Officer Caesar Goodson’s trial transcends beyond Baltimore in exposing difficulties in proving police brutality cases when relying on police to investigate other officers. Closing arguments begin on Monday, June 20, in the trial of Caesar Goodson, the van driver and third Baltimore officer, to go to trial for the death of Freddie Gray. Goodson’s trial exposed the heart of the problems with proving these officers guilty of the various crimes for which they are charged in Gray’s death. And Goodson’s trial transcends beyond Baltimore in exposing difficulties in proving police brutality cases when relying on police to investigate other officers. Gray died on April 19, 2015 after being placed in police custody in a police van without a seat belt on April 12, 2015. The state alleges he was given a “rough ride” by van driver officer Goodson, which ultimately resulted in his spinal injuries and death, along with a failure to seat belt Gray, to avoid injury. Goodson faces the most serious … [Read more...] about Baltimore Police Officer Goodson Trial Recap before Verdict
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High Stakes for Third Baltimore Police Officer Trial
The stakes are high for Baltimore City prosecutors as the third of six high profile police officer trials in the death of Freddie Gray starts on Monday, June 6 with Officer Caesar Goodson, the van driver. Prosecutors were unable to obtain a conviction in the first two trials of Officers Porter and Edward Nero. Porter’s case ended in a mistrial and Nero’s trial ended in an acquittal of all charges. Goodson is considered to be the most culpable of the six as he is the only officer charged with the highest charge of second degree “depraved heart” murder. And Goodson was driving the van in which the prosecutors allege the injuries occurred. Whether prosecutors will be able to convict Goodson of any charges remains to be seen. There is no doubt that high pressure is on the prosecutors in this case. There are several key things to watch for in Goodson’s case. First, Goodson did not give a statement to any investigators. And he has an absolute right to remain silent at his trial. The state … [Read more...] about High Stakes for Third Baltimore Police Officer Trial
Implications of Baltimore Police Officer’s Acquittal
On Monday, May 23, Baltimore police officer Edward Nero was found not guilty of all charges by Judge Barry Williams in the case involving the death of Freddie Gray. Before a packed court room, Judge Williams methodically read his opinion lasting almost 25 minutes detailing how he came to his conclusions. I was present in the court room as he read his reasoning for the decision. Williams, himself, a former Baltimore City prosecutor and litigator in the Department of Justice on police misconduct cases was well versed on the law--vis a vis the involvement of Edward Nero. The entire opinion is linked here. Many question whether the acquittal of Nero will have an effect on the remaining five officers whose trials are set between June and September. Some question if any of the other officers are likely to take a bench trial, now that they see how it turned out for Nero. On Monday, I appeared on PBS News Hour to discuss the implications of Nero's case as it pertains to the remaining … [Read more...] about Implications of Baltimore Police Officer’s Acquittal
Former Prosecutor’s Recap of Baltimore Officer Nero’s Trial
My former office, the Baltimore City State’s Attorney Office, concluded the prosecution side of the case against Edward Nero, one of the six police officers charged in the case of Freddie Gray. At this point, the state’s case has some holes that weren’t plugged. Although the defense began its case, the burden of proof beyond a reasonable doubt remains with the prosecution. It’s a high burden and appears like an uphill Mt. Everest climb in Nero’s case. Judge Williams will decide if an “unfortunate accident” occurred as the defense alleges or whether a crime was committed. Officer Nero was one of the three police officers on bicycle patrol who allegedly arrested Freddie Gray on April 12, 2015. Nero is charged with committing three crimes: assault on Freddie Gray due to a lack of probable cause to arrest Gray, reckless endangerment due to lack of a seat belt to restrain Gray and misconduct in office allegedly for violating police protocol. At the center of … [Read more...] about Former Prosecutor’s Recap of Baltimore Officer Nero’s Trial
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
Why the Boston Bomber May Avoid the Death Penalty
The jury started deliberations on the death penalty phase on Wednesday in the case of Dzhokhar Tsarnaev, the now infamous Boston Bomber who was convicted of all 30 counts involved in the 2013 Boston Marathon bombing, including 17 eligible for the death penalty. His actions took the lives of three persons, including seven year old Martin Richard and severely injured 264 others. Some victims have undergone at least 60 surgeries due to their injuries. It’s difficult to imagine a more heinous crime deserving of the death penalty, Yet despite the heinous acts, Tsarnaev may receive life in prison without the possibility of parole. The prosecutor must convince all twelve jurors to sentence Dzhokhar Tsarnaevto death on a single count. If twelve agree to death on a single count, he will receive the death penalty. And that may be more of an uphill climb than most would imagine. The defense on the other hand has only to convince one person on each of the eligible counts that he … [Read more...] about Why the Boston Bomber May Avoid the Death Penalty