Posted on 05/06/2015 1:33:29 PM PDT by jazusamo
Full title: Md. Atty Claims Gray’s Knife Was ‘Lawful,’ But Says Evidence ‘Collected Cannot Ethically Be Disclosed’ to Public
(CNSNews.com) – As questions mount about what type of knife Freddie Gray reportedly was carrying when he was arrested on April 12, Maryland State Attorney for Baltimore City Marilyn Mosby said such “evidence” could not “ethically be disclosed,” although she accused six Baltimore police officers of illegally arresting Gray by claiming the knife in question was “lawful.”
“While the evidence we have obtained through our independent investigation does substantiate the elements of the charges filed, I refuse to litigate this case through the media,” said Mosby in a May 5 press release.
“The evidence we have collected cannot ethically be disclosed, relayed or released to the public before trial,” she said. “As I’ve previously indicated, I strongly condemn anyone in law enforcement with access to trial evidence, who has or continues to leak information prior to the resolution of this case. These unethical disclosures are only damaging our ability to conduct a fair and impartial process for all parties involved.”
Mosby charged all six officers with misconduct in office and second-degree assault after Gray died from a spinal injury while in police custody following his arrest. The officers are William Porter, Garrett Miller, Edward Nero, Caesar Goodson, Lt. Brian Rice, and Sgt. Alicia White.
Miller, Nero and Rice were also charged with false imprisonment.
Porter, Goodson, Rice and White were also charged with manslaughter, and Goodson was charged additionally with second-degree murder.
During a press conference on May 1, Mosby publicly claimed the officers “illegally arrested Mr. Gray” because the knife Gray carried was permissible under the law.
“The knife is not a switchblade and is lawful under Maryland law,” Mosby stated.
“Lt. Rice, Officer Miller and Officer Nero failed to establish probable cause for Mr. Gray’s arrest, as no crime had been committed by Mr. Gray,” she continued. “Accordingly, Lt. Rice, Officer Miller and Officer Nero illegally arrested Mr. Gray.”
Defense Attorney Marc Zayon, who represents accused officer Nero, filed a motion in Baltimore City District Court on Monday, May 4, requesting that Mosby allow the defense to inspect the knife to ensure her claim that it was in fact legal.
Mosby’s May 5 press release made it clear she would not release any evidence, claiming that it could not “ethically be disclosed.”
Freddie Gray’s arrest report, filled out by Miller, claimed that Gray had violated Statute 19.59.22 of the Baltimore City Code, which states: “It shall be unlawful for any person to sell, carry, or possess any knife with an automatic spring or other device for opening and/or closing the blade, commonly known as a switch-blade knife.”
Sec. 4-105 of Maryland’s Criminal Code defines a switchblade as “a knife or a penknife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, commonly called a switchblade knife or a switchblade penknife.”
In the report, Miller stated he personally recovered the knife from Gray and inspected it, determining that it was a “spring assisted, one hand operated knife.”
CNSNews.com reached out to Zayon on Wednesday, May 6 for comment as to whether Mosby’s office had yet responded to his request to inspect the knife. As of this writing, Zayon had not responded to emails or calls.
Imho, at the very least, she’s inexperienced and biased.
And apparently spring assisted knives are legal in Maryland but illegal in Baltimore.
Call me a felon then. I’ve carried a spring assist for years there.
Well then “several reports here on Free Republic” are WRONG.
I just read the actual Baltimore City Code Section and spring-assisted knives are not mentioned.
I fail to see how any law regarding knives can square with the second amendment.
I think it depends on how the spring operates. If all it takes is pushing a button and then the spring does the rest, it probably is illegal. If it is one of the spring assisted knives that you start opening with your hand, then it MAY be legal...depends on the wording and how courts have interpreted it.
http://www.mdshooters.com/showthread.php?t=96897
“The law defines a “switchblade” as any knife having a blade that opens automatically by hand pressure applied to a button or other device in the handle, or by operation of inertia or gravity.”
In any case, for a legal arrest, all that is needed is a reasonable belief that X was illegal, not proof. That is a pretty low standard.
OMG, She’s coming off as the Marie Harf of State’s Attorneys.
Ms. Mosby, there is really no place to hide.
But, she could pull a Hillary, and the evidence either disappears or is returned to the family because it is an heirloom.
From Baltimore
59-22. 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 or
other device for opening and/or closing the blade, commonly known as a switch-blade knife.
Dittos! Two things we know for sure now:
Obama wasn't born in Hawaii
That knife is illegal.
I doubt the knife is a switchblade as defined. To be a switchblade, the button or whatever "releases" the blade has to be in the handle. I don;t recall seeing any of the common spring assist knives with a button in the handle, other than some where there is a blade lock, and on those, unlocking the blade does not result in the blade coming out (some Kershaw models).
I find it puzzling that she is averse to publishing the evidence to the public. There should be no question about what sort of knife is legal or illegal to carry. If the statute doesn't admit ascertaining that (by the general public), then the law is void for vagueness. She says it's a legal knife - so share with the public what model she finds legal (i.e., her office won't prosecute for possession).
The state’s attorney is affirmative-action writ large. What an incompetent fool.
I agree, that's what is weird about this. The only thing I can think of is that she made a big deal out of the arrest being illegal due to the knife issue. Could be that the arrest was legal even if the knife wasn't and she stuck her foot in her mouth.
“ethically”??
Gray is DEAD and can’t be charged, so there is NOTHING to protect him from.
Mosby is the only other butt being protected by hiding this evidence.
1. The arrest was under Baltimore City Code, not state.
2. As long as the knife is reasonably similar to an illegal knife, the arrest will stand up as the officer is not expected to make the final determination, that's up to the court.
Classic liberal reasoning.
“It is because I say it is. Now sit down and shut up.”
Sounds like excellent points to me.
There can be no gag order because nothing has been presented to a judge. I don’t think anyone can issue a gag order.
EXACTLY
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