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Freddie Gray trial: judge skeptical of 'rough ride' theory ahead of verdict Freddie Gray case: judge skeptical of 'rough ride' theory ahead of verdict
(35 minutes later)
A Baltimore judge announced he will render a verdict Thursday morning in the case of the police van driver charged with murder in the death of Freddie Gray. But the judge’s comments on Monday, the final day of the trial, suggested great skepticism over the prosecution’s central theory.A Baltimore judge announced he will render a verdict Thursday morning in the case of the police van driver charged with murder in the death of Freddie Gray. But the judge’s comments on Monday, the final day of the trial, suggested great skepticism over the prosecution’s central theory.
Judge Barry Williams questioned the prosecutor over evidence that the officer, Caesar Goodson, had intentionally given Gray what Baltimoreans call a “rough ride” – driving in such a way as to intentionally injure a prisoner who is handcuffed, shackled and not belted in.Judge Barry Williams questioned the prosecutor over evidence that the officer, Caesar Goodson, had intentionally given Gray what Baltimoreans call a “rough ride” – driving in such a way as to intentionally injure a prisoner who is handcuffed, shackled and not belted in.
“The state said to the world this was a rough ride. What did you mean by that? What evidence did you show?” Williams asked prosecutors.“The state said to the world this was a rough ride. What did you mean by that? What evidence did you show?” Williams asked prosecutors.
Warren Alperstein, a former prosecutor who now works as a defense attorney, said: “It was obvious that Judge Williams was bothered and perhaps even annoyed with the state that it had committed to the rough ride theory but yet didn’t come close to proving that a rough ride was given to Freddie Gray.”Warren Alperstein, a former prosecutor who now works as a defense attorney, said: “It was obvious that Judge Williams was bothered and perhaps even annoyed with the state that it had committed to the rough ride theory but yet didn’t come close to proving that a rough ride was given to Freddie Gray.”
The state’s rough ride expert had previously fallen apart and testified under cross-examination that he saw no evidence that the van either stopped, started or turned erratically or suddenly. Michael Schatzow, the deputy chief state’s attorney, argued the fact that Goodson is seen on film running a stop sign only a half a block before stopping to check on Gray – without informing the dispatch – indicated that he intended to bounce Gray around “like a pinball” but realized “there was a consequence greater than he anticipated”.The state’s rough ride expert had previously fallen apart and testified under cross-examination that he saw no evidence that the van either stopped, started or turned erratically or suddenly. Michael Schatzow, the deputy chief state’s attorney, argued the fact that Goodson is seen on film running a stop sign only a half a block before stopping to check on Gray – without informing the dispatch – indicated that he intended to bounce Gray around “like a pinball” but realized “there was a consequence greater than he anticipated”.
After the prosecution rested its case last week, the judge indicated that the second-degree depraved heart murder charge against Goodson was a “closer call” than the other charges even at that stage where he is required to view the evidence in the “light most favorable to the state”.After the prosecution rested its case last week, the judge indicated that the second-degree depraved heart murder charge against Goodson was a “closer call” than the other charges even at that stage where he is required to view the evidence in the “light most favorable to the state”.
Some experts think getting a conviction for murder is very unlikely.Some experts think getting a conviction for murder is very unlikely.
“The depraved heart murder charge … required the state to prove wanton and reckless disregard for human life,” said David Jaros, a law professor at the University of Maryland. “They hoped to establish [that] with a rough ride. Without that evidence, I think the judge indicated it was very unlikely to find that charge beyond reasonable doubt.”“The depraved heart murder charge … required the state to prove wanton and reckless disregard for human life,” said David Jaros, a law professor at the University of Maryland. “They hoped to establish [that] with a rough ride. Without that evidence, I think the judge indicated it was very unlikely to find that charge beyond reasonable doubt.”
Goodson, who was driving the van when Gray sustained fatal injuries last April, is also facing charges of manslaughter, reckless endangerment and misconduct in office.Goodson, who was driving the van when Gray sustained fatal injuries last April, is also facing charges of manslaughter, reckless endangerment and misconduct in office.
“It doesn’t appear to me that the state has come close to proving second-degree murder or any of the other crimes that have been charged,” Alperstein said, echoing the defense, which argued that that the “state has abjectly failed to show that anything officer Goodson did endangered Mr Gray’s life”.“It doesn’t appear to me that the state has come close to proving second-degree murder or any of the other crimes that have been charged,” Alperstein said, echoing the defense, which argued that that the “state has abjectly failed to show that anything officer Goodson did endangered Mr Gray’s life”.
During closing arguments, the prosecution tried to clinch its case that Goodson was constitutionally responsible for Gray’s safety and wellbeing after he was in the back of the van. Goodson, according to prosecutors, was criminally negligent in both his “lack of medical care” and “the lack of seatbelts”, according to prosecutor Janice Bledsoe.During closing arguments, the prosecution tried to clinch its case that Goodson was constitutionally responsible for Gray’s safety and wellbeing after he was in the back of the van. Goodson, according to prosecutors, was criminally negligent in both his “lack of medical care” and “the lack of seatbelts”, according to prosecutor Janice Bledsoe.
Defense attorney Matthew Fraling argued in court that “Mr Gray created the high danger of risk by removing himself from the prone position in which he had been placed” on the floor of the van.Defense attorney Matthew Fraling argued in court that “Mr Gray created the high danger of risk by removing himself from the prone position in which he had been placed” on the floor of the van.
According to the defense theory, Gray’s death was a tragic mistake. In a dramatic turn, they were permitted to introduce hearsay evidence in which police detective Dawnyell Taylor testified that the medical examiner, who ultimately ruled the death a homicide, had called called it a “freakish accident”.According to the defense theory, Gray’s death was a tragic mistake. In a dramatic turn, they were permitted to introduce hearsay evidence in which police detective Dawnyell Taylor testified that the medical examiner, who ultimately ruled the death a homicide, had called called it a “freakish accident”.
Goodson is the third of the six officers charged in Gray’s death to be tried. State’s attorney Marilyn Mosby announced charges on 1 May 2015 as the city was in the midst of a week of protests and a state of emergency and days after skirmishes between police and students erupted in fire and looting.Goodson is the third of the six officers charged in Gray’s death to be tried. State’s attorney Marilyn Mosby announced charges on 1 May 2015 as the city was in the midst of a week of protests and a state of emergency and days after skirmishes between police and students erupted in fire and looting.
Mosby has yet to gain a conviction. Though the city’s protest movement has been struggling to attract attention to the cases, a group of protesters who call the police treatment of Gray “a modern-day lynching” are already calling for people to “show your outrage, take to the streets” after the verdict is announced.Mosby has yet to gain a conviction. Though the city’s protest movement has been struggling to attract attention to the cases, a group of protesters who call the police treatment of Gray “a modern-day lynching” are already calling for people to “show your outrage, take to the streets” after the verdict is announced.
“Regardless of whether or not the judge finds beyond a reasonable doubt that a crime occurred here we have heard a discussion about rough rides, we have had ample evidence of the way people are treated as they are shuttled through the system, we have heard from the state’s attorney about how citizens are regularly grabbed and arrested without probable cause, and we’ve also heard questions about whether exculpatory evidence is turned over to the defense,” Jaros said. “All of these things attack the integrity of our criminal justice system and require a response from policy makers.”“Regardless of whether or not the judge finds beyond a reasonable doubt that a crime occurred here we have heard a discussion about rough rides, we have had ample evidence of the way people are treated as they are shuttled through the system, we have heard from the state’s attorney about how citizens are regularly grabbed and arrested without probable cause, and we’ve also heard questions about whether exculpatory evidence is turned over to the defense,” Jaros said. “All of these things attack the integrity of our criminal justice system and require a response from policy makers.”