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Freddie Gray Trials Resume With Prosecution of 2nd Baltimore Officer Freddie Gray Trials Resume With Prosecution of 2nd Baltimore Officer
(35 minutes later)
BALTIMORE — The second trial of a police officer charged in connection with the death of Freddie Gray began on Thursday and quickly pivoted to a basic question about police conduct: When does a lawful stop by a police officer turn into an unlawful arrest?BALTIMORE — The second trial of a police officer charged in connection with the death of Freddie Gray began on Thursday and quickly pivoted to a basic question about police conduct: When does a lawful stop by a police officer turn into an unlawful arrest?
As the case against Officer Edward M. Nero opened in a windowless courtroom here, it focused not on the death of Mr. Gray, the 25-year-old black man who suffered a fatal spinal injury in police custody last year, but on his arrest with prosecutors contending that his rights were violated by police officers even before he was injured. As the case against Officer Edward M. Nero opened in a windowless courtroom, it focused not on the death of Mr. Gray, the 25-year-old black man who sustained a fatal spinal injury in police custody last year, but on his arrest, with prosecutors contending that his rights were violated by police officers even before he was injured.
“The defendant’s conduct was not that of a reasonable police officer,” said a prosecutor, Michael Schatzow, who accused Officer Nero of failing to follow procedures designed to ensure Fourth Amendment protections against unlawful search and seizure.“The defendant’s conduct was not that of a reasonable police officer,” said a prosecutor, Michael Schatzow, who accused Officer Nero of failing to follow procedures designed to ensure Fourth Amendment protections against unlawful search and seizure.
“He deprived Mr. Gray of his liberty,” Mr. Schatzow added.“He deprived Mr. Gray of his liberty,” Mr. Schatzow added.
The death of Mr. Gray touched off this city’s worst riots since the death of the Rev. Dr. Martin Luther King Jr. and prompted the governor to call in the National Guard to patrol the streets, and it became an indelible part of the nation’s wrenching discussion over how police use force against minorities. The death of Mr. Gray touched off this city’s worst riots since the death of the Rev. Dr. Martin Luther King Jr. and prompted the governor to call in the National Guard to patrol the streets, and it became an indelible part of the nation’s wrenching discussion over how the police use force against minorities.
Six police officers were charged with the arrest and death of Mr. Gray, and the proceedings against them resumed Thursday following a mistrial last year in the trial of Officer William G. Porter and months of delays. Six police officers were charged in the events that preceded the death of Mr. Gray, and the proceedings against them resumed Thursday after a mistrial last year in the trial of Officer William G. Porter and months of delays.
Officer Nero, 30, who sat upright in court for much of Thursday’s proceedings, clad in a three-piece suit, is not charged directly with the death of Mr. Gray and was not present for the van ride in which prosecutors and defense lawyers have said Mr. Gray was injured. Instead, he faces charges of second-degree assault, misconduct while in office and reckless endangerment for his alleged role in Mr. Gray’s initial arrest. Officer Nero, 30, who sat upright in court for much of Thursday’s proceedings, dressed in a three-piece suit, is not charged directly with the death of Mr. Gray and was not present for the van ride in which prosecutors and defense lawyers have said Mr. Gray was injured. Instead, he faces charges of second-degree assault, misconduct while in office and reckless endangerment for his suspected role in Mr. Gray’s initial arrest.
He was described by his defense lawyer, Marc Zayon, as a dedicated public servant who loved to be on bike patrol, as he was during the morning of Mr. Gray’s arrest. “He liked being outside, he liked the exercise, he liked interacting with people,” Mr. Zayon said. He was described by his defense lawyer, Marc Zayon, as a dedicated public servant who loved to be on bike patrol, as he was on April 12, 2015, when he and other officers encountered Mr. Gray. “He liked being outside, he liked the exercise, he liked interacting with people,” Mr. Zayon said.
For the assault charge, prosecutors are deploying an unusual legal theory: That the officers who arrested Mr. Gray exceeded the scope of their authority during their encounter with him, and that, as a result, the physical contact they made with him amounted to assault. For the assault charge, prosecutors are deploying an unusual legal theory: that the officers who arrested Mr. Gray exceeded the scope of their authority during their encounter with him, and that, as a result, the physical contact they made with him amounted to assault.
Marc Zayon, a lawyer for Officer Nero, said the officers had reasonable suspicion to pursue and apprehend Mr. Gray after he fled from officers for no apparent reason in West Baltimore’s downtrodden Sandtown-Winchester neighborhood. Officers had been instructed to heavily patrol. , Marc Zayon, a lawyer for Officer Nero, said the officers had reasonable suspicion to pursue and apprehend Mr. Gray after he fled from them for no apparent reason in West Baltimore’s downtrodden Sandtown-Winchester neighborhood, which the police had been instructed to heavily patrol.
“There’s no question that this is a high-crime area,” Mr. Zayon said. “There is no question that this is unprovoked flight.” “There’s no question that this is a high-crime area,” Mr. Zayon said, adding, “there’s no question that you can handcuff a fleeing suspect for either officer safety or to prevent flight.”
But prosecutors said that although the officers were justified in stopping Mr. Gray and patting him down, in what is known as a “Terry stop,” they went well beyond that. Mr. Gray, they said, was handcuffed, placed on the ground and search, but never frisked first to establish probable cause. But prosecutors said that although the officers would have been justified in stopping Mr. Gray and patting him down, in what is known as a “Terry stop,” they went well beyond that. Mr. Gray, they said, was handcuffed, placed on the ground and searched, but never frisked first to establish probable cause, as the rule requires.
“The evidence will show, your honor, that this was an arrest, not a Terry stop,” Mr. Schatzow said. “It’s not allowed what the officers did.” “The evidence will show, your honor, that this was an arrest, not a Terry stop,” Mr. Schatzow said. He added: “They do nothing that Terry required and they do a search that terry does not allow.”
Mr. Zayon, the defense lawyer, denied that his client made physical contact with Mr. Gray during the first moments of his arrest, which Mr. Zayon said was primarily carried out by another police officer, Garrett E. Miller.Mr. Zayon, the defense lawyer, denied that his client made physical contact with Mr. Gray during the first moments of his arrest, which Mr. Zayon said was primarily carried out by another police officer, Garrett E. Miller.
“The only time he touches Freddie Gray is when he asks for his inhaler, and Officer Nero helps him,” Mr. Zayon said, adding that throughout the encounter with Mr. Gray, Officer Nero acted “as any other officer similarly situated would have done.” “The only time he touches Freddie Gray is when he asks for his inhaler,” Mr. Zayon said, adding that throughout the encounter with Mr. Gray, Officer Nero acted “as any other officer similarly situated would have done.”
David Jaros, a law professor at the University of Baltimore, said the distinction between a lawful detention and an unlawful arrest can be a deeply murky one that might not be easily resolved in a courtroom. David Jaros, a law professor at the University of Baltimore, said the distinction between a lawful detention and an unlawful arrest can be murky and not easily resolved in a courtroom.
“When we look at what is necessary to prove someone engaged in criminal activity, this is a particularly difficult case to make,” Mr. Jaros sad. “However, I think it’s important to recognize that there is a problem with policing in poor communities, and individuals being detained and arrested without probable cause in ways that violate their constitutional rights.” “When we look at what is necessary to prove someone engaged in criminal activity, this is a particularly difficult case to make,” Mr. Jaros said. “However, I think it’s important to recognize that there is a problem with policing in poor communities, and individuals being detained and arrested without probable cause in ways that violate their constitutional rights.”
Officer Nero faces a count of reckless endangerment for not fastening Mr. Gray’s seatbelt when he placed him in a police wagon that had arrived to take him to a nearby police station. Mr. Zayon said that Mr. Gray was “actively and passively” resisting arrest, and that it would have been too dangerous to do so. Officer Nero faces a count of reckless endangerment, for not fastening Mr. Gray’s seatbelt when he placed him in a police wagon that had arrived to take him to a nearby police station. Mr. Zayon said that Mr. Gray was “actively and passively” resisting arrest, and that it would have been too dangerous to do so.
Mr. Schatzow, the prosecutor, said Officer Nero ignored department procedure requiring seatbelt use and created a grave risk to Mr. Gray’s safety.Mr. Schatzow, the prosecutor, said Officer Nero ignored department procedure requiring seatbelt use and created a grave risk to Mr. Gray’s safety.
“He leaves him facedown on that filthy floor with Mr. Gray’s hands behind his back and his legs shackled,” Mr. Schatzow said. “He leaves him face down on that filthy floor with Mr. Gray’s hands behind his back and his legs shackled,” Mr. Schatzow said. The issue, he added, was “not one of danger.”
The issue, Mr. Schatzow added, was “not one of danger.”
“This issue is of not caring.”“This issue is of not caring.”