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Judge in Freddie Gray-Officer Trial Grills Prosecutors
nbcwashington ^ | Juliet Linderman

Posted on 05/19/2016 12:24:33 PM PDT by MarvinStinson

Edited on 05/19/2016 12:42:26 PM PDT by Admin Moderator. [history]

Prosecutors say Officer Edward Nero unlawfully arrested Gray and neglected to buckle him in a police van

A judge aggressively questioned prosecutors Thursday about why they charged an officer with assault in the arrest of Freddie Gray, and asked whether every officer who makes an arrest without probable cause should be charged with a crime.

Baltimore Circuit Judge Barry Williams grilled prosecutors during their closing arguments in the bench trial of Officer Edward Nero, who was one of three officers who chased Gray when he ran after making eye contact with an officer. Once Gray was in custody, officers found a knife on him, but the judge previously ruled that the knife's legality wouldn't be part of the trial.

Gray died last year, a week after his neck was broken in a police van. He was handcuffed and shackled in the van, but unrestrained by a seat belt. The department's policy calls for detainees to be belted in. Prosecutors say Nero unlawfully arrested Gray, and was negligent when he failed to buckle the man in.

The judge asked Deputy State's Attorney Jan Bledsoe whether every police officer who makes an arrest without probable cause should be charged. "You're saying that's a criminal assault, as opposed to just suppressing what's found in that search?'' the judge said.

The prosecutor replied, "yes, it's a criminal assault.'' Gray's death set off protests and riots over police officers' alleged mistreatment of blacks and led to a city-wide curfew as the National Guard came in and helped restore order.

Nero waived his right to a jury trial, instead choosing to leave his fate in the hands the judge. He did not testify.

Nero was on bicycle patrol in a high-crime area in the Western District on April 12, 2015, alongside Officer Garrett Miller and Lt. Brian Rice. While patrolling the area, Rice made eye contact with Gray, who took off running. Rice called over the radio for backup, and Nero and Miller joined the foot chase. Miller caught up with Gray and handcuffed him.

Miller, who also faces charges, said during testimony that he alone arrested Gray.

After Gray was in custody, officers found a knife on him. Prosecutors said the knife was legal and defense attorneys said it was illegal. Either way, the judge ruled its legality wouldn't be part of Nero's trial.

Nero told investigators that he touched Gray only twice: once when he helped the man, who'd already been handcuffed, sit up and look for an inhaler. The second time was when the van made a stop two blocks from the arrest site, and two officers secured him in leg shackles. Nero helped those officers slide Gray onto the floor of the van, head-first.

Nero's attorney argues his client didn't arrest Gray, and that it is the police van driver's responsibility to buckle in detainees.

Nero is the second officer to stand trial. Officer William Porter's manslaughter trial ended with a hung jury.


TOPICS: Crime/Corruption; Culture/Society; US: Maryland
KEYWORDS: baltimore; edwardnero; freddiegray; marilynmosby; maryland

1 posted on 05/19/2016 12:24:33 PM PDT by MarvinStinson
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To: MarvinStinson

If you wanna be a junkie wow remember Freddy’s dead


2 posted on 05/19/2016 12:28:15 PM PDT by Jim Noble (Cruz never could have outfought Trump.But I didn't know until this day that it was Romney all along.)
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To: Jim Noble

Baltimore children now safer.


3 posted on 05/19/2016 12:32:04 PM PDT by Paladin2 (Live Free or Die.)
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To: MarvinStinson
[E]very officer who makes an arrest without probable cause should be charged with a crime.

Yes. Specifically, kidnapping.

If I did it, that's what I'd be charged with.

4 posted on 05/19/2016 12:33:56 PM PDT by ExGeeEye (Mohammed was a war mongering pedophile rapist who started a Satanic death cult. Arrest me, Lynch.)
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To: MarvinStinson

WAht does “Phil Mickelson Named in SEC Insider Trading Complaint” have to do with the story.


5 posted on 05/19/2016 12:35:37 PM PDT by georgiarat (Obama, providing incompetence since Day One!)
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To: georgiarat

I missed that when editing out the crap.


6 posted on 05/19/2016 12:39:31 PM PDT by MarvinStinson
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To: georgiarat

Probably just a link at the bottom of the story.


7 posted on 05/19/2016 12:39:43 PM PDT by US_MilitaryRules (The last suit you wear has no pockets!)
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To: MarvinStinson
Baltimore Circuit Judge Barry Williams

So that's what happened to Greg Brady.
8 posted on 05/19/2016 12:46:41 PM PDT by day10 (You'll get nothing and like it!)
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To: MarvinStinson

Wow! If only law abiding tax paying Americans got the kind of respect Freddie Grey gets from the system!


9 posted on 05/19/2016 12:52:15 PM PDT by The Toll
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To: ExGeeEye

So if I arrest someone for a RUI... And then as gets dismissed... I should be charged?


10 posted on 05/19/2016 1:19:33 PM PDT by bike800
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To: The Toll
If only law abiding tax paying Americans got the kind of respect Freddie Grey gets from the system!

Good point!
I think some are still waiting to hear from Lois Lerner on their applications?

IRS person Lerner, retired so all is now well.

11 posted on 05/19/2016 1:26:27 PM PDT by DUMBGRUNT (Looks like it's pretty hairy.)
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To: bike800

1. What’s RUI? I assume it’s a crime of some sort.

2. If you can demonstrate probable cause, heck no.

3. So it gets dismissed. Or dude goes to trial and gets acquitted. But you had probable cause. Go forth in gladness that the system is working.


12 posted on 05/19/2016 2:00:13 PM PDT by ExGeeEye (Mohammed was a war mongering pedophile rapist who started a Satanic death cult. Arrest me, Lynch.)
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To: ExGeeEye

Oops... DUI


13 posted on 05/19/2016 2:23:40 PM PDT by bike800
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To: MarvinStinson

All of this kind of thing would be history if the police just stopped arresting black people.

Simple./s

.


14 posted on 05/19/2016 2:26:16 PM PDT by Mears
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To: Mears
All of this kind of thing would be history if the police just stopped arresting black people.

All criminals will just self identify as black.


15 posted on 05/19/2016 2:46:51 PM PDT by ASA Vet (Jus Soli + Jus Sanguinis = NBC)
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To: bike800
DUI

So yeah, if you got probable cause, no matter the outcome of the case, you're good in my book.

Not that you're looking for my approval, right?

I stand by my statement that "every officer who makes an arrest without probable cause should be charged with a crime"...specifically, kidnapping.

16 posted on 05/19/2016 4:11:42 PM PDT by ExGeeEye (Mohammed was a war mongering pedophile rapist who started a Satanic death cult. Arrest me, Lynch.)
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To: ExGeeEye

In Virginia we have to give our probable cause to a magistrate...once the warrant has been issued... The officer is usually good unless they lied to get the warrant...


17 posted on 05/19/2016 4:36:32 PM PDT by bike800
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To: bike800

How many prosecutions for perjury?


18 posted on 05/19/2016 4:45:12 PM PDT by ExGeeEye (Mohammed was a war mongering pedophile rapist who started a Satanic death cult. Arrest me, Lynch.)
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To: ExGeeEye

I have not seen perjury charges very often... And none against police officers here... And this is my 25th year on the DEPT


19 posted on 05/20/2016 11:01:12 AM PDT by bike800
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