Several criminal defense lawyers and law professors with no connection to any of the cases have sat in the courtroom and watched the trial which began on Thursday.
Many of those attorneys are willing to offer opinions and analysis of the trial to the more than dozen or so reporters who are covering the trial.
Attorney Warren Alperstein notes to prove assault, the prosecution has to prove that there was an "offensive touching." Alperstein notes a 2000 U.S. Supreme Court decision upheld the constitutionality of a suspect chase, search and arrest similar to Gray's.
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5 comments:
I'm not sure about the bench trial strategy.
Judge Barry Williams:
"Special Litigation Counsel, Civil Rights Division, U.S. Department of Justice, 2002-05"
I think I'd have taken my chances with 12 people.
Only takes 1 Williams to convict. Only takes 1 out 12 to walk.
Williams won't want his decision to be overturned by either of the 2 higher courts 2:28.
"Brown is among those who think that if Nero is convicted of assault and misconduct related to Gray's arrest, it may have a chilling effect on officers, who may not chase suspects, for fear they may be charged."
If Nero is convicted officers won't chase suspects there's no if's and's or but's about that. Officers aren't about to give up their freedom for some worthless thug.
If this happens crime is going to spike in these neighborhoods like no one has ever seen. The residents are going to get exactly what they deserve. Black on black murders are going to be in the 10's of 1000's a year and they best not shed a tear. The grew it and they will have no other choice but to suck it up.
Bench trial was a smart move for Nero. He’s the first white officer to be on trial for Gray’s death. Any jury drawn from Baltimore city is sure to have at least one juror who would be scared to death to go back to the ghetto having voted for acquittal. The prospects of having at least one juror absolutely unwilling to vote for acquittal would merely mean he’d have a hung jury and face a re-trial, like Porter.
In this case, very few of the facts are in dispute. It’s the law that is in dispute. If Williams makes those calls and they go against Nero, that’s readily appealable to the appellate courts.
In contrast, if it appeared that a factual matter had gone against Nero, the appellate courts almost never touch that. That’s the jury’s province.
The inevitable blurring of law/fact you get with a bench trial makes it easier for Nero to argue that anything that went against him was on the law side of things, because the same person (Williams) is making both calls.
One thing for sure, Nero won’t face a hung jury. He’ll either be acquitted, or he’ll be convicted and appeal. No second trial for him.
I would have made the same call.
These charges against these officers should have been dismissed, but Williams has decided to entertain this “novel” (meaning not the law anywhere at any time in the US) legal theory of the prosecution.
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