Leroy N. Soetoro
2016-06-24 16:42:05 UTC
http://www.latimes.com/nation/bs-md-ci-goodson-verdict-20160623-story.html
A Baltimore judge acquitted the police officer facing the most serious
charges in the death of Freddie Gray on Thursday, delivering a broad
rebuke of a case that he said lacked evidence.
Officer Caesar Goodson Jr., 46, drove the transport van in which Gray
sustained fatal injuries. He is the second officer cleared in the high-
profile case. Four other officers could still face trial.
After an eight-day bench trial, Circuit Judge Barry Williams found Goodson
not guilty on charges that included second-degree depraved-heart murder
and three counts of manslaughter.
The acquittal cast doubt on the remaining criminal cases in which the
other officers face similar but lesser charges. Legal observers said
Baltimore State's Attorney Marilyn Mosby, who drew widespread praise and
also condemnation after charging the officers in May 2015, must now re-
evaluate the remaining cases.
Prosecutors alleged Goodson deliberately threw the shackled but
unrestrained Gray around the back of the van by giving him a "rough ride."
Williams said the state lacked evidence and was asking him to make
assumptions.
"As the trier of fact, the court can't simply let things speak for
themselves," Williams said.
After the verdict, Goodson's attorneys patted him on the back, and a group
of about 10 family members, including Goodson's father, hugged and wiped
away tears. One man grabbed and kissed the top of Goodson's head and then
raised his palms to the ceiling.
Goodson embraced supporters, including Officer Edward Nero, who was
acquitted last month, and Officer Garrett Miller, whose trial is pending.
Goodson's attorneys said a gag order prohibits him and his family from
talking publicly until all six cases have concluded. The gag order also
bars prosecutors from discussing the case.
Mayor Stephanie Rawlings-Blake said Goodson will remain suspended by the
Police Department and now faces an administrative review. In Maryland, the
results of such cases are not revealed to the public. With Goodson's
acquittal, however, his pay will immediately be restored, and he may apply
for more than a year of back pay. His annual salary in 2015 was $72,540.
The verdict drew mixed reaction. Outside the downtown courthouse, where
dozens of protesters had gathered, many expressed frustration. Meanwhile,
supporters of the officers called for the remaining charges in the case to
be dropped.
Tessa Hill-Aston, president of the Baltimore NAACP, said she was
disappointed in the verdict and that many thought the Goodson case
presented the best chance for prosecutors to secure a conviction against
one of the officers. She said the outcome exposed flaws in the justice
system.
"We have to go back to the drawing board here in Baltimore and Maryland
with rules and regulations and laws that affect the police behavior," she
said, "because it's clear that they can do action that we feel is not
correct, but in the courtroom is not a criminal act."
The city police union called on Mosby to "reconsider her malicious
prosecution" of the officers and said she was wasting taxpayer money.
"It is time to put this sad chapter behind us and move forward in a
positive manner," FOP President Gene Ryan said. "We must all come together
to make Baltimore a safe place to work and raise a family."
Gray's family was "enormously frustrated," attorney William "Billy" Murphy
said at an evening news conference with Gray's mother and stepfather. They
continue to support Mosby, he said, calling her "one of the most
courageous prosecutors" in the country who is "fighting for a just cause."
The family, which received a $6.4 million civil settlement from the city,
is "still waiting for justice, whatever that is," Murphy said.
Gray, 25, died on April 19, 2015, one week after his arrest. His death
touched off citywide protests against police brutality, and his funeral
was followed by rioting, looting and arson. The six officers involved in
Gray's arrest and transport were criminally charged within days.
During the trial, prosecutors alleged Goodson didn't secure Gray in a seat
belt and had five chances to render aid to Gray after his neck was broken
in the back of the van; they said his failure to give aid demonstrated a
"depraved heart."
They also said Goodson caused the injuries, driving the van in a reckless
manner that tossed Gray around the back of the van's steel cage. As a
certified field training officer, prosecutors said, Goodson knew Police
Department rules regarding transport safety better than most officers but
disregarded them.
The defense sought to raise questions about the timeline of Gray's
injuries, saying he was hurt late in the van's journey, minimizing the
opportunities Goodson had to intervene. Both sides called medical experts,
who presented conflicting testimony.
Williams, a former city prosecutor who investigated police misconduct for
the U.S. Justice Department, said there were five "equally plausible
scenarios" for when Gray was injured. He quoted the state medical examiner
who performed Gray's autopsy, who said, "We don't have any evidence one
way or the other."
Williams repeatedly cited the testimony of the prosecution's medical
witnesses who said that Gray's injuries would have been progressive, and
that he could have talked, moved his head and held himself up at various
points along his transport to suggest that it would have been difficult
for Goodson to tell if Gray was injured.
"This injury manifested itself internally," Williams said. "That is one of
the key issues here. If the doctors are not clear as to what would be
happening at this point in time, how would the average person or officer
without medical training know?"
Deputy State's Attorney Michael Schatzow laid out his "rough ride" theory
in his opening statement.
Prosecutors identified an unexplained stop of the van as a key moment.
Goodson pulled over but did not notify dispatchers, then asked for
assistance from another officer. Schatzow said it could be inferred that
Goodson had hurt Gray, perhaps worse than he intended, and sought help.
Williams called "rough ride" an "inflammatory term" that is "not to be
taken lightly," and said the state had failed to prove such a ride was
given to Gray.
"In order to show a rough ride, there must be evidence," Williams said.
Prosecutors said Goodson knew he should have put a seat belt on Gray,
while defense attorneys said Goodson deferred to other officers
including a supervisor who had taken more active roles in Gray's arrest.
Williams said the only time the prosecution proved that Goodson had
neglected his duty to secure Gray with a seat belt was at the van's fourth
stop.
"The failure to seat-belt may have been a mistake or it may have been bad
judgment, but without showing more than has been presented to the court
concerning the failure to seat-belt and the surrounding circumstances, the
state has failed to meet its burden to show that the actions of the
defendant rose above mere civil negligence," Williams said.
The judge repeatedly mentioned the higher burden to prove criminal
negligence, compared to civil negligence.
After three trials, prosecutors have been unable to secure a conviction on
any count. The first trial, of Officer William Porter, ended in a hung
jury and mistrial last December. The second, of Nero, ended last month
with the officer being acquitted of all charges by Williams in a bench
trial.
A juror in Porter's trial told The Baltimore Sun that the jury voted 11-
to-1 to acquit Porter of manslaughter but had been leaning toward
convicting him of lesser counts before deciding they were deadlocked.
In pursuing the charges against the officers, prosecutors won a victory in
the state's highest court earlier this year when the Court of Appeals
ruled that officers charged in the case can be called to testify under
immunity against their co-defendants. As a result, to guard against the
officers' testimony being used against them, two of the upcoming trials
of Porter and Miller must be handled by a new team of prosecutors.
The next trial, of Lt. Brian Rice, who is charged with manslaughter, is
scheduled to begin July 7. The other officers' trial dates are: Miller,
July 27; Porter, Sept. 6; and Sgt. Alicia White, Oct. 13.
All of the officers have pleaded not guilty.
***@baltsun.com
***@baltsun.com
Baltimore Sun reporters Jessica Anderson and Alison Knezevich contributed
to this article.
--
His Omnipotence Barack Hussein Obama, declared himself "Pooptator" of all
mentally ill homosexuals and crossdressers, while declaring where they
will defecate.
Obama increased total debt from $10 trillion to $19 trillion in the seven
years he has been in office, and sold out heterosexuals for Hollywood
queer liberal democrat donors.
Barack Obama, reelected by the dumbest voters in the history of the United
States of America. The only American president to deliberately import a
lethal infectious disease from Africa, Ebola.
Loretta Fuddy, killed after she "verified" Obama's phony birth
certificate.
Obama ignored the brutal killing of an American diplomat in Benghazi, then
relieved American military officers who attempted to prevent said murder
in order to cover up his own ineptitude.
Obama continues his muslim goal of disarming America while ObamaCare
increases insurance premiums 300% and leaves millions without health care.
--- news://freenews.netfront.net/ - complaints: ***@netfront.net ---
A Baltimore judge acquitted the police officer facing the most serious
charges in the death of Freddie Gray on Thursday, delivering a broad
rebuke of a case that he said lacked evidence.
Officer Caesar Goodson Jr., 46, drove the transport van in which Gray
sustained fatal injuries. He is the second officer cleared in the high-
profile case. Four other officers could still face trial.
After an eight-day bench trial, Circuit Judge Barry Williams found Goodson
not guilty on charges that included second-degree depraved-heart murder
and three counts of manslaughter.
The acquittal cast doubt on the remaining criminal cases in which the
other officers face similar but lesser charges. Legal observers said
Baltimore State's Attorney Marilyn Mosby, who drew widespread praise and
also condemnation after charging the officers in May 2015, must now re-
evaluate the remaining cases.
Prosecutors alleged Goodson deliberately threw the shackled but
unrestrained Gray around the back of the van by giving him a "rough ride."
Williams said the state lacked evidence and was asking him to make
assumptions.
"As the trier of fact, the court can't simply let things speak for
themselves," Williams said.
After the verdict, Goodson's attorneys patted him on the back, and a group
of about 10 family members, including Goodson's father, hugged and wiped
away tears. One man grabbed and kissed the top of Goodson's head and then
raised his palms to the ceiling.
Goodson embraced supporters, including Officer Edward Nero, who was
acquitted last month, and Officer Garrett Miller, whose trial is pending.
Goodson's attorneys said a gag order prohibits him and his family from
talking publicly until all six cases have concluded. The gag order also
bars prosecutors from discussing the case.
Mayor Stephanie Rawlings-Blake said Goodson will remain suspended by the
Police Department and now faces an administrative review. In Maryland, the
results of such cases are not revealed to the public. With Goodson's
acquittal, however, his pay will immediately be restored, and he may apply
for more than a year of back pay. His annual salary in 2015 was $72,540.
The verdict drew mixed reaction. Outside the downtown courthouse, where
dozens of protesters had gathered, many expressed frustration. Meanwhile,
supporters of the officers called for the remaining charges in the case to
be dropped.
Tessa Hill-Aston, president of the Baltimore NAACP, said she was
disappointed in the verdict and that many thought the Goodson case
presented the best chance for prosecutors to secure a conviction against
one of the officers. She said the outcome exposed flaws in the justice
system.
"We have to go back to the drawing board here in Baltimore and Maryland
with rules and regulations and laws that affect the police behavior," she
said, "because it's clear that they can do action that we feel is not
correct, but in the courtroom is not a criminal act."
The city police union called on Mosby to "reconsider her malicious
prosecution" of the officers and said she was wasting taxpayer money.
"It is time to put this sad chapter behind us and move forward in a
positive manner," FOP President Gene Ryan said. "We must all come together
to make Baltimore a safe place to work and raise a family."
Gray's family was "enormously frustrated," attorney William "Billy" Murphy
said at an evening news conference with Gray's mother and stepfather. They
continue to support Mosby, he said, calling her "one of the most
courageous prosecutors" in the country who is "fighting for a just cause."
The family, which received a $6.4 million civil settlement from the city,
is "still waiting for justice, whatever that is," Murphy said.
Gray, 25, died on April 19, 2015, one week after his arrest. His death
touched off citywide protests against police brutality, and his funeral
was followed by rioting, looting and arson. The six officers involved in
Gray's arrest and transport were criminally charged within days.
During the trial, prosecutors alleged Goodson didn't secure Gray in a seat
belt and had five chances to render aid to Gray after his neck was broken
in the back of the van; they said his failure to give aid demonstrated a
"depraved heart."
They also said Goodson caused the injuries, driving the van in a reckless
manner that tossed Gray around the back of the van's steel cage. As a
certified field training officer, prosecutors said, Goodson knew Police
Department rules regarding transport safety better than most officers but
disregarded them.
The defense sought to raise questions about the timeline of Gray's
injuries, saying he was hurt late in the van's journey, minimizing the
opportunities Goodson had to intervene. Both sides called medical experts,
who presented conflicting testimony.
Williams, a former city prosecutor who investigated police misconduct for
the U.S. Justice Department, said there were five "equally plausible
scenarios" for when Gray was injured. He quoted the state medical examiner
who performed Gray's autopsy, who said, "We don't have any evidence one
way or the other."
Williams repeatedly cited the testimony of the prosecution's medical
witnesses who said that Gray's injuries would have been progressive, and
that he could have talked, moved his head and held himself up at various
points along his transport to suggest that it would have been difficult
for Goodson to tell if Gray was injured.
"This injury manifested itself internally," Williams said. "That is one of
the key issues here. If the doctors are not clear as to what would be
happening at this point in time, how would the average person or officer
without medical training know?"
Deputy State's Attorney Michael Schatzow laid out his "rough ride" theory
in his opening statement.
Prosecutors identified an unexplained stop of the van as a key moment.
Goodson pulled over but did not notify dispatchers, then asked for
assistance from another officer. Schatzow said it could be inferred that
Goodson had hurt Gray, perhaps worse than he intended, and sought help.
Williams called "rough ride" an "inflammatory term" that is "not to be
taken lightly," and said the state had failed to prove such a ride was
given to Gray.
"In order to show a rough ride, there must be evidence," Williams said.
Prosecutors said Goodson knew he should have put a seat belt on Gray,
while defense attorneys said Goodson deferred to other officers
including a supervisor who had taken more active roles in Gray's arrest.
Williams said the only time the prosecution proved that Goodson had
neglected his duty to secure Gray with a seat belt was at the van's fourth
stop.
"The failure to seat-belt may have been a mistake or it may have been bad
judgment, but without showing more than has been presented to the court
concerning the failure to seat-belt and the surrounding circumstances, the
state has failed to meet its burden to show that the actions of the
defendant rose above mere civil negligence," Williams said.
The judge repeatedly mentioned the higher burden to prove criminal
negligence, compared to civil negligence.
After three trials, prosecutors have been unable to secure a conviction on
any count. The first trial, of Officer William Porter, ended in a hung
jury and mistrial last December. The second, of Nero, ended last month
with the officer being acquitted of all charges by Williams in a bench
trial.
A juror in Porter's trial told The Baltimore Sun that the jury voted 11-
to-1 to acquit Porter of manslaughter but had been leaning toward
convicting him of lesser counts before deciding they were deadlocked.
In pursuing the charges against the officers, prosecutors won a victory in
the state's highest court earlier this year when the Court of Appeals
ruled that officers charged in the case can be called to testify under
immunity against their co-defendants. As a result, to guard against the
officers' testimony being used against them, two of the upcoming trials
of Porter and Miller must be handled by a new team of prosecutors.
The next trial, of Lt. Brian Rice, who is charged with manslaughter, is
scheduled to begin July 7. The other officers' trial dates are: Miller,
July 27; Porter, Sept. 6; and Sgt. Alicia White, Oct. 13.
All of the officers have pleaded not guilty.
***@baltsun.com
***@baltsun.com
Baltimore Sun reporters Jessica Anderson and Alison Knezevich contributed
to this article.
--
His Omnipotence Barack Hussein Obama, declared himself "Pooptator" of all
mentally ill homosexuals and crossdressers, while declaring where they
will defecate.
Obama increased total debt from $10 trillion to $19 trillion in the seven
years he has been in office, and sold out heterosexuals for Hollywood
queer liberal democrat donors.
Barack Obama, reelected by the dumbest voters in the history of the United
States of America. The only American president to deliberately import a
lethal infectious disease from Africa, Ebola.
Loretta Fuddy, killed after she "verified" Obama's phony birth
certificate.
Obama ignored the brutal killing of an American diplomat in Benghazi, then
relieved American military officers who attempted to prevent said murder
in order to cover up his own ineptitude.
Obama continues his muslim goal of disarming America while ObamaCare
increases insurance premiums 300% and leaves millions without health care.
--- news://freenews.netfront.net/ - complaints: ***@netfront.net ---
