There are times when our conscious or moral beliefs may interfere with our jobs. When I prosecuted crimes in Baltimore as an Assistant State’s Attorney, I was opposed to the death penalty. I still oppose the death penalty. At that time, there was no moratorium on the death penalty in Maryland. And there were a few death penalty cases. Fortunately, I never had to make a decision over my conscious or my job. If it came down to me having to choose, I would have asked to be removed from the felony unit where death penalty trials occur to another unit within the office. However, I was not the State’s Attorney for Baltimore City---the chief prosecutor. If I had been my boss over the entire office, I would have no choice except to try a case that warranted under the law—the death penalty or step down from my elected position. Kim Davis, the Kentucky Rowan County court clerk who refuses to provide marriage certificates for same sex couples took an oath to do her job … [Read more...] about Kim Davis Needs to do Her Job or Resign
Archives for September 2015
Here’s Why the Freddie Gray Case will Stay in Baltimore
After reading hundreds of pages filed by both sides and hearing oral arguments by the attorneys on whether to remove the trial of the 6 officers charged in the death of Freddie Gray, Judge Barry Williams on September 10, 2015 declined to remove the trial to another location. The police officers argued that pretrial publicity made it virtually impossible for the officers to receive a fair trial in Baltimore. Most of the defense arguments by attorney Ivan Bates, who argued for all 6 officers, rested on speculation on what potential jurors feel about the case from media. Judge Williams addressed all of the issues involved including the comments made by the prosecutor in bringing charges, comments by the Mayor and former Police Commissioner Anthony Batts, the riots, curfew, settlement of the civil case and leaks in the media about the case. A fair trial is paramount to our criminal justice system. It is also important as Judge Williams referenced that these defendants … [Read more...] about Here’s Why the Freddie Gray Case will Stay in Baltimore
Freddie Gray Settlement Speaks Volumes about Baltimore
The $6.4 million settlement of the Freddie Gray civil case raises many eyebrows and questions for the City of Baltimore. Some question why the City settled the case, the amount of the settlement and the timing of the settlement—one month before the trial of six police officers accused in the death of Freddie Gray starts. Many question whether the City should have waited until the conclusion of all 6 trials of the officers before entertaining a settlement. William H. Murphy, Jr., the family’s attorney, had not filed a lawsuit. Those who argue the amount of the settlement question whether the value of Freddie Gray’s life and death warranted a high 7 figure settlement. Gray lived in the Sandtown area of West Baltimore—an area plighted with high poverty, high unemployment, high drug use and other socio-economic ailments. And some legal scholars wonder whether the timing of the settlement will affect Baltimore’s ability to keep the police officers’ trials in Baltimore. I question the … [Read more...] about Freddie Gray Settlement Speaks Volumes about Baltimore
Rating the Legal Players in the Freddie Gray Case
After watching the Freddie Gray case all day in court on September 2 as a legal eagle or legal geek, whichever you prefer, I came to my opinions about the main legal players involved. The presiding trial judge is Judge Barry Williams. A trial lawyer --defense or prosecution could not ask for a better and well qualified trial judge. All judges are not created equal. And Judge Williams ranks heads above most judges for his intelligence, judicial temperament, sometimes wit and all times no nonsense approach. And above all, Judge Williams is fair. He ruled against consolidation of the trial with all six police officers tried in one case with their different charges ranging from assault to murder. Judge Williams ruled it would not be in the best interest of justice. He ruled on two motions in favor of the prosecution and denied one State’s motion. And he did not mince words to the lawyers. He pointedly mentioned to the defense that some of their motions lacked a paucity of any … [Read more...] about Rating the Legal Players in the Freddie Gray Case
Baltimore Freddie Gray Case Needs Justice and Peace
On September 2, all eyes will once again be on my hometown of Baltimore as the case of six police officers charged with the death of Freddie Gray goes to court for pre-trial motions. The outcome of the hearings will likely determine the trial location, type of trial and whether a trial will even occur. As a former prosecutor from the same office trying the case against the officers, my heart is with the prosecutors. As a trial lawyer, my head tells me the prosecutors have a difficult case. Freddie Gray died from spinal injuries a week after being arrested and found lying unconscious in a police van on April 12. His death caused demonstrations in Baltimore and other cities to protest police violence against unarmed persons. During Baltimore’s protests, police arrested over 200 persons and the Mayor imposed a curfew following a state of emergency. Peace returned to Baltimore when State’s Attorney Marilyn Mosby announced charges against the six officers on May 1. Ironically, the … [Read more...] about Baltimore Freddie Gray Case Needs Justice and Peace