• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Debbie Hines, Trial Attorney, Former Prosecutor, Speaker and Legal Analyst

  • Home
  • Attorney Profile
  • Practice Areas
  • Media
  • Blog
  • Contact

Judge to Deliver Verdict in Baltimore Police Officer Trial

By debbie on May 17, 2016

Credit: Murphy, Falcon and Murphy
Credit: Murphy, Falcon and Murphy

The first verdict of the 6 Baltimore police officers cases involving the death of Freddie Gray will come on Monday, May 23.  And despite the concerns of some in the police community that Judge Williams might be swayed by emotions, that is a non-issue. Officer Edward Nero chose a bench trial before Judge Barry Williams instead of a jury trial. And his fate will be sealed by Judge Williams’ decision based on sound legal principle and judgment.  And the verdict may surprise many who have followed the trial.

All judges are not created equal. And Judge Williams ranks heads above most judges for his intelligence, judicial temperament, sometimes wit and at all times no nonsense approach. And above all, Judge Williams is fair to wall sides as his previous rulings in the cases of William Porter and Edward Nero will support. That may be the real reason, the defense chose a bench trial—for his fairness and legal intellect.

I suspect as a former Baltimore prosecutor that Judge Williams will aptly apply the law to the facts or evidence presented in a well -reasoned and well researched lengthy legal opinion which he will read from the bench on Monday. Above all, he will hold the state to their high burden of proof beyond a reasonable doubt- one that they may have failed to meet in some of these charges.

As a legal observer, the Nero trial has some nuances that are rare in a criminal case and particularly in a police officer case charged with assault. And the state is pushing the legal limit on the assault charge, like driving slightly above 60 miles per hour in a 60 mile per hour zone. If successful with a guilty verdict, new legal ground may be advanced by their theory. The assault theory is based on the fact that Freddie Gray’s arrest lacked probable cause—an argument normally reserved for the defense charged with a crime. But in the Nero case, everything is flipped on its head. The verdict will have an impact on the other two bicycle police officers Miller and Rice whose cases and state’s legal theory are similar to Nero.

And on the charge of reckless endangerment, the state argues use of seat belt police protocol is for the safety of the arrestees. And yet the defense argues the use of the seat belt was unsafe for police officers. The main issue is whether Nero had sufficient contact with Freddie Gray to support a reckless endangerment conviction. Nero’s contact with Gray was minimized by the defense. And although the defense placed blame on the van driver, Caesar Goodson, there may be more than one officer found guilty for the same charge.

 

I suspect the misconduct in office charge is where the state might be close to getting a guilty verdict. The assault and reckless endangerment charges are a long shot–at the very least.  On the misconduct in office charge, if Nero had the opportunity to restrain Gray, should have known about the recent police order requiring it, but did not follow basic police protocols, including use of a seat belt on Gray, he could be found guilty for misconduct in office. Whether he will be convicted depends on the legal sufficiency of the state’s evidence. The facts must always line up with the law.  And that’s the problem with the state’s case and the charges in Nero’s case. If the facts don’t fit the law, the judge must acquit Edward Nero.

 

Judge Williams’ verdict in the Nero case will likely set the tone for the next 5 police officers’ trials. Above all else, Judge Barry Williams’ verdict will be fair, well researched  and based on sound legal principle.

 

UPDATE:  The article was revised to include Monday, May 23  as the day for the verdict.  There was a joint stipulation entered after the original posting of the article. The stipulation entered into by both sides states that the area was a high crime area may cause an even more uphill climb for any guilty verdict on the assault charge.  Closing arguments are on Thursday, May 19.  A follow up article  after attending the closing arguments will be posted.

 

gamma_2

Washington, DC based Debbie Hines is a trial lawyer, legal analyst and former Baltimore City prosecutor. She frequently appears on Al Jazeera, BET, CBS, CCTV, Fox 5 DC, MSNBC, PBS, Sky News, among others. Her Op Ed articles on criminal justice appear in the Washington Post, Baltimore Sun and Huffington Post.

Share this:

  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
  • Click to share on Tumblr (Opens in new window)
  • Click to share on Reddit (Opens in new window)
  • Click to share on Pinterest (Opens in new window)

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Subscribe to Blog

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Recent Posts

  • Rodney Reed and Why We Must End the Death Penalty
  • Lori Loughlin Didn’t Get the Memo
  • Why Amber Guyger’s Appeal Success is Unlikely
  • Florida Judge Temporarily Halts Voter Disenfranchisement Law
  • Mitch McConnell’s Chickens may be Soon Coming Home to Roost

Debbie Hines, Former Prosecutor and Trial Attorney

Practice Areas:
➾ Criminal and Civil Litigation
➾ Criminal
➾ Personal Injury
➾ Family Law
➾ Administrative Law

Follow us on Social Media
iamdebbiehines iamdebbiehines iamdebbiehines iamdebbiehines

Practice Locations:
We service clients in primary locations including the District of Columbia and most counties in Maryland including Prince George’s, Montgomery, Anne Arundel, Baltimore City, Baltimore County, Howard, Dorchester, Somerset, Talbot and Wicomico.

Disclaimer: Any information on this site does not constitute legal advice. No attorney-client relationship is established with the use of this site.

2019 © Law Offices of Deborah Hines (“Debbie Hines”) | 2101 L Street, N.W. Suite 800, Washington, D.C. 20037

LegalSpeaks™ | Privacy Policy | Sitemap

Website Design by: VanStudios