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2nd Trial Over Freddie Gray Will Be Decided by Judge 2nd Trial Over Freddie Gray Will Be Decided by Judge
(about 1 hour later)
BALTIMORE — A police officer involved in the arrest of Freddie Gray, a 25-year-old black man who died of a spinal injury sustained while in police custody last year, will have his case decided by a judge, taking the emotionally charged trial out of jurors’ hands.BALTIMORE — A police officer involved in the arrest of Freddie Gray, a 25-year-old black man who died of a spinal injury sustained while in police custody last year, will have his case decided by a judge, taking the emotionally charged trial out of jurors’ hands.
During a pretrial hearing here on Tuesday, the judge, Barry G. Williams, agreed to Officer Edward M. Nero’s request, making it likely that the city will have its first verdict in a case related to Mr. Gray’s death. The trial last year of William G. Porter, another officer charged in the case, ended in a hung jury. During a pretrial hearing here on Tuesday, the judge, Barry G. Williams, agreed to Officer Edward M. Nero’s request, making it very likely that the city will have its first verdict in a case related to Mr. Gray’s death. The trial last year of William G. Porter, another officer charged in the case, ended in a hung jury.
“I’m certainly not going to be swayed by emotions,” Judge Williams said.“I’m certainly not going to be swayed by emotions,” Judge Williams said.
Officer Nero is one of six officers charged in connection with the arrest and death of Mr. Gray, whose spinal cord was functionally severed while he was in police custody a little more than a a year ago, which set off violent protests and became a central part of the national debate over the police’s use of force against minorities. The trial, which is set to begin Thursday, is expected to last about a week. Officer Nero is one of six officers charged in connection with the arrest and death of Mr. Gray, whose spinal cord was functionally severed while he was in police custody a little more than a year ago, which set off violent protests and became a central part of the national debate over the police’s use of force against minorities. The trial, which is set to begin Thursday, is expected to last about a week.
Last May, Marilyn J. Mosby, the state’s attorney for Baltimore, announced charges against the officers on the steps of Baltimore’s War Memorial, prompting cheers from demonstrators who wanted the police to be held accountable. But the prosecution of the officers has turned out to be deeply complex and has been stalled by delays arising from complications related to Officer Porter’s mistrial.Last May, Marilyn J. Mosby, the state’s attorney for Baltimore, announced charges against the officers on the steps of Baltimore’s War Memorial, prompting cheers from demonstrators who wanted the police to be held accountable. But the prosecution of the officers has turned out to be deeply complex and has been stalled by delays arising from complications related to Officer Porter’s mistrial.
Officer Nero, 30, was one of the police officers who initially detained and arrested Mr. Gray in Sandtown-Winchester in West Baltimore. Officer Nero faces one count of second-degree assault, two counts of misconduct while in office and one count of reckless endangerment; he is not charged with the death of Mr. Gray.Officer Nero, 30, was one of the police officers who initially detained and arrested Mr. Gray in Sandtown-Winchester in West Baltimore. Officer Nero faces one count of second-degree assault, two counts of misconduct while in office and one count of reckless endangerment; he is not charged with the death of Mr. Gray.
Prosecutors are expected to deploy an unusual legal theory: that the officers did not have probable cause to arrest Mr. Gray and that the physical contact they made while doing so amounted to an assault.Prosecutors are expected to deploy an unusual legal theory: that the officers did not have probable cause to arrest Mr. Gray and that the physical contact they made while doing so amounted to an assault.
“The defense to these charges will likely be based on the legality of Office Nero’s actions, specifically whether or not he violated Freddie Gray’s Fourth Amendment rights,” said Warren S. Alperstein, a Baltimore defense lawyer who has represented police officers. “A judge is more able to apply these very highly and technical and complex Fourth Amendment principals than a jury of lay people would be able to.” “The defense to these charges will likely be based on the legality of Office Nero’s actions, specifically whether or not he violated Freddie Gray’s Fourth Amendment rights,” said Warren S. Alperstein, a Baltimore defense lawyer who has represented police officers. “A judge is more able to apply these very highly and technical and complex Fourth Amendment principles than a jury of laypeople would be able to.”
But letting the judge decide the verdict could lead residents, who have been watching the sputtering legal proceedings against the officers with some cynicism, to think that their voice has been excluded.But letting the judge decide the verdict could lead residents, who have been watching the sputtering legal proceedings against the officers with some cynicism, to think that their voice has been excluded.
“All this is doing right now is to separate the community from this,” said the Rev. Westley West, 28, a frequent demonstrator after Mr. Gray’s death. “The reason why Freddie Gray is dead, again, is because there is no community involvement in any system that we have.”“All this is doing right now is to separate the community from this,” said the Rev. Westley West, 28, a frequent demonstrator after Mr. Gray’s death. “The reason why Freddie Gray is dead, again, is because there is no community involvement in any system that we have.”
David Jaros, a law professor at the University of Baltimore, said defendants in Maryland had the right to request that a judge, not a jury, decide their guilt or innocence, even in cases of “extraordinary public interest.”David Jaros, a law professor at the University of Baltimore, said defendants in Maryland had the right to request that a judge, not a jury, decide their guilt or innocence, even in cases of “extraordinary public interest.”
“That right trumps the public interest in being the fact finder,” Professor Jaros said.“That right trumps the public interest in being the fact finder,” Professor Jaros said.
Judge Williams also ruled Tuesday that lawyers will not be able to discuss whether a knife that officers found on Mr. Gray during his arrest was legal. While they will be able to refer to Mr. Gray’s general injuries, prosecutors will not be allowed to present them in extensive detail.Judge Williams also ruled Tuesday that lawyers will not be able to discuss whether a knife that officers found on Mr. Gray during his arrest was legal. While they will be able to refer to Mr. Gray’s general injuries, prosecutors will not be allowed to present them in extensive detail.
The judge also ruled that video footage showing Mr. Gray being dragged and screaming during his arrest can be admitted as evidence, but the audio, which includes Mr. Gray’s wails, will not.The judge also ruled that video footage showing Mr. Gray being dragged and screaming during his arrest can be admitted as evidence, but the audio, which includes Mr. Gray’s wails, will not.