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Civil Unrest in Baltimore and the Freddie Gray Trial


TerraPrime

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It seems a little strange they weren't all charged with manslaughter. It seems like establishing intent is going to be really hard.





The one officer who was charged with 2nd degree murder was also charged with manslaughter, and he was the driver of the car. Intent can certainly be inferred from conduct, but without knowing anything else, at this point I'll just have to defer to the charges and see how it shakes out.


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As a precautionary note, let's keep in mind that not everything on social media is trusth-worthy. In fact, most of them probably aren't, if you don't follow them (twitter, instagram, etc.) to know their history of posting. Here's a great article that takes down a few of these fake accouonts that post outrageous things that are totally fabricated:



https://medium.com/@Storyful/baltimore-looting-tweets-show-importance-of-quick-and-easy-image-checks-a713bbcc275e

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So since all the important news just got cut off as it was posted, I'll shameless quote people from that thread:

Inigima:

Gray's death ruled a homicide. Van driver charged with second degree murder, and he and five other officers charged with various offenses including involuntary manslaughter. Sundry other conclusions.

Specifics of the charges notwithstanding, this is really good news. Partly because it looks like the right decision, and partly because of what it represents with respect to police misconduct. I'm very glad to hear this isn't going to just quietly go away.

http://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-ci-freddie-gray-mosby-presser-0502-20150501-story.html#page=1

The six Baltimore police officers involved in the arrest of Freddie Gray – who died last month after being injured in police custody – have been charged criminally, State's Attorney Marilyn Mosbyannounced Friday.

As you'd expect, the police are not happy with this. The Fraternal Order of Police Lodge 3 sent a rather disgusting letter to Mosby (the prosecutor) over it;

http://live.baltimor...imore/161526165

The Fraternal Order of Police Lodge 3 is asking Baltimore State’s Attorney Marilyn Mosby to appoint a special prosecutor to the Freddie Gray investigation because of her personal connection to the Gray family’s attorney, William H. “Billy” Murphy Jr., and her marriage to a City Councilman.
The letter from FOP President Gene Gyan also states that none of the six officers involved in Gray’s arrest and death were responsible for the 25-year-old West Baltimore man’s death that spurred a night of rioting, looting, protests and unrest. The letter was released just minutes before Mosby announced charges against the officers.

The letter itself can be seen here:

http://images.scribb...6b63303_800.jpg

Including a truly disgusting "It'll be bad for your husbands career if you don't do what we ask" threat.

Finally this bit too:

http://www.independent.co.uk/news/world/americas/the-man-who-filmed-freddie-gray-video-has-been-arrested-at-gunpoint-10217973.html

Kevin Moore, the man who filmed Freddie Gray's brutal arrest, has now himself been arrested following "harassment and intimidation" from Baltimore police.

Moore was arrested at gunpoint last night along with two other members of Cop Watch, agroup dedicated to filming and documenting police work.

His video of Gray's arrest was shot shortly before the man suffered spinal injuries while in police custody that led to his death.

The cops, as usual, are covering themselves in glory here.

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At least a trial means all the evidence can be laid out. I am a bit sick of sifting through the news....I can't judge what is true and what isnt, and have to always double check the source.



I think the 'depraved-heart' charge is important, I cant think of reasons a prosecutor can put that up there unless there is compelling evidence or reason to do so. Still, with fraught cases like these we should probably wait and watch.


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The prosecutor is a fascinating

character.

http://www.cnn.com/2015/04/30/us/baltimore-freddie-gray-prosecutor/index.html

I think she's going to deliver a fair conviction of these animals.

Mosby, 35, who comes from a long line of police officers, including her grandfather, four uncles and her mother, assumes a key role in the latest case to draw national attention to the issue of relations between police officers and the communities they are sworn to serve.

"To the rank-and-file officers of the Baltimore City Police Department, please know that the accusations of these six officers are not an indictment on the entire force," she said Friday.

Mosby noted that her late grandfather was a founding member of the first African-American police organization in Massachusetts.

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At least a trial means all the evidence can be laid out. I am a bit sick of sifting through the news....I can't judge what is true and what isnt, and have to always double check the source.

I think the 'depraved-heart' charge is important, I cant think of reasons a prosecutor can put that up there unless there is compelling evidence or reason to do so. Still, with fraught cases like these we should probably wait and watch.

yeah. it does sort of imply that there's a smoking gun.

Will be interesting to see what facts emerge as this goes on.

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So since all the important news just got cut off as it was posted, I'll shameless quote people from that thread:

As you'd expect, the police are not happy with this. The Fraternal Order of Police Lodge 3 sent a rather disgusting letter to Mosby (the prosecutor) over it;

http://live.baltimor...imore/161526165

The letter itself can be seen here:

http://images.scribb...6b63303_800.jpg

Including a truly disgusting "It'll be bad for your husbands career if you don't do what we ask" threat.

I read the letter differently. They appear to be claiming that she has a conflict of interest because a conviction of the police officers would benefit her husband, who is a city councilman that represents areas in Baltimore involved in the rioting, because it would be popular with his constituents, and likewise, not charging the police would hurt her husband because it would be unpopular with his constituents. I don't think they are threatening her husband's career. They just want her to take herself off the case because of the alleged conflict of interest.

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I read the letter differently. They appear to be claiming that she has a conflict of interest because a conviction of the police officers would benefit her husband, who is a city councilman that represents areas in Baltimore involved in the rioting, because it would be popular with his constituents, and likewise, not charging the police would hurt her husband because it would be unpopular with his constituents. I don't think they are threatening her husband's career. They just want her to take herself off the case because of the alleged conflict of interest.

Which is a thinly veiled threat. If her husband is a councilman, what she's supposed to recuse herself from any case that that could be popular or unpopular with his constituents? Those are the words they used, but that's not what they mean.

eta: I'd also imagine that they're sending this now so that they can show a paper trail of concern about her impartiality, so that it might have more weight on an appeal. Of course, once again I'm not a lawyer and don't know if that even matters or not.

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Which is a thinly veiled threat. If her husband is a councilman, what she's supposed to recuse herself from any case that that could be popular or unpopular with his constituents? Those are the words they used, but that's not what they mean.

eta: I'd also imagine that they're sending this now so that they can show a paper trail of concern about her impartiality, so that it might have more weight on an appeal. Of course, once again I'm not a lawyer and don't know if that even matters or not.

I still don't see how this is a threat to her husband's career. The worse thing that can be done is for the attorneys for the charged officers to assert to the judge handling the case that Mosby has a conflict of interest. That doesn't seem like a big deal to me, especially since it's unlikely to work. She doesn't have to recuse herself from anything if she doesn't think that there is a conflict of interest. The burden is on the other side to prove that a conflict exists, and they are entitled to make that argument to the judge.

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I still don't see how this is a threat to her husband's career. The worse thing that can be done is for the attorneys for the charged officers to assert to the judge handling the case that Mosby has a conflict of interest. That doesn't seem like a big deal to me, especially since it's unlikely to work. She doesn't have to recuse herself from anything if she doesn't think that there is a conflict of interest. The burden is on the other side to prove that a conflict exists, and they are entitled to make that argument to the judge.

The implicit (it's really not even that implicit) threat is that the Baltimore City Fraternal Order of Police is going to punish Ms. Mosby by campaigning against her husband when he comes up for election on the Baltimore City Council. The members of the Baltimore City Council are elected for four-year terms. Nick Mosby, Marilyn Mosby's husband, was elected in 2011, which, if my maths is correct, means that he's coming to the end of his term within the year, and is up for re-election.

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Naw, Mudguard, if they just wanted to express that they see a conflict of interest, they'd say it exactly that way. Like how they said there was a conflict of interest due to her relationship with the Gray family lawyer. Stating that her husband's career is on the line based on what she does goes a bit further than that.



The only way it could have been more obvious this was a threat is if they included, "This next sentence is a threat."


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The implicit (it's really not even that implicit) threat is that the Baltimore City Fraternal Order of Police is going to punish Ms. Mosby by campaigning against her husband when he comes up for election on the Baltimore City Council. The members of the Baltimore City Council are elected for four-year terms. Nick Mosby, Marilyn Mosby's husband, was elected in 2011, which, if my maths is correct, means that he's coming to the end of his term within the year, and is up for re-election.

That just doesn't make much sense to me. You think that Nick Mosby's district, which rioted, is going to be persuaded by Police campaigning against him? If anything, that's just going to make him even more popular in his district. I really doubt that they were thinking about going down this road. I think the recusal angle makes more sense. Still a long shot in my view, but not crazy. You really think they would make a blatant threat in an open letter?

Naw, Mudguard, if they just wanted to express that they see a conflict of interest, they'd say it exactly that way. Like how they said there was a conflict of interest due to her relationship with the Gray family lawyer. Stating that her husband's career is on the line based on what she does goes a bit further than that.

The only way it could have been more obvious this was a threat is if they included, "This next sentence is a threat."

Well, to show a conflict of interest existing with her husband, they need to show that her husband would have something to gain or lose by the way the case is prosecuted. It's not enough to just say that she's married to the councilman representing the district and leave it at that.

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It's breathtakingly naive to see the police literally say "Nice career your husband has there, would be a shame if something happened to it" and think it's not a threat.


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