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Charges Dropped in Freddie Gray Case Against Baltimore Officers Charges Dropped in Freddie Gray Case Against Baltimore Officers
(about 1 hour later)
The state’s attorney in Baltimore on Wednesday dropped all remaining charges against three city police officers awaiting trial in the death of Freddie Gray, ending one of the most closely watched — and unsuccessful — police prosecutions in the nation.The state’s attorney in Baltimore on Wednesday dropped all remaining charges against three city police officers awaiting trial in the death of Freddie Gray, ending one of the most closely watched — and unsuccessful — police prosecutions in the nation.
The decision brought a stunning end to a sweeping prosecution that began with criminal charges against six police officers last May, announced with the city still in the grips of violent protest after the death of Mr. Gray, who was found unresponsive and not breathing after he rode unsecured in a police transport wagon after his arrest on a bright morning in April 2015. Mr. Gray later died of a spinal cord injury. The decision brought to a close a sweeping prosecution that began with criminal charges against six police officers last May, announced with the city still in the grips of violent protest after the death of Mr. Gray, who was found unresponsive and not breathing after he rode unsecured in a police transport wagon after his arrest on a bright morning in April 2015. Mr. Gray later died of a spinal cord injury.
But prosecutors were unable to secure a single conviction during the first four trials, the first of which, for Officer William G. Porter, began in December and ended in a mistrial that led to months of delays. Officer Edward M. Nero, who participated in the initial arrest, was acquitted in May; Officer Caesar R. Goodson Jr., the driver of the vehicle in which Mr. Gray was transported, was acquitted in June; and another officer present early in the arrest, Lt. Brian Rice, was acquitted earlier this month.But prosecutors were unable to secure a single conviction during the first four trials, the first of which, for Officer William G. Porter, began in December and ended in a mistrial that led to months of delays. Officer Edward M. Nero, who participated in the initial arrest, was acquitted in May; Officer Caesar R. Goodson Jr., the driver of the vehicle in which Mr. Gray was transported, was acquitted in June; and another officer present early in the arrest, Lt. Brian Rice, was acquitted earlier this month.
Mr. Gray’s death, and the protests that followed, catapulted Baltimore to the center of a national reckoning over race and policing. The state’s attorney, Marilyn J. Mosby, helped quell the unrest by announcing the prosecutions and telling protesters that she had heard their calls for “no justice, no peace.” The extraordinary turn of events put in sharp relief the wrenching national debate over race and policing. But in Baltimore, a majority black city, that debate is playing out with great nuance. The Freddie Gray case featured a black victim, but it also had a black judge who once worked as a civil rights lawyer investigating police misconduct and a black prosecutor. And three of the six officers are also black, as is the defense lawyer who spoke on their behalf Wednesday.
On Wednesday, a defiant Ms. Mosby — released from the gag order that had kept her from commenting on the cases — fiercely defended the prosecutions. “We do not believe Freddie Gray killed himself,” she said. At the end, there were no convictions, and there were more questions than answers, with still no clarity on how Mr. Gray died.
On Wednesday, the state’s attorney, Marilyn J. Mosby — released from the gag order that had kept her from commenting — fiercely defended the prosecutions. “We do not believe Freddie Gray killed himself,” she said.
Ms. Mosby also said the prosecutions had led to changes to police practices and pushed the Baltimore Police Department, long plagued by accusations of racial bias and under investigation by the Department of Justice, “one step closer to equality.”Ms. Mosby also said the prosecutions had led to changes to police practices and pushed the Baltimore Police Department, long plagued by accusations of racial bias and under investigation by the Department of Justice, “one step closer to equality.”
Ms. Mosby’s move caused ripples on the presidential campaign trial, as Donald J. Trump, who has cast himself as the law-and-order candidate, sharply criticized her.
“I think she ought to prosecute herself,” Mr. Trump told reporters traveling with him. He added, “I think it was disgraceful what she did and the way she did it and the news conference that she had where they were guilty before anybody knew the facts.”
Critics of Ms. Mosby have long raised questions about whether she overcharged the officers. She insisted Wednesday that she had not.Critics of Ms. Mosby have long raised questions about whether she overcharged the officers. She insisted Wednesday that she had not.
Instead, appearing before television cameras in front of a mural in the West Baltimore neighborhood where Mr. Gray grew up, was arrested and died, she was every bit as passionate as she was when she first announced the prosecutions. And she issued an urgent call for criminal justice reform.Instead, appearing before television cameras in front of a mural in the West Baltimore neighborhood where Mr. Gray grew up, was arrested and died, she was every bit as passionate as she was when she first announced the prosecutions. And she issued an urgent call for criminal justice reform.
Ms. Mosby said the decision to drop the charges had been “agonizing.” But she said had had no choice given the realities of the case — including the lack of an independent investigatory agency to help prosecutors and the officers’ right to opt for bench trials. The judge, Barry G. Williams Jr., made clear he did not agree with prosecutors’s theory of the case.Ms. Mosby said the decision to drop the charges had been “agonizing.” But she said had had no choice given the realities of the case — including the lack of an independent investigatory agency to help prosecutors and the officers’ right to opt for bench trials. The judge, Barry G. Williams Jr., made clear he did not agree with prosecutors’s theory of the case.
“Without real substantive reforms to the current criminal justice system, we could try this case 100 times and cases just like it, and we would still end up with the same result,” Ms. Mosby said.“Without real substantive reforms to the current criminal justice system, we could try this case 100 times and cases just like it, and we would still end up with the same result,” Ms. Mosby said.
She said, “As a mother, the decision not to proceed in these trials, the remaining trials, is agonizing.” But as a prosecutor, she said, “I must consider the dismal likelihood of conviction at this point.” As Ms. Mosby defended herself and her prosecution team, a starkly differing version of events emerged from the president of the police union — who branded Ms. Mosby’s criticisms of police as “outrageous” — and a lawyer for one of the officers, four of whom are back on the job.
Mr. Gray’s stepfather appeared before the cameras briefly, saying, “We stand behind Marilyn and her prosecuting team.” “Baltimore, it’s time to heal,” the lawyer, Ivan J. Bates, who represented Sgt. Alicia D. White, told reporters, speaking on behalf of all the other lawyers and defendants. He extended condolences to the Gray family and said, “None of these officers woke up wanting to do anything negative to anyone.”
Mr. Bates said Judge Williams, who investigated police misconduct as a civil rights lawyer with the Justice Department, had followed the evidence — even if Ms. Mosby did not like where it led.
“You can get a conviction against the police, whether a bench trial or a jury trial, if you do an investigation,” the lawyer said. But, he said, if “you quickly want to automatically say that the officers are guilty because they’re the police, then you perpetrate that fear that’s already there and that’s dividing our country.”
Lt. Gene Ryan, president of the Fraternal Order of Police Baltimore City Lodge 3, said Ms. Mosby had refused to accept that an investigation by the Baltimore police found that no crime had been committed. “She had her own agenda,” he said.
All six officers now face administrative hearings led by the police in Montgomery and Howard Counties.
Mayor Stephanie Rawlings-Blake — who decided not to seek re-election in the aftermath of last spring’s unrest — asked residents to be patient as they absorbed the news. On Tuesday night, in Philadelphia, the mayor called the roll that resulted in the nomination of Hillary Clinton for president, part of her duties as secretary of the Democratic National Committee.Mayor Stephanie Rawlings-Blake — who decided not to seek re-election in the aftermath of last spring’s unrest — asked residents to be patient as they absorbed the news. On Tuesday night, in Philadelphia, the mayor called the roll that resulted in the nomination of Hillary Clinton for president, part of her duties as secretary of the Democratic National Committee.
“I recognize the emotional nature of this case,” she said in a statement from Philadelphia. “The eyes of the nation, indeed the world, have been on Baltimore for a very long time and I thank the citizens of our city for their patience during these trials.” “The eyes of the nation, indeed the world, have been on Baltimore for a very long time,” she said in a statement from Philadelphia, “and I thank the citizens of our city for their patience during these trials.”
“Now I ask the citizens to again join me in being patient as the administrative process moves forward,” she said.
To Black Lives Matter activists, the outcome was a clear disappointment — though perhaps not a surprise. DeRay Mckesson, a leader of the movement who later ran unsuccessfully for mayor of Baltimore, echoed Ms. Mosby’s call for criminal justice reform, saying “someone should be held responsible” for Mr. Gray’s death.To Black Lives Matter activists, the outcome was a clear disappointment — though perhaps not a surprise. DeRay Mckesson, a leader of the movement who later ran unsuccessfully for mayor of Baltimore, echoed Ms. Mosby’s call for criminal justice reform, saying “someone should be held responsible” for Mr. Gray’s death.
Before the first trial began, Mr. Mckesson said in an interview that the cases in Baltimore would be viewed as a “bellwether” that could answer a question: “Is it possible to convict the police?” “The dismissals are a reminder that the laws, practices and policies justify the actions of the police at all costs,” Mr. Mckesson said in a text message. “Freddie Gray should be alive today and someone should be held responsible for his death.”
After Wednesday’s decision, he said in a text message: “The dismissals are a reminder that the laws, practices and policies justify the actions of the police at all costs. Freddie Gray should be alive today and someone should be held responsible for his death.” The decision to drop the remaining charges was disclosed during a pretrial motion for Officer Garrett Miller, whose trial was scheduled to begin this week. Ms. Mosby appeared in court at the lawyers’ table — a first — along with a member of her team; they told Judge Williams, of Baltimore City Circuit Court, that the state would not prosecute that case or the two remaining ones — against Sergeant White and against Officer Porter, the first officer to be tried.
The decision to drop the remaining charges was disclosed during a pretrial motion for Officer Garrett Miller, whose trial was scheduled to begin this week. Ms. Mosby appeared in court at the lawyers’ table — a first — along with a member of her team; they told Judge Williams, of Baltimore City Circuit Court, that the state would not prosecute that case or the two remaining ones — against Sgt. Alicia D. White and against Officer Porter, the first officer to be tried. There had been little public hint of the decision; Judge Williams had imposed a strict gag order on all the lawyers, defendants and witnesses, seeking to tamp down publicity surrounding a death that had sparked violent protests and riots last spring.
There had been little public hint of the decision; Judge Williams had imposed a strict gag order on all the lawyers, defendants and witnesses, seeking to tamp down publicity surrounding a death that had sparked violent protests and riots last spring. A court spokeswoman said Wednesday that the gag order had now been lifted.
“I think this was bowing to the inevitable,” said David Jaros, a law professor at the University of Baltimore who was in the courtroom Wednesday. “Ultimately, a prosecutor under the rules of ethics has to believe that they have sufficient evidence to prove the case beyond a reasonable doubt. Given what they had, given what was insufficient in the prior cases, I think it became clear after the last verdict that there wasn’t an avenue forward that would result in a conviction.”“I think this was bowing to the inevitable,” said David Jaros, a law professor at the University of Baltimore who was in the courtroom Wednesday. “Ultimately, a prosecutor under the rules of ethics has to believe that they have sufficient evidence to prove the case beyond a reasonable doubt. Given what they had, given what was insufficient in the prior cases, I think it became clear after the last verdict that there wasn’t an avenue forward that would result in a conviction.”
When Ms. Mosby appeared in court Wednesday, it was the first indication that something unusual was about to happen, Mr. Jaros said. The table was cleared of papers and briefs. “They didn’t look like attorneys about to start a case,” he said.When Ms. Mosby appeared in court Wednesday, it was the first indication that something unusual was about to happen, Mr. Jaros said. The table was cleared of papers and briefs. “They didn’t look like attorneys about to start a case,” he said.
The officers were not in court, and the prosecutors left the courtroom quickly.The officers were not in court, and the prosecutors left the courtroom quickly.
Abandoning the charges was a clear blow for Ms. Mosby, who had pressed forward with the prosecutions even as doubts mounted about whether she could get convictions. After a jury deadlocked in the case of Officer Porter, her team pushed to force him to testify against other officers — even as his own retrial was pending.Abandoning the charges was a clear blow for Ms. Mosby, who had pressed forward with the prosecutions even as doubts mounted about whether she could get convictions. After a jury deadlocked in the case of Officer Porter, her team pushed to force him to testify against other officers — even as his own retrial was pending.
“At every turn this prosecution pursued the aggressive path toward trying to get a conviction,” Mr. Jaros said. The decision to drop the charges, he said, is “not to say that the state’s attorney doesn’t believe that a crime occurred — only that they concede at this point that they could not prove all the elements of the crime beyond a reasonable doubt.”“At every turn this prosecution pursued the aggressive path toward trying to get a conviction,” Mr. Jaros said. The decision to drop the charges, he said, is “not to say that the state’s attorney doesn’t believe that a crime occurred — only that they concede at this point that they could not prove all the elements of the crime beyond a reasonable doubt.”
The announcement came as a deep disappointment to those who believed the legal proceedings had highlighted important issues about the city’s police force, even as prosecutors lost case after case.The announcement came as a deep disappointment to those who believed the legal proceedings had highlighted important issues about the city’s police force, even as prosecutors lost case after case.
“I personally wanted them to go through with it, even if it was a no-win situation,” said Tessa Hill-Aston, the president of Baltimore’s NAACP chapter, in a phone interview conducted as she headed to the Sandtown neighborhood, where Mr. Gray was arrested, to talk with people. “I personally wanted them to go through with it, even if it was a no-win situation,” Tessa Hill-Aston, the president of Baltimore’s NAACP chapter, said as she headed to the Sandtown neighborhood, where Mr. Gray was arrested, to talk with people.
Ms. Hill-Aston said she did not think justice had been served “as far as people on the streets, and people seeing that the police officers got away with murder.”Ms. Hill-Aston said she did not think justice had been served “as far as people on the streets, and people seeing that the police officers got away with murder.”
“Because at the end of the day right now,” she said, “Freddie is dead and someone caused his death.”“Because at the end of the day right now,” she said, “Freddie is dead and someone caused his death.”
Ms. Mosby said she and her team stood by the medical examiner’s conclusion that Mr. Grays’s death was a homicide.Ms. Mosby said she and her team stood by the medical examiner’s conclusion that Mr. Grays’s death was a homicide.
“I need not remind you,” she said, “that the only loss — and the greatest loss — in all of this was that of Freddie Gray’s life.”“I need not remind you,” she said, “that the only loss — and the greatest loss — in all of this was that of Freddie Gray’s life.”