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Freddie Gray's Death Ruled a Homicide; 6 Officers Charged!

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posted on May, 5 2015 @ 03:17 PM
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originally posted by: tigertatzen
a reply to: jaffo




For the record, "Special Prosecutor" is nothing more than a legal term designating a position which ALWAYS exists and was certainly not created just for these cops. Knowledge is power.


Did someone say anything was created "just for these cops"? I must have missed that part.

For the record, a "special prosecutor" is an independent counsel specifically appointed by the Attorney General or Congress to try criminal cases involving federal officials. They can also be appointed to prosecute law enforcement officials by the state Governor in cases just like this. Their presence acts as insurance against biased counsel and eliminates the conflict of interest often presented in cases just like this. It is not a position that "always exists". Counsel is appointed on an "as needed" basis. The rest of the time, counsel is just a regular prosecutor, going about their normal business.

This was exactly what they were trying to do in the Eric Garner case, to ensure that justice would be done without bias or conflict. Right now, Att. Mosley is running the risk of justice not being done due to her relationship with the Grays' attorney causing a clear conflict of interest. It would be a shame to see that happen.

A recent example:


In his letter to the Governor, Attorney General Schneiderman wrote, "This crisis of confidence is long in the making and has deep roots. But it is not a problem without a solution. A common thread in many of these cases is the belief of the victim’s family and others that the investigation of the death, and the decision whether to prosecute, have been improperly and unfairly influenced by the close working relationship between the county District Attorney and the police officers he or she works with and depends on every day. It is understandable that many New Yorkers feel that it is unfair to charge a local District Attorney with the task of investigating and prosecuting those officers when they are accused of a serious crime committed in the course of their duties."

Attorney General Schneiderman's letter continued, "The question in these difficult cases is not whether a local prosecutor, including one with understandably close ties to his or her fellow local law enforcement officers, is capable of setting aside any personal biases in deciding whether, or how vigorously, to pursue the case. As the State’s chief law enforcement officer, I know that I and the overwhelming majority of my fellow prosecutors are not only capable of doing so, but are conscientious about our ethical duty to see that justice is done in every case. Rather, the question is whether there is public confidence that justice has been served, especially in cases where homicide or other serious charges against the accused officer are not pursued or are dismissed prior to a trial by jury."

The Attorney General wrote, “Subdivision two of Executive Law section 63 currently authorizes you to supersede any local District Attorney on any criminal matter as you deem appropriate by appointing the Attorney General to investigate and prosecute the case.”


Special Counsel NY


(c) Qualifications of the SC

Section 600.3 of the CFR provides that an SC shall be a lawyer from outside the US government "with a reputation for integrity and impartial decision making, and with appropriate experience to ensure that both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and DOJ policies."


US Special Prosecutor




Knowledge is power.


Might want to arm yourself with some, then. Seems like you could use it.









Yeah, I'm an attorney so I think I am doing just fine. The position was not created specifically for this situation. I stand by that remark.




posted on May, 5 2015 @ 03:18 PM
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a reply to: Sremmos80

Ahhh, thank you so much for clarifying! That would explain why I can't find a source and neither can my boss, who is a criminal prosecutor and has far better resources than myself. That is something of a relief...hopefully it's just a bunch of nonsense and not actual fuel for the defense.



posted on May, 5 2015 @ 03:23 PM
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And I will further add that while it may seem nefarious that this position exists, it actually serves the purpose of ideally making sure that local ties and connections do not impede the path of justice. It's not perfect, but the only other alternative is generally to move the entirety of the affair to another geographic location entirely, which is also less than ideal for a lot of reasons, some more obvious than others.



posted on May, 5 2015 @ 09:44 PM
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Officer requests to see knife as part of defense in Freddie Gray case


defense attorney for one of the six police officers charged in the death of Freddie Gray is challenging prosecutors' claim that Gray was falsely arrested, and filed a motion Tuesday demanding to inspect the knife Gray carried..

The motion was the first legal move in defense of an officer involved in the April 12 arrest of Gray, who died a week later from spinal injuries suffered while in police custody.

As potential legal arguments for the six began to emerge, legal analysts debated the merit of the specific charges, as well as the strategies defense attorneys might pursue.

Marc L. Zayon, the attorney for Baltimore officer Edward Nero, asked a judge to make the Baltimore state's attorney's office and Baltimore police turn over the blue pocket knife Gray carried to determine whether it's legal in the city of Baltimore. The knife was found clipped to the inside of Gray's pants pockets after officers took him down.

Police say the officers chased and arrested Gray because he ran from them without being spoken to or provoked. A police task force continues to investigate whether any other reasons could have contributed to their decision to stop him.

Gray was charged with carrying an illegal knife, but Baltimore State's Attorney Marilyn J. Mosby said Friday in announcing the charges that the knife Gray carried was not an illegal switchblade under Maryland law. Baltimore police have said the knife violates city code.


click link for remainder of article..


I think this is going to go the way we think in terms of the prosecutor rushing to judgment in order to charge these individuals.

just like in my state, the state law on knives does not preclude individual municipalities from enacting their own ordinances so long as it does not conflict with state law. Secondly, at least in my state, the PA of each county can issue their own opinions on state law and how to interpret it in some areas for prosecution. Since the AG does not enforce municipal law, and most likely is not familiar with them in their entirety, its possible her conclusion on the knife is based solely on the state statute and not city ordinance.

Secondly they discuss in the article where one officer refused to give a statement, which is his constitutional right. They also point out about any information obtained from the officers by investigators could be inadmissible. They are referring to the Officer's Garrity rights.
edit on 5-5-2015 by Xcathdra because: (no reason given)



posted on May, 5 2015 @ 09:51 PM
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originally posted by: tigertatzen
a reply to: Sremmos80

Ahhh, thank you so much for clarifying! That would explain why I can't find a source and neither can my boss, who is a criminal prosecutor and has far better resources than myself. That is something of a relief...hopefully it's just a bunch of nonsense and not actual fuel for the defense.



Even if he tested positive, it doesn't proved "when" he took the drug. It could be have been hours or days. Depending on the drug.



posted on May, 5 2015 @ 09:58 PM
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a reply to: NightSkyeB4Dawn

True but it can be used when talking about whether or not grey could have inflicted the injuries to himself. If he had drugs in his system that affects pain receptors then one could argue Gray was able to do the damage to himself and it not fully register the damage being done.

Secondly I find it weird that a person can be charged with possession of narcotics but cant be charged with taking them (unless its for dwi/owi) while at the same time a minor can be charged with possession of alcohol by consumption.

Not really relevant.. I digress.



posted on May, 5 2015 @ 10:41 PM
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a reply to: Xcathdra




True but it can be used when talking about whether or not grey could have inflicted the injuries to himself. If he had drugs in his system that affects pain receptors then one could argue Gray was able to do the damage to himself and it not fully register the damage being done.


Nonsense. He was showing signs of being pain when they first dragged him to the paddy wagon. There's no way that Freddie Gray could have caused his own injuries.


edit on 5-5-2015 by windword because: (no reason given)



posted on May, 5 2015 @ 10:52 PM
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a reply to: windword

You have a lot to learn.



posted on May, 5 2015 @ 11:06 PM
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a reply to: Xcathdra

So do the medical specialists, then, I guess.



posted on May, 5 2015 @ 11:32 PM
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Here is an example of how stupid the people out there are, and how ignorant of the danger that the brain dead media stooges are until they are attacked themselves.

First take note of the clueless thug who is in the # the police t-shirt. Then notice the stupid white female liberal who is blabbering some nonsense just like a typical white guilt consumed, and mentally deranged idiot always does.

After that, notice the ignoramus reporter turn on the police when she is minutes away from being assaulted by these mindless thugs. Stuck on the stupid wagon as usual.

Yes my friends it is really true, you can't fix stupid. Well...........at least not until the white retards who support these people become victims themselves. Even then though, unless they are raped, murdered and killed, they will still not get it because they are mentally ill enablers.

Somehow they miss the point that it's the people who are control of those communities that have failed those who they represent. They pocketed all the funds that Obama gave them for themselves instead of helping the community. Same old song and dance. ~$heopleNation


edit on 5-5-2015 by SheopleNation because: TypO



posted on May, 6 2015 @ 12:11 AM
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a reply to: SheopleNation

I read your post and the total disgust for people in it.

But still, I couldn't imagine the video would be as bad as you made it sound. Well I'll tell you right now I stand corrected.


I think the white liberal chick carrying the killer sign and screaming "it's a revolution" . Either read one too many Che Guevara books or was a crisis actor hired by Al and Jessie to stir up trouble.

On second thought maybe she was just suffering from an episode due to protein deficiencies. Cause I'll bet my ass she was a vegetarian. Lol



posted on May, 6 2015 @ 02:27 AM
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originally posted by: windword
a reply to: Xcathdra

So do the medical specialists, then, I guess.



The medical specialists don't look at the situation in a criminal law aspect. The standard applied is reasonableness which means given the circumstances how would a reasonable person act in that situation. A reasonable person would not slam their head into the wall. A person under the influence cant be expected to act reasonable.



posted on May, 6 2015 @ 07:25 AM
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a reply to: Xcathdra




The standard applied is reasonableness which means given the circumstances how would a reasonable person act in that situation.


You're wrong. The medical professional are looking at Xrays, bone density reports, et al... and estimating the kind of force required to cause 3 broken vertebrae, a crushed larynx and an 80% severed spinal cord in such a small space.



posted on May, 6 2015 @ 01:48 PM
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I've been looking under Maryland criminal code. There is not a specific statue for false imprisonment. It falls under common law and charged and ruled under caselaw. One thing I did notice is that on serious charges it can be included as a polluted lesser offense and tacked on to the serious violation.

You can be found guilty of it if you are found guilty of the serious charge because for an all intensive purposes the mere fact that he was in custody while a more serious offense occurred could be termed false imprisonment.


I only brought this up because of all the talk about the knife in connection to the false imprisonment charge. The false imprisonment charge may not even be over the knife it might be a lesser included offense under Maryland law.

This issue will be resolved when someone actually sees the charging document.



posted on May, 6 2015 @ 03:39 PM
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originally posted by: Greathouse

I read your post and the total disgust for people in it.

But still, I couldn't imagine the video would be as bad as you made it sound. Well I'll tell you right now I stand corrected.


LMAO! I know, I was a bit harsh in my description, but right on the money. I frequently rant off about things like that.


I think the white liberal chick carrying the killer sign and screaming "it's a revolution" . Either read one too many Che Guevara books or was a crisis actor hired by Al and Jessie to stir up trouble.

On second thought maybe she was just suffering from an episode due to protein deficiencies. Cause I'll bet my ass she was a vegetarian. Lol


I am sure she had some granola stuffed inside her pockets for lunch, with a side of tofu. ~$heopleNation



posted on May, 6 2015 @ 03:56 PM
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a reply to: Greathouse

Actually the false arrest charge stems directly from the knife. If it turns out the knife in fact violated city ordinance then the false arrest charge and possibly a few others will be dismissed.

a person cannot be charged, generally speaking, of a crime and its lesser included offense. The court can allow jurors to consider a lesser charge.

If a person breaks into someone's house its considered a burglary. The lesser included offense in that would be trespassing. If you charge burglary you can't charge burglary.

In general.



posted on May, 6 2015 @ 04:00 PM
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a reply to: Xcathdra

I have not been posting but I am following the case everyday, this is going to get very interesting, most of the charges were nothing but to keep peace with the people and what the people want it to hear.

No all of them will stick.



posted on May, 6 2015 @ 04:24 PM
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a reply to: Xcathdra

The two separate terms I read were lesser offense which someone can be found guilty of in lieu a more serious charge) and lesser included offense "when the more serious charge is validated."

Be honest at this point without seeing the charging document. The news is speculating on what the false imprisonment charge entails.

Remember this is under common law in the state of Maryland here's a pretty good explanation of it.


lesser crime whose elements are encompassed by a greater crime. A lesser included offense shares some, but not all, of the elements of a greater criminal offense. Therefore, the greater offense cannot be committed without also committing the lesser offense. For example, Manslaughter is a lesser included offense of murder, assault is a lesser included offense of rape, and unlawful entry is a lesser included offense of Burglary. The rules of Criminal Procedure permit two or more offenses to be charged together, regardless of whether they are misdemeanors or felonies, provided that the crimes are of a similar character and based on the same act or common plan. This permits prosecutors to charge the greater offense and the lesser included offense together. Although the offenses can be charged together, the accused cannot be found guilty of both offenses because they are both parts of the same crime (the lesser offense is part of the greater offense).


They cannot be found guilty of both, but prosecutors are allowed to charge them of both at the same time.



posted on May, 6 2015 @ 07:28 PM
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a reply to: Greathouse

How can a prosecutor charge both crimes if one is a lesser included offense?

Also if you don't mind me asking whats your background?

edit on 6-5-2015 by Xcathdra because: (no reason given)



posted on May, 6 2015 @ 07:39 PM
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a reply to: Xcathdra

Paralegal a long time and a lifetime ago. But I still to this day file motions in my own behalf.

It can be included for the penalty phase for liability. Anyway after a little more research I'm changing my mind a tad, The false imprisonment charge is only against three of the six officers, that makes me feel that the false imprisonment charge may come down to the knife concerning those three officers.

But like I've repeated every time. Nobody will know until the charging document is viewed. I've been looking I can't find anything under common law about neglect or lack of treatment in a police officers care that could result in a charge of false imprisonment.

But then I'm not a Maryland district Attorney. And if I remember the numbers right Marylin Mosby was a assistant district attorney in the city of Baltimore for six years. ( I repeatedly seen her called a neophyte by the MSM)

So at this point all I'm doing is trying to layout "options" as opposed to the one sided "speculation" in the media that this will all revolve only over the knife.
edit on 6-5-2015 by Greathouse because: (no reason given)



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