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
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How Police Get Away with Killing Unarmed Blacks
I was sad to hear a mistrial declared in the case of Jonathan Ferrell whom Charlotte-Mecklenburg officer Randall Kerrick shot 10 times as Ferrell sought help following a car accident in 2013. The deadlocked jury after 4 days of deliberations sadly came as no surprise to me. And as a former prosecutor, I felt anger at the jury and a criminal justice system that often vindicates police killings of unarmed black men and boys. A grand jury indicted Kerrick on voluntary manslaughter for which he stood trial. A civil suit resulted in a $2.25 million settlement. No dispute existed by prosecutors or the defense that Kerrick intended to shoot Ferrell and that Ferrell died as a result of the shooting. The issue remained whether Kerrick shot in self- defense or used excessive force as the prosecution argued. The jury of eight men and four women consisted of 3 African Americans, 2 Latinos and 7 whites. The initial jury vote was 7-5 and the final vote was 8-4 for acquittal. … [Read more...] about How Police Get Away with Killing Unarmed Blacks
5 Police Officer Trials to Watch in 2015
From Freddie Gray in Baltimore who ran away from police officers to Jonathan Ferrell who ran towards Charlotte police officers for help, five trials of on duty police officers for killing unarmed victims will likely take place in 2015. On Wednesday, August 19, a Fairfax, Virginia judge set December 14, 2015 as the trial date for former officer Adam Torres accused of shooting and killing John Geer in August, 2013 at his home for a domestic dispute call. In an unusual legal move for police officers, a Fairfax County judge denied bail for Torres—a move that caused the defendant to faint in the court room. Prosecutors refused to offer a plea bargain to Torres—a move that signifies the case will likely head to trial. Although the killing occurred two years ago, the county police initially refused to turn over necessary information on Torres to prosecutors--causing a delay in bringing charges. The case of the six Baltimore police officers charged on May 1, 2015 with assault and … [Read more...] about 5 Police Officer Trials to Watch in 2015
What to Watch for in the Jonathan Ferrell Case
The trial of Randall Kerrick, the Charlotte police officer who shot and killed Jonathan Ferrell, in September, 2013, starts today beginning with jury selections. Randall Kerrick’s arrest and charges marks the first time in thirty years that a Charlotte police officer is charged for an on duty shooting. Jonathan Ferrell age 24, an African American former college football player, knocked on the door of a woman at 2:30 am following a car accident. Suspecting a burglary, she called the police. Three police officers arrived—two black and Kerrick, a white officer. As Ferrell approached the officers, Kerrick fatally shot him 10 times. In what the Charlotte police chief cited as excessive force, a grand jury indicted Kerrick with the intentional killing of Ferrell. The two black officers never fired. Kerrick alleges he feared for his life when Ferrell allegedly didn’t stop approaching him when told to do so. The case garnered little national … [Read more...] about What to Watch for in the Jonathan Ferrell Case
Money is not Justice for Eric Garner
A New York City grand jury declined to indict officers on criminal charges for the chokehold death of Eric Garner while the city settled the case for millions before the family ever filed a lawsuit. Garner’s case settled for $5.9 million on Monday. Wrongful death cases take into consideration money to award a family for their loss and criminal cases seek justice and fairness. Some argue that the amount of Garner’s monetary settlement was too high while others say it was not enough money. Wrongful death settlements consider the economic loss to family heirs and the pain and suffering to the deceased before death. The family demanded $75 million in their statutory letter to New York of their intent to file a lawsuit before the 1 year statute of limitations—on Friday. The family may still seek damages against the first responders for allegedly inept first responder assistance. No amount of money equates justice for Eric Garner and his family. Garner died in Staten … [Read more...] about Money is not Justice for Eric Garner
Why was Baltimore’s Police Chief Really Fired?
Baltimore Mayor Stephanie Rawlings-Blake fired police chief Anthony Batts this week. His firing comes on the heels of the unrest in Baltimore following the death of 25 year old Freddie Gray allegedly caused by 6 police officers who were charged. While Batts was originally the darling of those elite group of officers who bring a different perspective to the force, he was hardly liked and respected by his officers and their police union. Batts spoke out in April during a press conference and stated that his officers did not follow police protocol in failing to seat belt Freddie Gray. Gray was found 44 minutes after his arrest in an unconscious state. He died days later of spinal injuries. Batts' comments about the Baltimore police didn’t stop there. He said the officers should have sought medical attention for Gray. After that, whatever he said caused the ire of the men and women he commanded and the Baltimore Police Union. And what transpired was a spike in crime and … [Read more...] about Why was Baltimore’s Police Chief Really Fired?