May 3, 2015
Yesterday, we reported on The Dersh’s statements that Marilyn Mosby’s decision to charge six officers with murder for driving a van was a travesty.
As it turns out, all other experts agree with him, and this whole thing is falling apart like the Space Shuttle Challenger.
Honestly, I am still personally shocked that she went for murder. It is just really unbelievable that she was capable of announcing it with a straight face.
Why exactly was a grand jury not convened, as happened with Michael Brown? How does American law allow this stupid Negress Mosby to just be like “dem muffugguhs dun did a mardar on hes blackass”?
Legal experts say the case is fraught with challenges. A widely shown video that captured the nation’s attention shows Gray, 25, being loaded into the van, but not what happened once he was inside. Other than the accused officers, the only known witness is a convicted criminal later placed in the van’s other holding cell, unable to see what was happening with Gray.
By bringing charges less than two weeks after Gray’s death, Mosby, 35, said her decision showed “no one is above the law.”
“To the people of Baltimore and the demonstrators across America: I heard your call for, ‘No justice, no peace,'” the prosecutor said. “Your peace is sincerely needed as I work to deliver justice on behalf of this young man.”
Within hours, the city’s police union questioned the prosecutor’s impartiality, accusing her of a rush to judgment and demanding she recuse herself from the case.
Even some of those who support Mosby’s stand worry further violence might erupt if she fails to win convictions.
To win a conviction, city prosecutors will have to convince a jury that van driver Caesar Goodson acted so recklessly that he knew his actions could take Gray’s life. The classic example often taught in law schools is that a person who drops a flower pot off the balcony of a skyscraper onto a busy sidewalk below, or someone who fires a gun into a crowded bus.
“That’s really the sort of shocking charge,” said Andrew Alperstein, a Baltimore defense attorney and former prosecutor.
Across the nation, it is very rare for law enforcement officers to be charged following fatal encounters with suspects, much less convicted by jurors often predisposed to give extra weight and credibility to the accounts provided by police.
In the Gray case, the video evidence is much murkier, with no visual evidence the officers purposely hurt him. Expert witnesses are likely to disagree on whether Gray was seriously injured when the officers pinned him to the sidewalk and cuffed his hands behind his back. Gray was recorded being hefted toward the waiting van, his feet dragging along the ground.
In her statement of facts, Mosby alleged the officers later also bound Gray’s feet together and placed him in the van face-down, rather than buckling him into a seat belt, as required by departmental procedures. That would have left Gray unable to brace himself as he slid around on the floor during the van’s travel through Baltimore. She also recounted the multiple stops made by the van, even after it likely became clear Gray was in distress. Nearly an hour passed before Gray received medical attention.
Glenn Ivey, a defense attorney and the former chief prosecutor in Prince George’s County, Maryland, said Mosby’s prosecution would likely be considered successful if she were to secure any felony conviction against the officers that results in lengthy terms in prison. Second-degree assault carries a maximum sentence of 10 years.
“Typically in police cases, if you get a conviction on almost any of the charges, it’s viewed as successful, because police cases are hard to win,” he said.
Even in Baltimore, where juries tend to be skeptical of police officers, they can still make compelling defendants and persuasive witnesses, said Ivey, who is currently a candidate for Congress in Maryland’s Washington suburbs.
Andrew Levy, a longtime Baltimore defense attorney and adjunct professor at the University of Maryland School of Law, said lawyers could argue that their individual clients cannot be held responsible for Gray’s death.
“If you dissect this from the initial pursuit to the initial detention to the arrest to the transfer to the vehicle, that’s a pretty complicated timeline, and I think we’re going to hear lots of defense from individuals basically that will distill down to, ‘It wasn’t my job. I was just following orders,'” Levy said. “Those are not frivolous defenses in a context like this. Not everybody is necessarily responsible for everything.”
Defense attorneys for the officers will likely use Mosby’s public statements about the case against her in requests that the venue for the trial be moved outside of Baltimore. Though such changes of venue are relatively rare, there have been several examples of such motions being granted in cases that have garnered intense media coverage or where local officials are deemed to have made public statements that could unfairly influence potential jurors.
Two things are for certain here: there is no way these cops are going to be convicted of anything, and when they are acquitted we are going to see the biggest chimpout thus far in all of history. Hopefully they’ll manage to hold off the acquittal until it gets cold (I am pretty certain they will), but this is going to be nationwide.
We’re talking Haiti-style.
The Negropocalypse cometh.
No bitch will remain unburned down.