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Officers Request Dismissal of Freddie Gray Charges After Goodson Acquittal

June 28, 2016  | 

Three of the four Baltimore Police officers still awaiting trial in the arrest and death of Freddie Gray have filed fresh motions asking that their cases be dismissed based on alleged "defects" in the prosecution, according to court records.

Those defects, the officers' attorneys have argued, relate to two recent disclosures — one by a Baltimore sheriff's major, who said he agreed with prosecutors to sign off on the officers' charges without personal knowledge of their foundation; and another by a police detective, who said prosecutors prompted her to provide misleading testimony to the grand jury that indicted the officers, the Baltimore Sun reports.

Attorneys for both Officer Garrett Miller and Sgt. Alicia White argued in nearly identical motions Monday that the disclosures show prosecutors violated the officers' constitutional right to due process, and that the charges against them should therefore be dismissed.

Attorneys for Lt. Brian Rice, the next officer scheduled to stand trial, starting with a motions hearing July 5, also filed a motion requesting dismissal based on prosecutorial defects, though that filing was not immediately available on Tuesday.

Comments (12)

Displaying 1 - 12 of 12

Steve L Butts, Chief @ 6/28/2016 3:14 PM

These officers never should have been charged in the first place. Senior Management played this like the circus it was trying to satisfy the Mayor and District Attorney. Would love to see them all acquitted and file a Federal Lawsuit against everyone up the chain including Jessi Jackson; Al Sharpten; and yes even Obama

Capt. crunch @ 6/28/2016 4:13 PM

I agree with Chief Butts, and the "Concerned Citizen" can take a long walk on a short pier.

westcoastleo @ 6/28/2016 6:37 PM

Mister Concerned Citizen,,,
Race had nothing to do with the arrest, the incident or the death of POS Gray. Gray was a dope peddeling bag of s*!t he just happened to be a black man who was selling the dope. The coppers were told to go out and enforce the laws. With a "Prior" back injury, Gray was the idiot who ran, resisted so, he got what he deserved. All he had to do was give up and comply. But, he didnt. Of the officers involved, at least 2 were black.
"You" mister conserned citizen, are the racist punk here. I'm sure you got on this site by accident and thought you would throw in your comments to try and give your one sided view. If you are a copper, you are an idiot who needs to quit the force.

Nightstalker @ 6/28/2016 6:38 PM

I agree with you Chief Butts, Thanks for your service sir And Concerned citizen, [i mean Percy] Are you still here?, I know you hate us Pigs but come on!!!!!!

bo2234 @ 6/28/2016 6:55 PM

@ Concerned Citizen,

No one should have been charged. Gray did it to himself. Admittedly the officers did not believe Gray when he realized he genuinely screwed himself up and REALLY needed to go to the hospital because he made the claim EVERY time he got arrested. It boils down to a case of the boy who cried wolf. When it really was happening, no one believed him.

I'm also still not convinced that Gray's medical problem wasn't at least partially due to an overdose on the heroin he may or may not have swallowed during the foot chase.

Nightstalker @ 6/28/2016 8:30 PM

Ya all of them and everything you said Concerned citizen, AND your hating cops, I agree with you on ONE thing that there are some bad cops out there that makes all cops out to be bad, But hey why waste my time with you anymore but dont call 911 if your getting your ass kicked but just take the beating.

steve rothstein @ 6/28/2016 8:31 PM

@concerned citizen,

I think the officers should be acquitted and reinstated. I also think no one should be charged with Gray's murder. The problem is not whether or not you or I think they are guilty, but that there is no evidence of the guilt. You even point out that you THINK they gave him a "rough ride" but you have no proof.

In the US, we have a standard that says people are innocent until proven guilty. I do not have to prove them innocent, and neither do they have to prove themselves innocent. It is up to the state to prove them guilty or they are innocent. If you have no proof, then you, and I, are obligated to give them the benefit of the doubt and believe them to be innocent.

I do not know if Gray did anything to himself or not. I do not know if the officers did anything to him or not. I do know that the state prosecutor rushed the case and announced that she was filing charges before the investigation was complete. To me, that is proof of incompetence in that position. And, unfortunately, that is all the proof we have of what happened in this case.

I hope you would also recognize the incompetence and support the removal of the prosecutor from office for it.

Sgt Hartman @ 6/29/2016 6:55 AM

Holy heck CC. A you seem tense & frankly bitter. I've been in LE for more than 20 years & I've known literally hundreds of cops from my two agencies either personally or at least casually. In that time, I know of 5 who turned out to be bad. One roughed up a suspect who spit on him through the screen that separates the back seat of the cruiser from the front. Another had sex with an under aged girl & 3 got into off duty fights while drinking. All 5 were fired & 4 of them did jail time for their bad acts. All 5 got plenty of publicity in the media for their behavior & when you are going through that as an agency, it's embarrassing. Most of them were completely adandoned by their friends & former coworkers because of this dishonor they brought to the departments. But 5 people out of hundreds I would argue is a minuscule fraction of the the percentage of bad apples in ANY other profession in America, including the clergy. So do I & most of my coworkers know there are some bad people who manage to become LE officers? Of course. But to imply that somehow there are vast numbers of bad cops out there is simply not true.

DD16 @ 6/29/2016 7:01 AM

Percy / Concerned Citizen; How about people do several things, stop committing crime and stop resisting. These dirt bags who commit crime and suck up toms of resources like this guy are simply drains on society. You on the other hand do not have to always bring up your sexual orientation, it has nothing to do with this conversation and we do not care.

Dep112 @ 6/29/2016 8:01 AM

Concerned Citizen, since you apparently don't live here your ignorant opinion really isn't worth a pint of cold p!ss, but I'll respond anyway. Should he have been seat belted? According to policy, yes. However, arrestees are transported in wagons all over the country every day who aren't, and they arrive at jail uninjured. Had Mr. Gray remained in the position he was placed in, he would have too. Unfortunately, he decided to yell, scream, and bang around so wildly that the wagon was rocking side to side, as has been attested to by Officers as well as other arrestees present that day. The fact is, Mr. Gray's mortal injury was caused by his failure to remain calm and remain in the position he was placed in. These Officers were maliciously and falsely charged in attempt to appease the citizens in an overwhelmingly black city. They will all be rightfully acquitted, and the unwashed masses will light the city on fire again. It's inevitable.

terry @ 6/29/2016 11:34 AM

CC you stated that citizens have a right not to get killed by police. Well we have a right not to be killed by career criminals who have no respect for human life of the law of the land. I realize you have your own personal agenda (whatever it may be) however the majority of people on this site don't care about you or your agenda. True there are bad cops throughout this country (one is to many) but it is not the systemic problem you or the other people like you make it out to be. No matter how loud you shout it or how often you repeat the narrative!

Tetro80 @ 6/29/2016 11:41 AM

Please block Concerned Citizen from this blog. His comments are offensive racist comments (racist pig) are insulting to every LEO out there.

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