I tried several times to remove the quote888 but could not do it? Sorry for the mess!

Last edited by Common Sense (5/05/2015 8:07 am)

Common Sense wrote:

Confirmed – Freddie Gray’s Knife WAS Illegal

http://legalinsurrection.com/2015/05/confirmed-freddie-grays-knife-was-illegal/#more-126044


From the article:

Mosby Statement Reflects Jurisdictional Sloppiness 

As we noted in our Friday post on Mosby’s statement, it also reflects remarkable jurisdictional sloppiness, especially coming from a state prosecutor who works primarily in the relevant subsidiary jurisdiction of that state.  As reported by the New York Times, Mosby is quoted as explicitly stating that:
[quote888]The knife was not a switchblade and is lawful under Maryland law. (emphasis added)

Maryland law, however, is utterly irrelevant to Gray’s arrest, because he was not arrested for a violation of Maryland law.  Rather he was arrested for a violation of the City Code of Baltimore.The City of Baltimore has adopted as an ordinance its City Code §59-22, which states in relevant part:
[quote888]Switch-blade knives. (a) Possession or sale, etc., prohibited. It shall be unlawful for any person to sell, carry, or possess any knife with an automatic spring. (emphasis added)

The description of the charge brought against Gray explicitly provides that he
[quote888]did unlawfully carry, possess and sell a knife commonly known as a switch blade knife, with an automatic spring or other device for opening and/or closing the blade within the limits of Baltimore City. (emphasis added)
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Interesting info. I am not sure how significant it is, because no one saw the knfe before Gray was pursued and apprehended. (According to what I have read, in any event).
Perhaps it will have some relevance to the false imprisonment charge?

As for his treatment after arrest, obviously that is another issue.

"While Mosby said Friday that the officers had made an illegal arrest because a knife Gray was carrying was not a "switchblade," a violation of state law, the police task force studied the knife and determined it was "spring-assisted," which does violate a Baltimore code."

http://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-ci-incident-penn-north-20150504-story.html#page=1

You have the States Attorney come out and make a statement
With “facts” that are not correct! This is sloppy at best and will
play into the rush of judgement argument. I think the early
announcement possibility avoided big trouble over the weekend
but I think the bar was set high and I am not sure the States attorney
 will be able to reach that level.
 
My prediction is that there is no way they are going to get a 2nd degree
murder conviction.

Lager you are correct there is still the issue of a guy arrested and then dies
in custody!  
 
The who, what, when and where questions will be answered in the trial.
 
You have to hope the rest of the case is handled better.
 

The prosecutor's premise is that Gray's arrest was illegal because he was not carrying a prohibited weapon.

That premise has now been proven false.

The other issues--chief among them the failure to protect a person in custody--still remain.