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Judge Presses Prosecutors as Trial in Freddie Gray’s Death Winds Down Judge Presses Prosecutors on ‘Rough Ride’ in Death of Freddie Gray
(35 minutes later)
BALTIMORE — A judge here on Monday asked pointed questions of pros ecutors who are seeking to prove that the death of Freddie Gray, the black man who died of a spinal injury while in police custody, was second-degree murder, underscoring the difficulties for a team that has already tried two officers on other charges without getting a conviction. BALTIMORE — A judge here on Monday asked pointed questions of prosecutors who are seeking to prove that the death of Freddie Gray, the black man who died of a spinal injury while in police custody, was second-degree murder, underscoring the difficulties for a team that has already tried two officers on other charges without getting a conviction.
“The state said to the world it was a rough ride,” Judge Barry G. Williams of Baltimore City Circuit Court said as he pressed a prosecutor, Michael Schatzow, to explain whether his team had proved that Officer Caesar R. Goodson Jr. showed willful disregard for Mr. Gray’s life by driving a police van dangerously through West Baltimore on a sunny April morning last year.“The state said to the world it was a rough ride,” Judge Barry G. Williams of Baltimore City Circuit Court said as he pressed a prosecutor, Michael Schatzow, to explain whether his team had proved that Officer Caesar R. Goodson Jr. showed willful disregard for Mr. Gray’s life by driving a police van dangerously through West Baltimore on a sunny April morning last year.
Monday’s closing arguments wrapped up a trial that has conjured vastly different pictures of Mr. Gray’s ride in the police van and the exact timing of the injury, and left prosecutors treading carefully around the “rough ride,” once a central piece of their case.Monday’s closing arguments wrapped up a trial that has conjured vastly different pictures of Mr. Gray’s ride in the police van and the exact timing of the injury, and left prosecutors treading carefully around the “rough ride,” once a central piece of their case.
“When I said rough ride, I didn’t talk about driving 100 miles per hour,” Mr. Schatzow told the judge, who will render a decision on Thursday. “I said he wasn’t secured for the conditions in which the defendant drove.”“When I said rough ride, I didn’t talk about driving 100 miles per hour,” Mr. Schatzow told the judge, who will render a decision on Thursday. “I said he wasn’t secured for the conditions in which the defendant drove.”
There were other questions. Could Mr. Gray have suffered his injuries in an accident? Was there evidence of elevated speed? And what, specifically, had Officer Goodson, who is also black, done to risk Mr. Gray’s life?There were other questions. Could Mr. Gray have suffered his injuries in an accident? Was there evidence of elevated speed? And what, specifically, had Officer Goodson, who is also black, done to risk Mr. Gray’s life?
Mr. Schatzow said that Officer Goodson, 46, knew Mr. Gray was shackled, handcuffed but not seatbelted; that the officer made a wide right turn and an unannounced stop; and that he then failed to get medical care.Mr. Schatzow said that Officer Goodson, 46, knew Mr. Gray was shackled, handcuffed but not seatbelted; that the officer made a wide right turn and an unannounced stop; and that he then failed to get medical care.
“The intent is to bang him around,” Mr. Schatzow said. “The consequences to the prisoner were worse than what he anticipated.”“The intent is to bang him around,” Mr. Schatzow said. “The consequences to the prisoner were worse than what he anticipated.”
Officer Goodson’s lawyer, Matthew Fraling, argued that the officer did not intentionally endanger Mr. Gray. Instead, “Mr. Gray created a high degree of risk by removing himself from the prone position in which he had been placed to secure his transport,” Mr. Fraling said, dismaying some activists watching in the courtroom.Officer Goodson’s lawyer, Matthew Fraling, argued that the officer did not intentionally endanger Mr. Gray. Instead, “Mr. Gray created a high degree of risk by removing himself from the prone position in which he had been placed to secure his transport,” Mr. Fraling said, dismaying some activists watching in the courtroom.
Most days, Officer Goodson, a 17-year veteran of the Police Department, came to court in a suit with a gold tie clip and sat quietly without expression. He did not testify in his defense.Most days, Officer Goodson, a 17-year veteran of the Police Department, came to court in a suit with a gold tie clip and sat quietly without expression. He did not testify in his defense.
His fate is now in the hands of Judge Williams.His fate is now in the hands of Judge Williams.
The death of Mr. Gray, 25, set off violent protest, looting and arson here and put the city at the center of the national debate over race, policing and the use of force. The city’s top prosecutor, Marilyn J. Mosby, charged six officers with Mr. Gray’s arrest and death, and she reserved the steepest charge — second-degree “depraved heart” murder — for Officer Goodson. He faces six other charges, three of which are counts of manslaughter.The death of Mr. Gray, 25, set off violent protest, looting and arson here and put the city at the center of the national debate over race, policing and the use of force. The city’s top prosecutor, Marilyn J. Mosby, charged six officers with Mr. Gray’s arrest and death, and she reserved the steepest charge — second-degree “depraved heart” murder — for Officer Goodson. He faces six other charges, three of which are counts of manslaughter.
The first trial, of Officer William G. Porter, ended with a hung jury in December. The second trial, of Officer Edward M. Nero, ended in an acquittal in May.The first trial, of Officer William G. Porter, ended with a hung jury in December. The second trial, of Officer Edward M. Nero, ended in an acquittal in May.
Mr. Gray was arrested on April 12, 2015, after fleeing officers in the Sandtown neighborhood. He was eventually loaded, shackled and handcuffed, onto the floor of Officer Goodson’s police wagon, which made several stops before it arrived at the Western District police station, where Mr. Gray was found unresponsive. His neck was broken and his spinal cord compressed; he died a week later.Mr. Gray was arrested on April 12, 2015, after fleeing officers in the Sandtown neighborhood. He was eventually loaded, shackled and handcuffed, onto the floor of Officer Goodson’s police wagon, which made several stops before it arrived at the Western District police station, where Mr. Gray was found unresponsive. His neck was broken and his spinal cord compressed; he died a week later.
Prosecutors introduced the rough ride theory during their opening statements, but it ran into hurdles when one of their witnesses said he had not seen the van make abrupt starts, stops or turns in his review of the evidence. Another witness, a policing expert, said he could not say whether a rough ride had occurred.Prosecutors introduced the rough ride theory during their opening statements, but it ran into hurdles when one of their witnesses said he had not seen the van make abrupt starts, stops or turns in his review of the evidence. Another witness, a policing expert, said he could not say whether a rough ride had occurred.
In delivering her closing argument, a prosecutor, Jan Bledsoe, argued that Mr. Gray was injured between the second and fourth of six stops. She focused on what she said was Officer Goodson’s duty to place a seatbelt on Mr. Gray and to seek medical attention after he asked for it at the van’s fourth stop.In delivering her closing argument, a prosecutor, Jan Bledsoe, argued that Mr. Gray was injured between the second and fourth of six stops. She focused on what she said was Officer Goodson’s duty to place a seatbelt on Mr. Gray and to seek medical attention after he asked for it at the van’s fourth stop.
“Officer Goodson never calls for a medic. He never takes Freddie Gray to the hospital,” Ms. Bledsoe said.“Officer Goodson never calls for a medic. He never takes Freddie Gray to the hospital,” Ms. Bledsoe said.
But she did not use the term “rough ride,” and Mr. Fraling argued in his closing argument that prosecutors had tried to reshuffle their case when the evidence did not cut their way. Officer Goodson was justified in not putting a seatbelt on Mr. Gray because he had been “combative,” Mr. Fraling said, although Judge Williams suggested that the officer had a duty to reassess such a characterization over the course of the ride. But she did not use the term “rough ride,” and Mr. Fraling argued in his closing argument that prosecutors had tried to reshuffle their case when the evidence did not cut their way. Officer Goodson was justified in not putting a seatbelt on Mr. Gray because he had been “combative,” Mr. Fraling said, although Judge Williams questioned whether the officer had a duty to reassess such a characterization over the course of the ride.
“At no point in time did he present as being in medical distress or in need of medical treatment,” Mr. Fraling said of Mr. Gray. He added that Mr. Gray was injured between the fifth and sixth stops of the ride and that medical help was immediately summoned when Mr. Gray was discovered unconscious at the sixth stop.“At no point in time did he present as being in medical distress or in need of medical treatment,” Mr. Fraling said of Mr. Gray. He added that Mr. Gray was injured between the fifth and sixth stops of the ride and that medical help was immediately summoned when Mr. Gray was discovered unconscious at the sixth stop.
David Jaros, an associate professor of law at the University of Baltimore, said the case had raised important questions about policing in the city.David Jaros, an associate professor of law at the University of Baltimore, said the case had raised important questions about policing in the city.
“I think it’s a mistake for people to focus entirely on whether or not there’s a criminal conviction here,” Professor Jaros said, “rather than on whether or not we have ample proof of serious problems with police in Baltimore that require that we explore: How are we going to prevent these in the future?”“I think it’s a mistake for people to focus entirely on whether or not there’s a criminal conviction here,” Professor Jaros said, “rather than on whether or not we have ample proof of serious problems with police in Baltimore that require that we explore: How are we going to prevent these in the future?”