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Freddie Gray case: Judge acquits Lt. Brian Rice of all charges
Prosecutors in Baltimore have failed for the fourth time to secure a conviction in the Freddie Gray case, with Circuit Judge Barry G. Williams acquitting Lt. Brian Rice of all charges related to Gray's arrest and death.
Williams cleared Rice, 42, of involuntary manslaughter, reckless endangerment and misconduct in office in a downtown Baltimore courtroom on Monday morning. The judge had dismissed a second-degree assault charge at the trial's midpoint, and prosecutors dropped a second misconduct charge at the start.Rice selected a bench trial rather than a jury trial, putting his legal fate in Williams' hands. He was was fourth of six officers charged in the case to go to trial.
Williams said prosecutors had failed to meet their burden of proving the charges beyond a reasonable doubt, instead asking the court to rely on "presumptions or assumptions" — something it cannot do. He said the court "cannot be swayed by sympathy, prejudice or public opinion." Based on the law, he said, the prosecution failed to prove the elements of the crimes.
The prosecution did not show Rice acted in a "grossly negligent manner," required of manslaughter, he said. It did not show that Rice acted in an unreasonable way or ignored the substantial risk in placing Gray in a police van without a seat belt, required for reckless endangerment, he said. And, it did not show Rice acted "corruptly," which is required for misconduct in office, he said.
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That prosecutor should be disbarred, at the very least, if not thrown in prison for putting these officers through this when there was nowhere near sufficient evidence to convict. The mayor, Stephanie Rawlings Blake, should be knocking on Freddie Gray's family's door and taking the $6.8 million settlement money back, and serving a hefty prison sentence for encouraging the riots last year.
I know none of those things will ever happen. This world is too messed up for the right things to take place.
Last edited by The Man (7/18/2016 5:25 pm)
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Mosley's 4 for 4 acquital record speaks for itself.
Who would think that in America cops would become political prisoners, albeit awaiting trial?
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The first thing I would do if I were king would be to appoint independent prosecutors when a member of a police force is involved in a case. The reason is obvious.
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Just Fred wrote:
The first thing I would do if I were king would be to appoint independent prosecutors when a member of a police force is involved in a case. The reason is obvious.
For clarification, please specify just what is obvious.
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For clarification, please specify just what is obvious. - Tennyson
Sure. Police departments and the DA offices work closely together on a day to day basis. They know eachother, and depend on eachother to bring criminals to justice.
A problem arises when a member of the 'family' is being investigated and/or charged with a crime. An independent prosecutor who has no ties to either party would be more objective and honest in my opinion.
Imagine you and I have worked together for years. You are being accused of a crime and I am the one charged with the task of prosecuting you. See what I mean? An independent prosecutor without ties to either the police department or the DA's office would seem like the way to go.
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Just Fred wrote:
For clarification, please specify just what is obvious. - Tennyson
Sure. Police departments and the DA offices work closely together on a day to day basis. They know eachother, and depend on eachother to bring criminals to justice.
A problem arises when a member of the 'family' is being investigated and/or charged with a crime. An independent prosecutor who has no ties to either party would be more objective and honest in my opinion.
Imagine you and I have worked together for years. You are being accused of a crime and I am the one charged with the task of prosecuting you. See what I mean? An independent prosecutor without ties to either the police department or the DA's office would seem like the way to go.
In this case though, it seemed that the DA and the police were on very opposite ends of the spectrum. I am not sure an independent prosecutor would have gotten these Gray cases to a different outcome. In fact, based on the results, an independent prosecutor probably would have declined to press certain charges against some of the officers.
Communities should have trust and faith in their public servants to do the right thing. There are certain times where an independent prosecutor would be necessary, but I think it should be decided on a case by case basis.
In terms of The Man's comment about taking back the civil settlement, remember that the burden of proof is much less in civil cases. The Baltimore PD could have been (and was likely) negligent in how they handled Freddie Gray while he was in there custody. As we have seen, the negligence wasn't judged to be at the felony level, but it was enough to award monetary compensation.
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TheLagerLad wrote:
Just Fred wrote:
For clarification, please specify just what is obvious. - Tennyson
Sure. Police departments and the DA offices work closely together on a day to day basis. They know eachother, and depend on eachother to bring criminals to justice.
A problem arises when a member of the 'family' is being investigated and/or charged with a crime. An independent prosecutor who has no ties to either party would be more objective and honest in my opinion.
Imagine you and I have worked together for years. You are being accused of a crime and I am the one charged with the task of prosecuting you. See what I mean? An independent prosecutor without ties to either the police department or the DA's office would seem like the way to go.In this case though, it seemed that the DA and the police were on very opposite ends of the spectrum. I am not sure an independent prosecutor would have gotten these Gray cases to a different outcome. In fact, based on the results, an independent prosecutor probably would have declined to press certain charges against some of the officers.
Communities should have trust and faith in their public servants to do the right thing. There are certain times where an independent prosecutor would be necessary, but I think it should be decided on a case by case basis.
In terms of The Man's comment about taking back the civil settlement, remember that the burden of proof is much less in civil cases. The Baltimore PD could have been (and was likely) negligent in how they handled Freddie Gray while he was in there custody. As we have seen, the negligence wasn't judged to be at the felony level, but it was enough to award monetary compensation.
Exactly why I asked the question.
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Take the settlement back?
Some would do well to study the difference between torte law and criminal law.
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I'm still going to stick to and promote the idea that independent prosecutors are the way to go if and when a member of a police department is accused of a crime. If for no other reason than for appearance sake.
It appears I'm alone with my position on this issue.
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