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Prosecutors to test novel legal theory in trial of officer charged in Freddie Gray case
Read the full article here:
Prosecutors are expected to test a novel legal theory this week in the trial of a police officer charged in the arrest and death of Freddie Gray — that the officer didn't have the authority to detain him and therefore committed an assault by putting him in handcuffs.
The allegation could have widespread implications for policing in Baltimore and Maryland. Hundreds of detainees in the city are released every year after being arrested without being charged.Officer Edward M. Nero's defense team argues that police shouldn't be second-guessed — and face criminal charges — when they carry out their duties in good faith, while prosecutors say officers should face consequences when their actions turn out to be wrong, and the consequences are so catastrophic.
By taking a chance with this kind of case, legal experts said, Baltimore's State's Attorney Marilyn J. Mosby must believe she is correctly interpreting the law and has the political will. "Is it a gutsy theory? Yes. Do I think most prosecutors would have brought charges on this theory? Probably not," said Paul Butler, a former federal prosecutor who is now a Georgetown University law professor. "But these are extraordinary times, and Baltimore is a city where a lot of the usual political dynamics don't apply."
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From WJZ, Baltimore NOT Guilty on all counts!
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UPDATE [11:34AM]:
In announcing his verdict of not guilt trial Judge Barry Williams made clear that he found the defense theory of the case to be far more compelling than he did the state’s theory.It is worth recalling in this context that the state bears the great burden of proving the defendant guilty beyond a reasonable doubt. A state can have a more compelling case than the defense and still fail to convict, if they fail to exceed reasonable doubt.
A case in which the defense actually has the more compelling narrative means the prosecutors were never even close to obtaining a conviction.Williams concluded that the state had failed to prove that Nero acted unreasonably.
Unreasonable conduct is an explicit element for the reckless endangerment charge, and its absence ensured an acquittal on that charge.Williams also concluded that only Officer Garrett Miller physically arrested Gray. The second degree assault charge against Nero was premised on the theory that his arrest of Gray was unlawful.
The conclusion that Nero did not in fact arrest Gray at all ensured an acquittal on the second degree assault charge.Williams also dismissed the state’s bizarre legal theory that Nero should be found guilty on the basis of criminal conspiracy, because of his cooperation with Miller and other officers in arresting and transporting Gray.
Williams also noted that this verdict, naturally, applies narrowly to Nero, and has no direct implications for the five other scheduled Freddie Gray trials.It should be noted, however, that the nature of Nero’s trial does have implications for the scheduled trial of police officer Garrett Miller. Miller testified extensively in the Nero trail, after being compelled to do so following his being granted use immunity by state prosecutors.
A consequence of that grant of immunity is that nothing he said on the witness stand can now be used against him in his own trial. That will effectively gut efforts to prosecute Miller.
Last edited by Common Sense (5/23/2016 10:48 am)
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No matter what you think about the actual guilt or not of any or all of these police officers, I think when all the trials are looked back on and analyzed that the prosecution pretty much made a mess of it.
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The prosecution overcharged because of conditions in Baltimore city! Charges were based on emotions and not the facts of the case.
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What time do the riots start?
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They just reopened the CVS drug store that was burned down last year..................
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