quote:

Originally posted by a1abdj:

quote:

Remember though, "not guilty" is not the same as "innocent." It means there wasn't enough evidence to convince the jury beyond a reasonable doubt.

Would you say the same thing as it relates to this story if it turns out the same way?

I suppose my point is today we have outrage because of the players involved. But where was the outrage before? "Not guilty" may not be the same as "innocent" in every case, but you know it does mean exactly that sometimes. Same as charges being completely dismissed.

If we're going to be outraged at how our system works, how about a little outrage for all of the people that have been screwed by it, and not a select few?

Of course. I will reserve my outrage on a case by case basis. I can't speak about this case yet because I haven't seen all (or even most of the evidence the prosecution plans to present.

But I am sure you get my point. Lots of people, who are guilty, never get taken to court.

I have sat in from of DA's who refused to issue charges against suspects for all sorts of silly reasons, including twice where I had signed written confessions obtained legally, by the book.

It goes both ways.

Kevin, Don't you think the overcharges will result in a Not Guilty?

quote:

Originally posted by downtownv:
Kevin, Don't you think the overcharges will result in a Not Guilty?

Impossible to say. I haven't seen the case they plan to present and what evidence.

quote:

Originally posted by KevinCW:

quote:

Originally posted by downtownv:
Kevin, Don't you think the overcharges will result in a Not Guilty?

Impossible to say. I haven't seen the case they plan to present and what evidence.

1st degree murder (Pre-Meditated)

http://www.baltimoresun.com/ne...-20151202-story.html

Schatzow - prosecutor
Proctor - Porter's defense attorney

Prosecutors argued that officers have a clear set of rules and that failing to follow them — as they allege Porter did by not seat-belting Freddie Gray in a transport wagon or getting him medical care — is a serious criminal offense.

The defense, however, portrayed a dysfunctional police department that rushes officers to the streets without proper training, forcing them to learn as they go and follow the advice of veterans rather than standards and rules.

Police Department orders have specified since 1997 that prisoners must be seat-belted, unless doing so would put an officer in danger, Schatzow told the jury. A few months before Gray was arrested, the department updated that policy to remove the exemption, making clear that all suspects must be seat-belted.

But Proctor countered that training at the academy was brief and covered a lot of ground. While Porter was there, Proctor said, a cadet was shot in the head by an instructor. The cadet was left without an eye, and the instructor was convicted of reckless endangerment and jailed.

"It isn't some Ivy League school," Proctor said.

The defense lawyer said another officer will testify that in 2,000 arrests he could count the number of times he had seat-belted a prisoner on one hand.

Proctor described how suspects regularly fake injuries to avoid going straight to jail — a phenomenon known as "jailitis" — which ends up wasting officers' time.

The first person Porter ever arrested faked a seizure, the lawyer said.

Porter knew Gray's history as someone who gave arresting officers trouble, Proctor told jurors, saying that one time he had tried to kick out he windows of a police cruiser.

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

I previously posted:

The prosecutor has the following claims for the six officers:

1. illegal arrest

2. failure to use seat belt in van

3. failure to provide medical assistance


#1 doesn't apply to Officer Porter. He wasn't at the scene for the initial arrest

another officer will testify that in 2,000 arrests he could count the number of times he had seat-belted a prisoner on one hand.

The surrounding counties don't even have seat belts in their vans.

None of what is about to transpire is about legal due process. From the start, this was a circus to placate the mobs of thugs that infect Baltimore, as well as the rest of the country. Anyone that interjects that there be anything approaching fair and unbiased proceedings is out of their minds.

The evidence won't matter, the previous history of the deceased won't matter, training deficiencies, orders from up high to go after drug dealers and street criminals, none of it. It will be a kangaroo court- juries will be allowed to ignore rule of law and convict based on outrage.

No outrage for the fact that there have been 315 homicides in Baltimore in 2015, most of them black on black crimes. None. Completely ignored.

The officers will not get anything resembling a fair trial, and I repeat the sentiment- anyone that thinks they will are out of their minds.

some testimony from this morning:

http://www.baltimoresun.com/ne...-20151203-story.html

Deputy State's Attorney Jan Bledsoe introduced as evidence a copy of a training booklet that Porter had filled out and asked Officer John Bilheimer, a police academy instructor, to read a section.

"We do not transport injured people," the instructor read to the jury. "We render aid" while calling for a medic.

Joseph Murtha, one of Porter's attorneys, asked Bilheimer who has responsibility for a person in the back of a police transport van, such as the one in which Gray was injured.

"It lies on the shoulders, it is actually the responsibility of the wagon operator, is that correct?" Murtha asked.

"Yes," Bilheimer said.

Porter was not the van's driver

Bilheimer acknowledged on cross examination that violations of the department's general orders are not typically the basis for criminal charges.

Murtha read Bilheimer a passage of text indicating that violations are only the basis for internal police discipline.

Murtha asked the instructor if that was accurate.

"Yes, sir," Bilheimer said.

quote:

Originally posted by sdy:
some testimony from this morning:

http://www.baltimoresun.com/ne...-20151203-story.html

Deputy State's Attorney Jan Bledsoe introduced as evidence a copy of a training booklet that Porter had filled out and asked Officer John Bilheimer, a police academy instructor, to read a section.

"We do not transport injured people," the instructor read to the jury. "We render aid" while calling for a medic.

Joseph Murtha, one of Porter's attorneys, asked Bilheimer who has responsibility for a person in the back of a police transport van, such as the one in which Gray was injured.

"It lies on the shoulders, it is actually the responsibility of the wagon operator, is that correct?" Murtha asked.

"Yes," Bilheimer said.

Porter was not the van's driver

Bilheimer acknowledged on cross examination that violations of the department's general orders are not typically the basis for criminal charges.

Murtha read Bilheimer a passage of text indicating that violations are only the basis for internal police discipline.

Murtha asked the instructor if that was accurate.

"Yes, sir," Bilheimer said.

The first steps to this case heading...

report on today's testimony

cut and paste


http://www.baltimoresun.com/ne...-20151207-story.html

The medical examiner who ruled Freddie Gray's death a homicide was peppered with questions Monday morning as the trial of Baltimore Police Officer William Porter entered a second week.

Joseph Murtha, an attorney for Porter, asked Dr. Carol Allan how she determined Gray was injured between the second and fourth stops made by the police van in which he was being held, and why she concluded his death a homicide, and not the result of an accident.

Murtha asked Allan repeatedly whether her findings were based on a "theory" without specific supporting evidence.

Allan testified that her findings did represent a theory, but one based on her medical expertise and information from witnesses, including the testimony Porter gave to police investigators.

She testified that it is "not necessary to have intent" to rule a death a homicide. But she said she would not have ruled Gray's death a homicide had Porter and the van's driver, Officer Caesar Goodson, taken him to a hospital after they found him lying on the floor of the van.

Porter is charged with involuntary manslaughter, second-degree assault, misconduct in office and reckless endangerment in Gray's death.

Prosecutors say he was negligent in failing to use a seat belt to secure Gray in the back of the van, and for failing to call a medic when Gray asked.

The defense has said Porter showed concern for Gray's well-being but did not believe Gray was seriously injured until police arrived at the Western District police station and found Gray unconscious in the back of the van.

Allan testified Monday that Gray was not injured during his arrest, but later.

Allan testified last week that Gray's spine was compressed: she said one vertebrae "pushed forward" over another. During the autopsy, she said, she found a high-impact injury akin to what could occur to a person diving into a shallow pool.

Murtha asked Allan whether she was aware that an emergency medical technician who responded to the Western District police station had administered Narcan to Gray. EMTs use Narcan when they believe someone is suffering an overdose of an opioid, such as heroin.

Allan said she was aware of it, but said the drug had "no effect."

Porter's attorneys have sought to emphasize that he did not believe Gray needed a doctor. They have tried to show that Gray's condition was unclear to those who were interacting with him.

Murtha also asked Allan about a statement given to police by a man who was arrested and placed in a different compartment in the van during its fifth stop, before it arrived at the Western District station.

Donta Allen told police that he heard Gray "striking his head as if he wanted to hurt himself" four or five times in the back of the van, Murtha said. Allen, who could not see Gray at the time, has since recanted that statement.

Carol Allan said she does not believe that is what Allen heard, because it would be inconsistent with the injury having occurred between the second and fourth stops. But she said Gray could have been having a seizure from a loss of oxygen to his brain.

Murtha then asked Allan if police general orders requiring officers to secure detainees with seat belts and to call for a medic if a detainee requests one — which Allan said she consulted in producing her autopsy report — were binding, legal requirements or internal guidelines.

"I actually don't know if general orders are standards or guidelines," Allan said.

"You don't know? That's very important," Murtha said.

Also Monday, a medical emergency prevented one of the 12 jurors from reporting. One of the four alternate jurors is now on the panel.

...

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

Since so much is based on not forcing Gray to use a seatbelt, it seems odd that the examiner would not have ruled homicide if Gray had been taken to the hospital earlier.

quote:

Allan testified that her findings did represent a theory, but one based on her medical expertise and information from witnesses, including the testimony Porter gave to police investigators.

Not a lawyer, but I thought the ME was only supposed to consider facts and science, not information from witnesses. Isn't that what the grand jury and jury trial are all about?

Prosecutors rest their case. Defense starts tomorrow.

http://www.baltimoresun.com/ne...-20151208-story.html

Prosecutors say Gray died because Porter and the five other officers failed to seat-belt Gray in the back of the police transport van where he was injured, and failed to call for a medic when he asked for one.

that's it. thats the entire case right there

Judge Barry G. Williams ruled the case against Officer William G. Porter in the death of Freddie Gray will continue, after turning back a request from the defense to dismiss the charges.

Gary Proctor, one of Porter's defense attorneys, said prosecutors had not proved that Porter's failure to seatbelt or seek immediate medical attention for Gray rose to a "gross, wanton, deliberate" act necessary to prove involuntary manslaughter.

"There was no testimony that what Officer Porter did was any sort of deviation from what a reasonable officer would do," Proctor said, referencing an element needed to prove a crime was committed.

Chief Deputy State's Attorney Michael Schatzow said Porter showed a "callous indifference for life" when he deviated from department policies. Defense attorneys have said other police officers routinely break such policies, but Schatzow said those officers should not be considered "reasonable."

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

these were grossly over the top charges from the day they were made in such a public and theatrical presentation by Marilyn Mosby

When the medics arrived, they assumed Gray had OD'd.

The jury consists of 4 black women, 3 black men, 3 white women, and 2 white men.

One of the original jurors left for medical reasons. An alternate was put on the 12 person jury.

quote:

Originally posted by sdy:
Prosecutors rest their case. Defense starts tomorrow.

http://www.baltimoresun.com/ne...-20151208-story.html

Prosecutors say Gray died because Porter and the five other officers failed to seat-belt Gray in the back of the police transport van where he was injured, and failed to call for a medic when he asked for one.

that's it. thats the entire case right there

Judge Barry G. Williams ruled the case against Officer William G. Porter in the death of Freddie Gray will continue, after turning back a request from the defense to dismiss the charges.

Gary Proctor, one of Porter's defense attorneys, said prosecutors had not proved that Porter's failure to seatbelt or seek immediate medical attention for Gray rose to a "gross, wanton, deliberate" act necessary to prove involuntary manslaughter.

"There was no testimony that what Officer Porter did was any sort of deviation from what a reasonable officer would do," Proctor said, referencing an element needed to prove a crime was committed.

Chief Deputy State's Attorney Michael Schatzow said Porter showed a "callous indifference for life" when he deviated from department policies. Defense attorneys have said other police officers routinely break such policies, but Schatzow said those officers should not be considered "reasonable."

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

these were grossly over the top charges from the day they were made in such a public and theatrical presentation by Marilyn Mosby

When the medics arrived, they assumed Gray had OD'd.

The jury consists of 4 black women, 3 black men, 3 white women, and 2 white men.

One of the original jurors left for medical reasons. An alternate was put on the 12 person jury.

And according to that same police policy if an individual is combative they don't have to be strapped in. Freddie also had a history of feigning injuries and illnesses and being combative to delay or avoid jail.

Note that the prosecution did not call a single police officer to testify about how the procedures are followed during the normal course of police work. Not one.

No street cop got on the stand and said "oh yeah we always belt the prisoners"

No street cop testified that as soon as a prisoner complains of injury they rush them to the hospital even if they don't see an injury.

During the riots the police arrested a protestor and he immediately collapsed to the ground. The officers made him get up and he started walking normally. This is what they deal with every single day.

The officers testifying for the prosecutor read training manuals and guidelines.

The prosecutor brought in a professor from Missouri to testify about the theory of police practices.

The Baltimore prosecutor office told the police to focus on the area where Gray was arrested. It is one of the highest sections of Baltimore for drug and drug related crime.

The medical examiner testified that Gray was not injured during the arrest. He was injured while in the van. No one beat Gray with a night stick.

Gray was initially rocking the van so hard that the police had to restrain him.

There was no video or eye witness that the van was driven in a reckless manner.

quote:

Originally posted by sdy:
The medical examiner testified that Gray was not injured during the arrest. He was injured while in the van. No one beat Gray with a night stick.

Gray was initially rocking the van so hard that the police had to restrain him.

There was no video or eye witness that the van was driven in a reckless manner.

This one is all but over at this point. I was rather shocked the judge didn't accept the defense's request to dismiss the case give the total lack of evidence. Apparently he and the ME are also cut from the same cloth as the Rawlings-Blake and Mosby.

I think in any other case the dismissal would be considered. In this case the judge believes that there has to be a verdict. Even if its a not guilty verdict.

While he may be right, it wont matter except to the history books. If found not guilty Baltimore will make Ferguson look like a kindergarten recess.

quote:

Originally posted by TKO:
I think in any other case the dismissal would be considered. In this case the judge believes that there has to be a verdict. Even if its a not guilty verdict.

While he may be right, it wont matter except to the history books. If found not guilty Baltimore will make Ferguson look like a kindergarten recess.

I am not too sure about a Not Guilty verdict. Remember there is a lynch mob outside the courthouse yelling during the trial. Now if there is a guilty verdict, it will be overturned on appeal.

quote:

Originally posted by bigdeal:
I was rather shocked the judge didn't accept the defense's request to dismiss the case give the total lack of evidence. Apparently he and the ME are also cut from the same cloth as the Rawlings-Blake and Mosby.

I posted his bio back when the case was assigned to him, but that was back in early September. Here you go, put your 'shocked' face on. The prosecution could have shopped this across the country and not found a better judge for them.

Trial attorney in the civil rights division of the U.S. Department of Justice, 1997-2002. Special litigation counsel for the civil rights division of the U.S. Justice Department, 2002-2005.



http://www.baltimoresun.com/ne...-20150901-story.html

Who is the judge in the Freddie Gray hearing?

Barry Glenn Williams has been an Associate Judge with the Baltimore City Circuit Court since December 2005. On Wednesday, he'll become a bit more of a household name.

Judge Williams will preside over Wednesday's hearings in the Freddie Gray case. He's anticipated to hear motions to dismiss the case for prosecutorial misconduct, recuse Baltimore State's Attorney Marilyn Mosby and other prosecutors, and determine whether six Baltimore police officers charged in Gray's death will be tried together or individually.

Next week, the hearings will include a motion to move the officers' trials out of Baltimore. That takes place on Sept. 10.

Here's more about the judge presiding over the hearings this week:

Barry Glenn Williams

Age: 53

Title: Associate judge, Baltimore City Circuit Court, since December 2005

Career highlights: Led court's criminal division from 2012 until January. Chaired Criminal Justice Coordinating Council for Baltimore, 2012-2014. Special litigation counsel for the civil rights division of the U.S. Justice Department, 2002-2005. Trial attorney in the civil rights division of the U.S. Department of Justice, 1997-2002. Assistant state's attorney in Baltimore, 1989-1997

Education: Bachelor's degree in history from the University of Virginia, law degree from the University of Maryland School of Law

The medical examiner said the most likely scenario was that Freddie Gray (tied hand and foot and on his belly) stood up in the van. Then some type of van maneuver was hypothesized to have caused him to strike his head and break his neck.

No one knows exactly when that maneuver occurred, or specifically what it was.

She ruled it homicide rather than an accident because it was not an "unforeseen event".

At trial she testified she would not have ruled in homicide if Porter and the van driver had called for medical help sooner.

Officer Porter is testifying in his defense today.

http://www.cnn.com/2015/12/09/...-trial-freddie-gray/

Porter, who joined the police department in 2010, testified that he used seat belts when transporting people in his cruiser, but never in the tight quarters of the wagon in which Gray sustained the fatal injuries.

Of the roughly 150 prisoners he put in police wagons during his time on the job, Porter said, none was strapped to a seat belt.

"I didn't call for a medic because after talking to Mr. Gray he was unable to give me a reason for any kind of medical emergency," Porter told the jury.

"I didn't see anything externally, cuts or wounds."

Asked if Gray said he couldn't breathe, Porter replied: "Absolutely not."

Prosecutors allege that Porter, summoned by the driver to check on Gray during a stop on the way to a police station, did not immediately call for a medic when Gray asked for help.

During his six weeks of field training, Porter testified, people transported in wagons were never strapped to seat belts. At the police academy, he said, cadets were told to use seat belts while transporting prisoners, but were not shown how to do so.

Porter said he received an electronic copy of general orders, through a flash drive. "I never, ever had a physical copy of the general orders," he said.


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

The van driver, who called to have Porter check on Gray, was charged with second degree depraved heart murder. I wonder what the driver would have been charged with if he hadn't called on someone to check Gray.

quote:

Originally posted by jsbcody:
I am not too sure about a Not Guilty verdict. Remember there is a lynch mob outside the courthouse yelling during the trial. Now if there is a guilty verdict, it will be overturned on appeal.

Given the evidence presented by the prosecution before they rested their case, this whole thing doesn't even rise to the level of a kangaroo court proceeding.

I said many pages back, this was nothing but a travesty of the justice system. From the utterly incompetent two named mayor, to a state attorney focused only on her political career, to way overcharging the officers involved, to a judge with highly questionable qualifications and ethics to even take the case, to a refusal to change the venue for the trial, this whole thing has been nothing but a test book example of everything that is wrong with this country today. 'Justice' isn't even a distant goal in this attempted public lynching.

http://www.baltimoresun.com/ne...-20151209-story.html

Baltimore's mayor and police commissioner urged residents to react "respectfully" when a verdict is reached in the trial of Officer William Porter.

Porter is the first of six police officers to go to trial on charges connected to the arrest and death of Freddie Gray, who died after being injured in police custody in West Baltimore in April. Porter took the stand in his own defense on Wednesday.

As the end of the trial looms, Mayor Stephanie Rawlings-Blake called for a calm reaction, whether Porter is convicted or acquitted.

"We need everyone in our city to respect the judicial process," Rawlings-Blake said during a press conference at Baltimore Police headquarters downtown.

"All of us today agree the unrest of last spring is unacceptable. Baltimore has a chance to show the country how we can be heard peacefully, respectfully and effectively," Rawlings-Blake said.