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| Freddie Gray: trial of highest-ranking officer ends, verdict to come Monday | Freddie Gray: trial of highest-ranking officer ends, verdict to come Monday |
| (about 1 month later) | |
| Prosecutors concluded their case for convicting the highest-ranking officer charged in connection with the death of Freddie Gray with a passionate call to hold police responsible for their impact on communities. | Prosecutors concluded their case for convicting the highest-ranking officer charged in connection with the death of Freddie Gray with a passionate call to hold police responsible for their impact on communities. |
| “You are going to have to decide what … should the police do,” prosecutors told Judge Barry Williams on Thursday. | “You are going to have to decide what … should the police do,” prosecutors told Judge Barry Williams on Thursday. |
| Judge Williams will announce a verdict in the case of Lt Brian Rice on Monday morning. He faces three charges, including manslaughter. | Judge Williams will announce a verdict in the case of Lt Brian Rice on Monday morning. He faces three charges, including manslaughter. |
| Janice Bledsoe, arguing for the state, said that Rice made a series of decisions on the morning of 12 April 2015 that led to Gray’s death in the back of the police transport van and resulted in weeks of unrest in the city. | Janice Bledsoe, arguing for the state, said that Rice made a series of decisions on the morning of 12 April 2015 that led to Gray’s death in the back of the police transport van and resulted in weeks of unrest in the city. |
| “Lieutenant Rice chose to begin a foot chase with Freddie Gray, even though there was no eye contact,” Bledsoe said. “He chose to chase a man because he was running.” | “Lieutenant Rice chose to begin a foot chase with Freddie Gray, even though there was no eye contact,” Bledsoe said. “He chose to chase a man because he was running.” |
| Then, according to Bledsoe, Rice made the decision after Gray was arrested to shackle Gray’s feet, place him on the floor of the van and ordered the van to go to Central Booking, much farther than the Western District station, which was its original destination, placing Gray in danger that a reasonable officer would have been aware of. | Then, according to Bledsoe, Rice made the decision after Gray was arrested to shackle Gray’s feet, place him on the floor of the van and ordered the van to go to Central Booking, much farther than the Western District station, which was its original destination, placing Gray in danger that a reasonable officer would have been aware of. |
| The defense has argued that Rice was responding to a growing crowd which threatened the safety of the officers. | The defense has argued that Rice was responding to a growing crowd which threatened the safety of the officers. |
| “He made these choices not because of crowd control,” Bledsoe countered. “But because he had the power and control to punish and humiliate Freddie Gray.” | “He made these choices not because of crowd control,” Bledsoe countered. “But because he had the power and control to punish and humiliate Freddie Gray.” |
| At one point, Bledsoe pointed out that “what you hear in the Brandon Ross video is Lieutenant Rice and he is yelling ‘jail, jail, jail’. This is how he acts in the community.” | At one point, Bledsoe pointed out that “what you hear in the Brandon Ross video is Lieutenant Rice and he is yelling ‘jail, jail, jail’. This is how he acts in the community.” |
| But Judge Williams, who has already acquitted two officers charged in the case, would not allow this last quotation into the record, because there was no evidence proving it was Rice who was speaking. Though Bledsoe, quoting a witness, characterized Rice as a “jerk”, his violent history, which includes at least two occasions when his weapons were confiscated because of threatening conduct against the new partner of an ex-spouse, did not come into the case. | But Judge Williams, who has already acquitted two officers charged in the case, would not allow this last quotation into the record, because there was no evidence proving it was Rice who was speaking. Though Bledsoe, quoting a witness, characterized Rice as a “jerk”, his violent history, which includes at least two occasions when his weapons were confiscated because of threatening conduct against the new partner of an ex-spouse, did not come into the case. |
| The judge expressed skepticism at the appeal to emotion, which public defender Todd Oppenheim called “a good closing argument for a jury”. | The judge expressed skepticism at the appeal to emotion, which public defender Todd Oppenheim called “a good closing argument for a jury”. |
| The defense argued that Rice never had custody of Gray and was therefore not responsible for seatbelting him. Schatzow argued that as the ranking officer, Rice could and should have ordered the other officers who did have custody of Gray to follow departmental policy and seatbelt him. | The defense argued that Rice never had custody of Gray and was therefore not responsible for seatbelting him. Schatzow argued that as the ranking officer, Rice could and should have ordered the other officers who did have custody of Gray to follow departmental policy and seatbelt him. |
| “You’re saying that objectively failing to seatbelt is a crime?” Williams asked repeatedly. | “You’re saying that objectively failing to seatbelt is a crime?” Williams asked repeatedly. |
| “If you set it in motion, you’re guilty, and he set it in motion,” Schatzow responded on one occasion. | “If you set it in motion, you’re guilty, and he set it in motion,” Schatzow responded on one occasion. |
| Waren Brown, a lawyer who has been closely observing the case, said he views Williams’ questioning as reflecting “some unease with their proposition that by simply not belting him the officers have committed a crime and that the injuries were foreseeable”. | Waren Brown, a lawyer who has been closely observing the case, said he views Williams’ questioning as reflecting “some unease with their proposition that by simply not belting him the officers have committed a crime and that the injuries were foreseeable”. |
| Ultimately, the judge will have to decide not only whether a failure to fasten Gray in was a criminal act, but even if it could be construed as one whether or not Rice acted reasonably when he failed to do so. | Ultimately, the judge will have to decide not only whether a failure to fasten Gray in was a criminal act, but even if it could be construed as one whether or not Rice acted reasonably when he failed to do so. |
| “You want this court to find that the defendant’s actions were so unreasonable simply because of what happened?” Judge Williams asked. | “You want this court to find that the defendant’s actions were so unreasonable simply because of what happened?” Judge Williams asked. |
| “They happened because he was unreasonable,” Schatzow replied. “It was because he was unreasonable that the injuries occurred.” | “They happened because he was unreasonable,” Schatzow replied. “It was because he was unreasonable that the injuries occurred.” |
| Rice faces trial after several other failed attempts to gain a conviction. Already in Rice’s case, one charge was dropped by the prosecution and another dismissed by Williams at the beginning of the trial. | Rice faces trial after several other failed attempts to gain a conviction. Already in Rice’s case, one charge was dropped by the prosecution and another dismissed by Williams at the beginning of the trial. |
| After Officer Caesar Goodson was acquitted last month, there were calls for Marilyn Mosby, the young African American prosecutor who gained international recognition when she brought charges against the six officers last year, to drop the cases against the remaining officers. | After Officer Caesar Goodson was acquitted last month, there were calls for Marilyn Mosby, the young African American prosecutor who gained international recognition when she brought charges against the six officers last year, to drop the cases against the remaining officers. |
| But even if they fail to gain a conviction against Rice, some legal observers feel that it is not only important but necessary for Mosby to continue with the cases. | But even if they fail to gain a conviction against Rice, some legal observers feel that it is not only important but necessary for Mosby to continue with the cases. |
| “Seeing six officers one after another being tried in our city is historic, it’s precedent,” said University of Maryland law professor Douglas Colbert. “We’ve never seen a prosecutor before who wants to convince the judge that officers’ actions and failure to take action are worthy of a conviction.” | “Seeing six officers one after another being tried in our city is historic, it’s precedent,” said University of Maryland law professor Douglas Colbert. “We’ve never seen a prosecutor before who wants to convince the judge that officers’ actions and failure to take action are worthy of a conviction.” |
| Colbert says that as an elected official charged with protecting life, Mosby “has no choice but to continue prosecuting and hope, at some point there will be justice for the victim of this crime”. | Colbert says that as an elected official charged with protecting life, Mosby “has no choice but to continue prosecuting and hope, at some point there will be justice for the victim of this crime”. |