Baltimore: Prosecutor desperately requests gag order on police defense lawyers who ask for evidence!

[bucs90]

Baltimore prosecutors in Freddie Gray case seek gag order

Wow. The affirmative action prosecutor is getting veeery worried. She has requested a gag order on all involved...including the defense and the cops. They have made a simple request: Show us the evidence.

She has to.show them. Discovery laws mandate it.

BUT...she knows the evidence...or lack of...WILL NOT support charges.

So....when she finally complies...she wants them to SHUT THA FUDGE UP about it!!! Why? Well....because she wants a pleas deal.

Yep. She wants them to all plea. No trial. And with a gag order...the public never finds out that she never had a case!!

But the police are going to fight. And this bitch is in a panic. She has no case. They all know it. They arent gonna plea. And she wants a gag order to shut everyone up so she can...well...not sure. Make resignation plans maybe.

 

[Moonglow]

She does not have to show evidence just like the dick in Ferguson,,,Chief of Police didn't..and when he had to, it was in bits and pieces....

 

[ScienceRocks]

Evidence don't matter...The narrative that whites are evil and we're somehow slaughtering all the blacks does. Even through blacks in reality murder twice as many whites every single year.

 

[Obiwan]

She does not have to show evidence just like the dick in Ferguson,,,Chief of Police didn't..and when he had to, it was in bits and pieces....

No evidence? Wouldn't that make it a little hard for her to win her case?

 

[Toddsterpatriot]

She does not have to show evidence just like the dick in Ferguson,,,Chief of Police didn't..and when he had to, it was in bits and pieces....

Modern Discovery Policy
Pretrial disclosure of information through discovery can foster settlement and enhance the fairness of trials.
Can prosecutors spring evidence on defendants like they do on TV?
No. In the past, prosecutors could guard evidence from defendants with the same fervor toddlers show in protecting toy trucks and dolls from their siblings. Defendants couldn’t force prosecutors to hand over witness statements or even reveal the names of their witnesses. Now the view that advance disclosure will promote fairer trials has taken hold—if defense attorneys know ahead of time what to expect, they can better defend their clients.
Surprise evidence may produce fine drama, but it leads to poor justice. Unlike prosecutors, defendants can’t call on police agencies to help them investigate and respond to evidence they find out about for the first time at trial. Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.

Discovery What and When the Prosecution Must Disclose Nolo.com

 

[Obiwan]

Apparently we can get ready for the nuts in Baltimore to burn their own city down when the cops are acquitted.

 

[whitehall]

Gag orders are usually requested by the defense to make sure the jury isn't tainted by publicity. It's rare for the prosecutor to request it. The dirty little secret is that she doesn't have a case and she is afraid that the truth might turn public opinion against her personal crusade.

 

[Moonglow]

Evidence don't matter...The narrative that whites are evil and we're somehow slaughtering all the blacks does. Even through blacks in reality murder twice as many whites every single year.

That is the narrative by the tiny minority and the fringe white victim element....

 

[bucs90]

She does not have to show evidence just like the dick in Ferguson,,,Chief of Police didn't..and when he had to, it was in bits and pieces....

Idiot. YES she does....once charges are made...she MUST disclose evidence to the defense attorneys. Not to the public. But to defense. Its called discovery.

Now...the defense can go on TV and talk about the evidence. And she wants that not to happen. 99% of the time...its the defense that wants the gag order because they dont want evidence to taint a jury.

Defense in Baltimore wants it public..because they know theres NO CASE.

She is gonna offer them an incredible plea deal to get a "conviction"....and pray they take it to save her ass.

Police lawyers are calling her bluff. Ruh roh!!!!

 

[Obiwan]

Gag orders are usually requested by the defense to make sure the jury isn't tainted by publicity. It's rare for the prosecutor to request it. The dirty little secret is that she doesn't have a case and she is afraid that the truth might turn public opinion against her personal crusade.

The jury pool is probably already tainted because of the prosecutor's statements. A change of venue is needed for a fair trial.

 

[bucs90]

Gag orders are usually requested by the defense to make sure the jury isn't tainted by publicity. It's rare for the prosecutor to request it. The dirty little secret is that she doesn't have a case and she is afraid that the truth might turn public opinion against her personal crusade.

EXACTLY right. Its unheard of in major cases for the DEFENSE to want all evidence out for all to see. Prosecutors would LOVE to put evidence out there to taint a jury pool...normally.

Not this one though. She knows she has no case...but was hoping the cops would take a plea deal.

They arent. They're fighting it....and shes fucked. Her career is over.

 

[bucs90]

Gag orders are usually requested by the defense to make sure the jury isn't tainted by publicity. It's rare for the prosecutor to request it. The dirty little secret is that she doesn't have a case and she is afraid that the truth might turn public opinion against her personal crusade.

The jury pool is probably already tainted because of the prosecutor's statements. A change of venue is needed for a fair trial.

Yup.

Defense wants evidence disclosed...because there isnt any. And then a new venue.

A fairly non biased jury...with no evidence...this case could be dismissed before trial even starts.

Get out of Baltimore folks. ASAP.

 

[Moonglow]

She does not have to show evidence just like the dick in Ferguson,,,Chief of Police didn't..and when he had to, it was in bits and pieces....

Idiot. YES she does....once charges are made...she MUST disclose evidence to the defense attorneys. Not to the public. But to defense. Its called discovery.

Now...the defense can go on TV and talk about the evidence. And she wants that not to happen. 99% of the time...its the defense that wants the gag order because they dont want evidence to taint a jury.

Defense in Baltimore wants it public..because they know theres NO CASE.

She is gonna offer them an incredible plea deal to get a "conviction"....and pray they take it to save her ass.

Police lawyers are calling her bluff. Ruh roh!!!!

Sure during the discovery phase.....

 

[bucs90]

Al Sharpton met with her the day before charges. In their racist minds...they JUST KNEW if they charged 6 cops...at least 2-3 would lie on the others to get out lf trouble.

I mean...cops lie right? Of course she and Sharpton assumed they'd lie to save their asses and lie to secure a murder charge on one other cop.

But...they didnt. And arent. They're not bowing down. She might have to go to trial...with nothing.

 

[Obiwan]

Al Sharpton met with her the day before charges. In their racist minds...they JUST KNEW if they charged 6 cops...at least 2-3 would lie on the others to get out lf trouble.

I mean...cops lie right? Of course she and Sharpton assumed they'd lie to save their asses and lie to secure a murder charge on one other cop.

But...they didnt. And arent. They're not bowing down. She might have to go to trial...with nothing.

Doesn't the gag order expire once the charges are dismissed?

 

[bucs90]

Al Sharpton met with her the day before charges. In their racist minds...they JUST KNEW if they charged 6 cops...at least 2-3 would lie on the others to get out lf trouble.

I mean...cops lie right? Of course she and Sharpton assumed they'd lie to save their asses and lie to secure a murder charge on one other cop.

But...they didnt. And arent. They're not bowing down. She might have to go to trial...with nothing.

Doesn't the gag order expire once the charges are dismissed?

Yes...if dismissed. But if they plea...which is what shes desperately hoping for...then the plea can include a judges order to not discuss it as conditions of the sentence.

If its dismissed...her career is over anyway so it wont matter.

 

[Missouri_Mike]

I wonder how the black cops feel about being grouped in with their obviously racist white counter parts in this?

 

[lake avenue]

This isn't a race issue, it never was a race issue. 3 of the 6 officers in the case are white; it's quite obviously not an issue of race. Police brutality is the issue here. The police chief even admitted in a statement that the officers neglected protocol when handling a suspect. It's pretty obvious that negligence happened here. I don't think they should be charged with murder, and they probably wont, but they definitely shouldn't go free.

 

[cnm]

I don't know, the evidence of a broken neck, an unsecured passenger and a false knife charge seems concrete to me. No doubt it will be revealed to the defence at the appropriate time, after the Grand Jury returns a true bill I guess.

 

[Obiwan]

Actually, the knife can play a part in the case too, since Mosby's claiming it was an illegal arrest. Hopefully for her sake she didn't "lose" it, or we may be looking at a misconduct charge on her, and the charges being dismissed on those grounds on at least some of the charges.
Where s the knife Baltimore police officer challenges arrest MLive.com
BALTIMORE — One of the Baltimore police officers who arrested Freddie Gray has challenged police and a top prosecutor to produce a knife that prompted the arrest, arguing in a court motion that it is an illegal weapon.

Attorneys filed the motion in Baltimore District Court for Officer Edward Nero, who is charged with second-degree assault, misconduct in office and false imprisonment. The motion appeared to challenge the basis for charges Nero faces after the arrest of Gray, a black man who died a week after suffering a severe spinal injury in police custody.

Last Friday, Baltimore City State's Attorney Marilyn Mosby charged Nero and the others just a day after receiving the investigative report from the police department. Mosby said the officers had unlawfully arrested Gray because the knife he had in his pocket is considered legal under Maryland state law.

Marc Zayon, Nero's attorney, argued in the motion filed Monday that the knife in Gray's pocket — described in charging documents as "a spring assisted, one hand operated knife" — is in fact illegal under state law. Maryland, he said, defines a knife as unlawful if it opens automatically by pushing a button, spring or other device in the handle.

The charges against the officers came near the close of a turbulent week in which violence, looting and fires erupted in the streets April 27 only hours after Gray's funeral that Monday.

But some lawyers, including Andy Alperstein, who has represented police officers but is not involved in the Gray case, said those charges can only be proven if Gray was wrongly arrested. If the knife was illegal, "there is no case" against Nero and another officer, he said.

"If the facts were that the knife was illegal then 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.

Some spring-assisted knives are opened by pushing a thumb stud attached to the blade.

Many knives have these spring-assisted opening mechanisms but are not the automatic knives prohibited under Maryland law, said Michael Faith, marketing director for Henderson's Sporting Goods in Hagerstown.

"An automatic knife means all you do is push a button and the blade pops out," Faith said. "A lot of knives will have a little spring assist so when you push it open with your thumb, the knife will open up pretty much by itself."

Police said officers chased Gray two blocks after making eye contact with him and subsequently found the knife in his pocket.

The Associated Press has made repeated requests to the police department for a physical description of the knife as well as photographs. Police later referred the request to the state's attorney's office.

Nero and Officer Garrett Miller are charged with misdemeanors. Four others — Sgt. Alicia White, Lt. Brian Rice and officers Caesar Goodson and William Porter — are charged with felonies ranging from manslaughter to second-degree "depraved-heart" murder.

Calls to attorneys representing Miller and Rice, who were involved in Gray's arrest, were not immediately returned.

Mosby's office declined to comment on a pending case, citing prosecutorial ethics.