in van after 4th stop.

Williams grants request by Rice defense to allow portions of Porter's testimony from his mistrial in December in as evidence in Rice trial

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

quote:

Originally posted by sdy:
4th day of Rice trial

Defense wanted to enter some of Porter's testimony from his previous trial. (about crowd control in the early stops)

Prosecutor is objecting.

Judge Williams to make a decision

Why should the prosecution object? Are they afraid of tainting the case with the facts?

Defense rests.

Rice did not testify

closing arguments Thur 10am

Defense called 4 witnesses, plus got earlier Porter testimony in. State called 12. Other testimony, evidence entered thru stipulations.

I am surprised the defense didn't hammer w more witnesses. Williams is supposed to decide on only the material presented for this case

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

Billy Murphy is the Gray family attorney. He negotiated the $6.4 million settlement w the city

Murphy explains why it has been so hard to get convictions in the Freddie Gray cases.


http://baltimore.cbslocal.com/...e-police-department/

Murphy was asked by one of the DJ hosts of the event why it’s been so hard to get convictions in the trials of the police officers charged in relation to the death of Freddie Gray.

“The first reason is that the police are investigating themselves,” Murphy said. “And so you cannot rely on the integrity of those investigations, as the prosecution is forced to do. And so, routinely, police officers get up and testify in a way that sabotages a good case.”

Another reason, he went on to say, is “it’s hard to win cases that are based largely on circumstantial evidence.”

DJ Flexx went on to ask Murphy “how can we fix this?”

“I believe that the essential personnel in the Baltimore City police force — the old white guys that are racist to the core , not that all whites are racist … they got to be replaced,” Murphy said.

“You see, when a new commissioner comes in, he ends up having to rely on these middle management type police officers who have been there for years. The ones from Dundalk, and Essex and South East Baltimore and Curtis Bay and Brooklyn, we know all the racist neighborhoods. And they bring their racism with them and are joining a racist police conscience.”

He said he wasn’t prepared to criticize State’s Attorney Marilyn Mosby or her prosecutors, and that no one else should either, “except for the 150 people who saw that trial from end to end.”

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

Murphy in the accompanying video says he cannot comment on whether Mosby over-charged, because he hasn't seen all the evidence.

Murphy was a strong supporter of Mosby when she ran for office.

Baltimore's problems will never get solved w community leadership like Murphy. He can never see right from wrong, because he can't see past black and white.

quote:

Originally posted by sdy:
Baltimore's problems will never get solved w community leadership like Murphy. He can never see right from wrong, because he can't see past black and white.

Actually the only color this POS cares about is 'green', and being a black, community organizing, racist, attorney pays very well in this day and age.

Closing args concluded. Ruling to come Monday 10am

during closing:

prosecutor Janice Bledsoe:
Gray's death cannot be blamed on poor judgement or error

If Rice had taken one small measure of compassion or humanity, Gray would be alive

"HE CHOSE," Bledsoe says over and over w emphasis, to chase Gray, stop, arrest, take back out of van, shackle, put on floor, not seat belt.

Rice's actions not bc Gray combative, crowd control, Bledsoe says, but bc "he had the power & control to punish and humiliate Gray

Bledsoe: Rice wanted to punish Gray for saying cuffs too tight, screaming "Yo get off me!" Now he "blames the victim, blames the community."

Bledsoe says Rice should have listened to Brandon Ross. Judge pushed back. "What do you mean?" he asked.

Bledsoe starts, then puts face in hands, shakes head. "When you give me that face.." she says. "This is actually my normal face," judge says

remember Ross has a long rap sheet. He is in jail now and has another trial in August. But Bledsoe says Lt Rice should have listened to Ross

Janice Bledsoe sounds hysterical

Rice's attorney Michael Belsky gave closing for defense. Says all Rice's actions were correct, right, and "most important: reasonable.

Belsky said Bledsoe focused on Brandon Ross' story bc he's the only witness "she listens to." Says prosecution just disregards all others

Belsky says scene was intense, even if Brandon Ross said it was fine and that people weren't threatening officers.

Belsky, quotes, twice, someone in crowd overheard in video of scene talking about cops: "Pop this dumb ass mother fucker. I'll bust them."

Bledsoe quoted Rice as threatening Ross in video saying, "Jail! Jail! Jail!" Belsky quoted him saying, "Sir, I need you off the street."

Judge Williams chastised both of them, saying they never got those quotes into evidence during trial so he wouldn't just accept them now.

"The state has failed to present a single witness or a shred of evidence to suggest what he did wasn't reasonable," Belsky said.

Chief Deputy State's Attorney Michael Schatzow, in state's rebuttal to the defense closing, heavy on argument seat belting = common sense

Schatzow, incredulous: City residents cant observe street arrests "without apparently giving license to the police to mistreat a prisoner??"

Williams: "So the simple fact [Rice didn't seat belt Gray] means he's guilty of these crimes?"
Schatzow: Under these circumstances yes

Williams at one point says both sides want him to look at the evidence "in a vacuum" w/o assessing what other side says re scene at 2nd stop

"They're saying it was the most horrible situation going on. You're saying it was a walk in the park," Williams said to Schatzow re stop 2.

Trash

Lt Rice is in court

Also present Nero, Miller, and Goodson.

Not Guilty all charges

Judge Williams was unequivocal that state had failed to prove case; wording seemed even stronger than the previous acquittals

Williams said prosecutors were asking him to imagine things in substitution for evidence

Trials to date:
Ofc Porter - Mistrial all counts
Ofc Nero - Acquitted all charges
Ofc Goodson – Acquitted all charges
Lt Rice – Acquitted all charges

Future trials:
Ofc Miller 27 July
Ofc Porter retrial 6 September
Sgt White 13 Oct

NOT GUILTY!

http://baltimore.cbslocal.com/...s-fate-in-gray-case/

Baltimore Circuit Court Judge Barry Williams has rules that Lt. Brian Rice, the fourth Baltimore officer facing charges in connection to the death of 25-year-old Freddie Gray, is not guilty of involuntary manslaughter and reckless endangerment.