Posted on 12/19/2015 3:07:35 PM PST by Kaslin
With all the frantic activity going on this week I didn’t get the opportunity to revisit the long running saga of the Freddie Gray trials, currently unfolding in the burned out remains of Charm City. As we previously discussed, Baltimore State’s Attorney Marilyn Mosby made the decision to not only move forward quickly with charges against six officers involved in Gray’s arrest, but got the trials started in almost breathtakingly short order. This week, the first trial against Officer William Porter (who faced some of the lightest charges) ended in a mistrial. The jury had come back to the judge several times with questions, requests for witness transcripts and complaints that they couldn’t come to a resolution, but had been sent back to work by the judge. In the end, though, they couldn’t reach a consensus and a mistrial was declared.
So what happens next? Nobody seems to be entirely sure. They certainly have the option to take Porter back before the wheel again, but it’s unclear if Mosby really wants to tackle the same job twice unless she thinks her chances will be improved the second time around. There have been private, in chambers meetings taking place this week between the prosecutor and the defense attorneys, but there’s been no answer yet. Even if they are going to run it again, the next question is if they want to move forward immediately and also if that means they need to push back the trials of the remaining officers. The latter is of particular concern because more than a few legal analysts seem to feel that blowing the Porter prosecution may have endangered their chances of bringing in any of the remaining police officers guilty. (Time)
Defense attorneys and law professors generally agree that prosecutors chose to try Porter first because they believed his to be the strongest case, but also because the state hoped it could place Porter on the stand against his fellow officers after the legal case against him concluded. Porter, who faces involuntary manslaughter and other charges, might have been particularly useful in the trial of Officer Caesar Goodson Jr., the driver of the van carrying Gray after his arrest, experts say. In his trial, Porter testified that he had suggested to Goodson that they take Gray to a hospital after Gray asked for medical attention inside the van, a request that went unheeded.
The question now is whether Goodson's trial, scheduled to begin on Jan. 6, will move forward as scheduled or whether it will be delayed so that Porter's case can be retried. University of Maryland law professor Michael Greenberger says moving Goodson's trial date "arguably deprives the defendant of a right to a speedy trial," meaning Porter's case could potentially come after the other five trials.
Mosby has really stepped in it here. If Porter’s case was really the “strongest” one they had and they couldn’t get twelve people from Baltimore to agree on it, this entire show could be in danger of closing early. Further, the odds of getting him to testify against his fellow cops while you’re still trying to send him to prison might be diminished. But this is just the next side show in a circus which seems to be making a mockery of the justice system. In theory, each of the defendants should be getting a unique, impartial hearing and a chance to either clear their name or be found guilty and punished. Have the trials of the rest of them hinge on this one cop’s fate makes the entire process suspect.
How Mosby ever expected to get an impartial jury in Baltimore in the first place remains a mystery. Both sides could have benefited from packing up the whole gang and taking them someplace where there’s at least a chance that you could find some people who had either never heard of Freddie Gray or hadn’t seen enough to form an opinion. (The oil fields of North Dakota might not have been a bad choice.) It seem as if it’s too late for that now, though, so it’s on with the show. If they drop the case against Porter, the remaining five may simply walk. If they push their trails back to go after Porter again and they fail, he has absolutely no incentive to help them. We’ve been saying here from the beginning that this could be a career case for Mosby… perhaps the end of a career.
Who knows...perhaps the Baltimore prosecutor is as ensnared in her decision to prosecute as the Waco prosecutor is ensnared in his ridiculous prosecution of 170(?) bikers ...all, or almost all, who are certainly innocent but still having their lives destroyed.
I hope so!
7 blacks and 5 whites didnt want to convict the black man lets see how it turns out for the crackers
They will keep trying these cops until they get a conviction. The city (and D0J) have too much invested in this propaganda show to give up on their show trials.
My guess is they are applying heavy pressure to just get an agreement to a much reduced charge like reckless driving in exchange for testimony.
I hope the defendant stands firm and his attorney does not sell him out. Where is the money coming for his defense? That is the power of the government, they can bankrupt you if they want to do it and anyone who supports you as they have unlimited resources.
I believe the money is coming from the police union.
The white cops should know that their fate will very probably decided in Washington.
Mosby has really stepped in it here. If Porter’s case was really the “strongest†one they had and they couldn’t get twelve people from Baltimore to agree on it, this entire show could be in danger of closing early.
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I know Porter is black but he’s still fortunate that he didn’t have 12 black jurors.
Cop hatred trumps blackness.
The black defendants will probably all walk.
I thought this Mosby was supposed to be some mega-talented super genius, the greatest thing since Obama? That’s all I heard and read before.
But TIME seems to be in favor of this cop who is accused. People will come forth with greater assurance that it isn’t just a slam dunk case that was going to be won easily.
Mosby is certainly equal to obozo in intelligence.
With little if any direct courtroom experience.
Never fear, they will try him until they get a conviction ... we’re talking social justice here!
I bet that the Persecutor in charge (Mosby) wishes the US justice system was more like South Africa’s.
This is interesting .. because I wondered if the jury took it upon themselves to shut down this circus of a trial ..??
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