Last week, the judge in the murder trial of a Baltimore police officer rendered a decision of Not Guilty on all charges. It the course of the trial, he had spanked the prosecution for failing to furnish exculpatory evidence to the defense team, and it came out that the prosecutors hadn’t wanted to hear what the lead investigator had to say.  That lead investigator, in fact, testified that when the case was presented to the grand jury, the prosecutor put words in her mouth: http://www.baltimoresun.com/news/maryland/freddie-gray/bs-md-ci-taylor-grand-jury-freddie-gray-20160625-story.html .

The deceased, Freddie Gray, died of neck injuries and was found in extremis after his arrest and a ride in a “paddy wagon.”  He was African-American, and his death triggered a major race riot.  In an obvious act of placation, the District Attorney got indictments against six officers, three of whom were also African-American. The defendant in question here, Caesar Goodson, was hit with the highest charge: Murder.  The State threw multiple theories against the wall of the courtroom, hoping at least one would stick.  None did. The prosecutors went to great lengths to overlook the fact that the deceased was known to injure himself so he could sue for damages (known as “crash for cash” in the trade), and that a fellow arrestee in the van told police that Gray seemed to be deliberately throwing himself around on the ride to jail. http://www.theblaze.com/stories/2015/08/07/attorneys-in-freddie-gray-case-drop-bombshell-claim-about-evidence-they-say-was-withheld-by-prosecution/ .

This is the third trial to come out of that prosecutorial train wreck. The first ended in a hung jury. The last two were bench trials (judge only) and both this one and the prior trial resulted in total acquittals. (The judge, by the way, is African-American.) You can read his explanation of his verdict at http://www.baltimorecitycourt.org/wp-content/uploads/2016/05/goodsonruling062316.pdf .

Here we see among other things validation of long-standing conventional wisdom in the trial courts: “If the case turns on the facts, go with a jury, but if the case hinges on the law, go with a bench trial.”  In this case, the judge appears to have correlated the facts and the law most wisely.

If you’re interested in more comprehensive info, the most telling coverage of the trials I’ve seen came from Mike McDaniel at statelymcdanielmanor.wordpress.com and our friend Andrew Branca at his own blog, lawofselfdefense.com, and at legalinsurrection.com.

A lawyer friend on a closed forum caught my attention with a joke now going around in criminal justice circles –

Cop: Knock, knock.

Baltimore Prosecutor: Who’s there?

Cop: Ofa.

Prosecutor’s Office: Ofa who?

Cop: 0 for 3.

7 COMMENTS

  1. I absolutely love that joke because these charges were all a bunch of you know what. Sadly Obama started a war against the police which has resulted in deaths and injuries to police officers as well as these frivolous prosecutions, terminations…

    You and your family enjoy the your Forth of July Weekend Mas. I will be celebrating with the family and getting some shooting in of course.

    God bless America!

  2. I echo Jack’s sentiment about these charges. One wonders if Mosby will get the message and stop these insane prosecutions.

    BTW, I’m curious about what happens to the innocent officers (like the Ferguson, MO cop who shot Michael Brown). Obviously their local careers are gone, but are they able to move somewhere (Idaho, Wyoming?) and rebuild their lives?

    Best Independence Day wishes Mas. I can’t wait to meet you next week at MAG40.

  3. “NO JUSTICE, NO PEACE!” has been shoved down our throats for years, but we herein (and anyone with IQs above cold mashed potatoes) knows that the genuine justice which has occurred here is not what those chanting that mean.
    Heck, I’ve known that ever since Tawana Brawly picked Al Sharpton to defend her and refused pro bono representation from the NAACP

    I do hold out hope that the more those in the Race Industry overplay their hand, the more intelligent people will see the truth. Not holding my breath. mind you, but still a bit hopeful…

  4. I read this morning that a law professor at George Washington University has filed a complaint with the Maryland lawyers professional ethics board seeking disbarment for Marilyn Moseby, the prosecutor in the Freddy Gray incident. Apparently he has standing to do so, and without a dog in the fight save his professional outrage at her conduct, is taken very seriously.

    This same professor was involved in the disbarment and prosecution of Mike Nifong in the Duke University lacrosse matter.

    One suspects he knows what he is doing and has the ability to get it done.
    We can only hope.

  5. “I heard your call for ‘no justice, no peace”

    If I may quote Professor Alan Dershowitz:

    “No decision on charges should ever be made on the basis of satisfying the demands of demonstrators or under the threat of violent demonstrations. Crowd control is not a proper component of prosecutorial discretion and is inconsistent with due process. Prosecutorial discretion should be exercised on the basis of an objective application of the law to the facts and not on the basis of the impact it may have on the crowd.”

    I do have one reservation about the actions of some of the police officers involved, and I am not trying to imply criminality, but just questioning whether some of the officers were mistaken in their failure to seek medical attention for Freddie Gray in a more timely manner?

  6. The problem is still that a man died in police custody, of injuries not apparently in evidence prior to being taken into custody.

    Someone killed him.

    Who was it?

  7. Robert Ries, given that Freddie Gray had a documented injury of injuring himself so he could bring money-winning lawsuits, and that another suspect in the same van stated that it sounded like Mr. Gray was throwing himself around violently in there, the most likely answer to “Who killed Freddie Gray” is … Freddie Gray.

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