The city’s top prosecutor, Marilyn Mosby, said Friday in charging the officer and five others that the knife was legal under Maryland law, meaning they had arrested Gray illegally.
The motion was filed Monday by attorneys for Officer Edward Nero in Baltimore District Court.
Nero is charged with second-degree assault, misconduct in office and false imprisonment — all charges that can only be proven if Gray was wrongly arrested, said Andy Alperstein, a Baltimore attorney who has represented police officers but is not involved in the Gray case. If the knife was legal, “there is no case” against Nero and another officer because those charges all depend on the arrest being unlawful, he said.
“If the facts were that the knife was illegal than the Gray arrest would be justified. Even if it wasn’t illegal and the officers acted in good faith, it would be the same result. All charges fail,” Alperstein said.
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23 comments:
I suppose killing the suspect was legal as well.
11:41 i would say so if it will take another drug dealer off the street yes
Looks like Baltimore is going the same way as Detroit! Let the Mayor and the city administration be held accountable for the decisions they have made!
11:41, He killed himself. Swallowed enough heroin gel caps to kill even a hard core smackhead. You'll see. He subsequently had seizures which resulted in major convulsions and that's how he broke his neck.
You'll see and when you do, are you going to be calling for charges against the states attorney for false arrest and malicious prosecutor?
You seem to be avoiding the question.
I still don't understand how the mayor can give orders to the police.
"I suppose killing the suspect was legal as well.
May 6, 2015 at 11:41 AM"
LOL-You are burning up with anger right now. Deflection and attempting to change the subject because you hate what you are reading.
Case if falling apart piece by piece. Suck it up.
Everyone has to clink on the linked article if for nothing else but to read the comments.
Mosby came out last night against the "leaks" she said are continuing from the Baltimore City Police department. It's odd she didn't say rumors which leaves open the possibility that what is being said is untrue. Seems like she may be trying to soften the blow when it does turn out all these officers were wrongfully charged.
If you read through the comments on this story and other pertaining to the Gray case, it's obvious a lot are inside knowledge and you can put together what really happened. I don't think all are coming from the BPD but some from her own office.
12:12, governments are similar to businesses. Mayor would be like the CEO who picks and choose the different heads of the different departments.
The prosecutor charged an elementary school cafeteria worker rather than Officer White as well as incorrect information for Officer Rice. She also claims that the knife is illegal under Maryland law, while ignoring the Baltimore City code Gray was charged under. So far she is showing woeful incompetence.
Most cities are run by the most corrupt hoodlums in the nation and they make their friends department heads. Shame on us for allowing this to happen, again asleep at the wheel until something drastically happens to this nation, city or a personal crisis. Nothing but hoodlums and gangs control Baltimore. I left the city because of just that.
Bottom line that you don't hear is. Gray on probation the knife is a concealed weapon on his person. Any weapon in your possession while on probation violates your probation and you end up back in jail.
Why is no one stating if Gray was on probation and if he had drugs in his system per the toxicology report?
The once proud tradition of the city of Baltimore is no longer. It is too far gone to try and save it. Its totally infested with human rats.
1:48-pretty sure Freddie wasn't on probation, out on parole or wanted. He was though out on bail after being arrested on 3.20.15.
Urine tests positive for heroin and weed. Need blood toxicology for levels. Not back yet.
In the end, it is likely this is not going to work out well for Baltimore City State's Attorney Marilyn Mosby.
It is appearing more and more that it was she, who made illegal arrests and since she did the charging herself, she has forfeited her immunity from civil action.
who are you going to believe a lying cop or the HONORABLE DISTRICT ATTORNEY?
Guilty of running while black.
" Anonymous said...
who are you going to believe a lying cop or the HONORABLE DISTRICT ATTORNEY?
May 6, 2015 at 2:47 PM"
I'm going to belief all the law experts I've seen on TV and have read their opinions who 99.9% are saying she is not honorable and she is incompetent. Very few if any lawyers, judges and prosecutors interviewed think she knows what she is doing.
I know she is not honorable and is a liar FYI. When she was campaigning she lied about a murder on her campaign literature saying the victim was killed over his shoes. The family publcially called her out for not only lying but for daring to use the death of their loved one as a tool and they are african americans she lied about! She is not honorable and if you think so you either don't know the meaning of the word or are forgiving a liar and that make you worse in Gods eyes.
"Anonymous said...
Guilty of running while black.
May 6, 2015 at 3:07 PM"
If this is such a problem then why do blacks keep on running. They stupid or something. Makes no sense. If cops are killing blacks for running then they need to stop running. Anyway I could care less. Black people killing each other like I kill flies. They have so much hatred in their hearts even for their own people the way they kill them that they arent going to like anyone including cops.
"Anonymous Anonymous said...
Guilty of running while black.
May 6, 2015 at 3:07 PM"
Guilty of selling heroin to the neighborhood to on a couple of occasions too. Let's not forget that. He was no better than a terrorist. He was terrorizing the neighborhood by selling his poison to the residents. The several children who were shot in driveby's already this year and the many many others in previous years were shot because of the Freddie Grays-the drug dealers.
Maybe you will take up for his kind but decent will not ever.
It's a sad sad state of affairs whenever people take up for heroin dealers who are either directly or indirectly responsible for the deaths of so many people including innocent children caught in the crossfire of the drug dealers. It's disgusting and not how civilized people see it.
Your mindset speaks to why these black neighborhoods are such filth.
Little Detroit...AKA Baltimore...
Knife will be lost...
12:12 PM To answer your question unfortunately Mayors are the boss of their city Police Department.
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