This week was very important on the societal stage of Baltimore. Rather than think we are returning to the 1960s----we can reverse all of this easy peasy and very quickly with just a few election cycles if people would become engaged and educate about public policy. It is simply a matter of getting rid of Clinton neo-liberals and in Baltimore's case Bush neo-cons working for Johns Hopkins. More important----as Clinton neo-liberals start pretending they are getting serious about all of this injustice-----Clinton and Obama are pushing as hard as they can to Fast Track what seeks to kill any ability to turn all this around. So, when Hillary campaigns on public justice issues surrounding black injustices and poverty---people should be insulted by her attempt to this kind of progressive posing.
I liked what I heard from Black Lawyer Shabazz at City Hall. I don't know him personally---he may be a lawyer getting rich suing the cities for abuse settlements---but he has been the only black leader to shout just what Trans Pacific Trade Pact TPP is all about----sweat shop slavery. Media in Baltimore had a fit over open-mic to a national and international press coverage---that never happens and they threatened to censure him in the future for using terms like Uncle Tom and slavery. I get censured by local media for just saying the same more diplomatically----captured and sweat shops. Shabazz showed the awareness of TPP bringing back slavery and the use of black leaders to do it.
The Battle Over the Trans-Pacific Partnership and ‘Fast Track’ Gets Hot
April 28, 2015by Dean Baker
President Obama must be having trouble getting the votes for fast-track authority since the administration is now pulling out all the stops to push the deal. This has included a press call where he apparently got testy over the charge by critics that the Trans-Pacific Partnership (TPP) is a secret trade deal.
Black Lawyers for Justice
Today at 2:45 pm on the steps of Baltimore City Hall, Attorney #MalikShabazz will be speaking to the press and answering questions about last weeks March and Demonstration, the violence in Baltimore and what we have coming up in Baltimore.
WJZ TV showed a video clip interview of the man who video-taped the Freddie Grey killing and it is interesting for two things. He was arrested himself right after the incident and was released with no charge a few days later----after the prosecutor's charges were filed. He makes clear from eye witness testimony that the police officers at the scene had a knee in Freddie's upper back/neck while Freddie screamed. We all know this is when the injury occurred and as many commentators across America state----these officers knew this man was seriously injured at the scene. Jailing people and releasing them with no charge is so common in Baltimore---the civil rights violations clear---that one can also say that this was part of the cover-up that started at the scene of the crime. Simply saying these police failed to follow procedure when they lifted this man they knew was seriously injured rather than saying this was aggravated murder===== The homicide occurred in the course of or as a result of intentional maiming or torture of the victim=====is the start of the coverup. Placing the injury inside the van, which no one believes was an attempt to downplay these charges. All police officers know they are not to move an injured citizen. This man had a severely severed spine and crushed larynx from the officer's knee. The video captured Freddie screaming in pain and national news showed the video clip of Freddie's face wracked in pain with his legs hanging clearing looking like paralysis. We cannot say these officers planned to kill Freddie----but the movement to the van was planned to create a case of doubt as to time of injury. This makes the case premeditated murder. Placing a person in a van head knowing there is high likelihood of existing injury makes all of the actions by police officers one long attempt to coverup a crime. One of the first things any defense lawyer for these van drivers will ask-----did they know the extent of injuries from this police encounter? Negligence will come from this. Freddie Gray would not have survived the initial injuries most likely, but the conditions of transport made this certain. When people interviewed stated rough rides were standard----these police officers knew what would happen.
Man Who Took Freddie Gray Video Arrested By Baltimore
Police [VIDEO] :May 1, 2015
By Angela Bronner Helm News One for Black AmericaO] May 1, 2015 By Angela Bronner Helm
Source: Andrew Burton / Getty
The Baltimore man who filmed the arrest of Freddie Gray, and who said police tried to intimidate him after he came forward, was himself arrested by police on Thursday, according to a report from Heavy.com.
Kevin Moore, 30, who was arrested with two others, was later released without charges. The two others, identified as “Cop Watch” members Chad Jackson and Tony White, remained in custody as of press time on Friday.
SEE ALSO: UPDATE: Murder Charges Filed Against Cops In Freddie Gray’s Death
Like Ramsey Orta, the man who filmed the Eric Garner encounter with police and was later arrested on unrelated charges, Moore said he was afraid of police retaliation after he filmed the video, and said that police released his photo over the internet to intimidate him.
Moore spoke out after police released a surveillance photo of him and asked for the public’s help identifying him, saying he they wanted to question him about what he saw when Gray died. Moore told the [Baltimore] Sun he had already talked to police before the release of the photo, and that they knew who he was and only released the photo to intimidate him.
“What is so important that you have to plaster my picture over the Internet? I’ve already spoken,” Moore told the Sun. “How do you not know that picture is me?”
“That’s me — I know that’s all 6-5 and 260 pounds of me. For the police to post that picture and say you don’t know who I am, that’s B.S. You know who I am.”
Moore has said that he and Gray were friends and they both lived in the Gilmor Homes. He has gone on record saying that police had Gray “folded up like a piece of origami” after his arrest on April 12. Gray later died in police custody from vicious injuries, including a nearly severed spine and crushed voice box.
Earlier today, six officers were indicted in Gray’s death.
Watch this video of Moore, in which he gives an almost 20-minute perspective on Gray’s murder at the hands of police, the state of policing and criminalization of Black men in Baltimore, and how police reacted after he came forward with the video.
The man at the scene who videotaped this event was arrested and not released until after Mosby filed these charges. He immediately verified what national commentators had been saying all week----the injury happened in the sidewalk at the initial contact with police. The fact that Mosby placed the injury inside the van-----which everyone knows could not have created the kinds of injuries Freddie sustained----shows Mosby's intent was only to use the filing to stop the protesting and to file in a way that will lead to the least, if any conviction. Vehicular manslaughter often gets suspended sentence-----the officers at the scene knew when they moved this injured person they were adding to the damage. Mosby is not being tough---she set the stage to little if no conviction. Did the van drivers know the extent of injury at the scene---no. Of course it is negligence in not securing Freddie---no one will convict murder in the van with injuries that severe.
So, the excuse they give is ----what can the prosecutor prove? Well, a medical examiner can say these injuries occurred before the move to the van and that they could not have occurred in the van.
'Family lawyer William Murphy said Gray fell into a coma after his spine was “80 percent severed at his neck” while he was in custody. An observer captured video of a clearly injured Gray being dragged into a police van'.
Freddie Gray case: Actions that led to charges against six
By Ray Sanchez, CNN
Updated 4:14 PM ET, Sat May 2, 2015
- Freddie Gray suffered fatal spinal injury while being transported in police van, prosecutor says
- Six police officers are charged in Gray's death
(CNN)In publicly outlining her case against six police officers in the death of Freddie Gray, Baltimore's chief prosecutor faulted what they did -- and did not do.
Among the allegations: Failure to find probable cause, illegal arrest, failure to seek or render medical aid, gross negligence and misconduct.
"The findings of our comprehensive, thorough and independent investigation coupled with the medical examiner's determination that Mr. Gray's death was a homicide ... has led us to believe that we have probable cause to file criminal charges," State's Attorney Marilyn Mosby told reporters Friday from the broad steps of the downtown War Memorial.
Gray suffered a fatal spinal injury on April 12 while being transported in a police van, which made several stops.
"Mr. Gray suffered a severe and critical neck injury as a result of being handcuffed, shackled by his feet, and unrestrained inside of the BPD wagon," Mosby said.
Michael Davey, an attorney for the Baltimore Fraternal Order of Police who spoke on behalf of the six officers and their attorneys, told reporters that none of the officers injured or harmed Gray. "They are truly saddened by his death," Davey said. "These officers did nothing wrong."
These are the actions that Mosby said resulted in the charges against the six, based on the statement of probable cause:
Officer Garrett E. MillerMiller, 26, who joined the force in 2012, was one of three officers on bike patrol on the morning of April 12 in Baltimore. One of the other officers made eye contact with Gray, who began running.
Gray eventually surrendered and was handcuffed. He was "placed in a prone position with his arms handcuffed behind his back. It was at this time that Mr. Gray indicated that he could not breathe and requested an inhaler to no avail," Mosby said.
Officer Garrett E. MillerMiller and another officer placed Gray in a seated position. They found a knife in his pants pocket. The blade of the knife was folded into the handle. It was not a switchblade, and legal to carry under Maryland law.
"Mr. Gray was placed back down on his stomach at which time Mr. Gray began to flail his legs and scream as Officer Miller placed Mr. Gray in a restraining technique known as a leg lace," the prosecutor said.
The three officers failed to establish probable cause for Gray's arrest. No crime had been committed. The arrest was illegal, Mosby said.
When the police van arrived, Miller and the two other officers loaded Gray into the wagon. At no point was Gray secured by a seat belt as is required. A while later, at Baker Street, Miller and the officers removed Gray from the wagon, placed handcuffs on his wrists and leg shackles on his ankles. They completed paperwork before loading Gray back into the wagon. He was placed on his stomach headfirst on the floor.
Miller is charged with two counts of second-degree assault, two counts of misconduct in office and one count of false imprisonment.
Lt. Brian W. Rice Rice, 41, an officer since 1997, was one of the officers on bike patrol during the initial encounter with Gray. He made eye contact with Gray, who then ran. Rice and others failed to establish probable cause for Gray's illegal arrest. Later, Rice and two other officers handcuffed Gray and put shackles on his ankles. The officers placed Gray back on the floor of the wagon, face down.
Lt. Brian W. RiceRice is charged with one count of involuntary manslaughter, two counts of second-degree assault, two counts of misconduct in office and one count of false imprisonment.
Separately, records from the Carroll County, Maryland, Sheriff's Department show that Rice was taken to a hospital in 2012 because of concerns about his mental health.
The concerns were raised by another officer who is also the mother of Rice's child, according to the records. At the time, deputies confiscated Rice's guns and alerted his superiors in Baltimore.
The records show that Rice said he "could not continue to go on like this" and threatened to do something in his laundry room if the mother of his child "did not come over to his residence." His specific threat was redacted from the documents. It's unclear how long Rice was at the hospital.
Rice could not be reached for comment.
Officer Edward M. NeroOfficer Edward M. NeroNero, 29, on the job since 2012, was the third officer on bike patrol when Gray was arrested. Mosby said Nero held Gray down until the wagon arrived. Along with Rice and Miller, Nero failed to establish probable cause for what Mosby called an illegal arrest. Nero also assisted Rice and Miller later in cuffing and shackling Gray.
He is charged with two counts of second-degree assault, two counts of misconduct in office and one count of false imprisonment.
Officer Caesar R. Goodson Jr.Goodson, 45, who joined the police department in 1999, drove the transport wagon. He had been directed to deliver Gray to the central booking facility.
At one point, Goodson parked the van to check on his prisoner.
Officer Caesar R. Goodson Jr."Despite stopping for the purpose of checking on Mr. Gray's condition, at no point did he seek nor did he render any medical assistance for Mr. Gray," Mosby said.
Goodson returned to the driver's seat and headed toward central booking with Gray still unsecured. After several blocks, the officer called dispatch to say he needed to check on his prisoner. He requested additional units.
Another officer arrived and, with Goodson, went to the back of the wagon. Gray requested help and said he could not breathe. One officer asked Gray if he needed a medic. Twice, Gray said he needed medical assistance. The officer helped lift Gray from the floor to a bench in the van.
Again, the officers failed to restrain Gray or request medical assistance. Goodson then responded to a separate call for assistance in an arrest.
"Despite Mr. Gray's obvious and recognized need for medical assistance, Officer Goodson in a grossly negligent manner chose to respond ... with Gray still unsecured by a seat belt in the wagon, without rendering or summoning medical assistance," Mosby said.
At the next stop, Goodson was met by Miller and three other officers. He walked to the back of the wagon to check on Gray. Goodson and the other officers saw that Gray was unresponsive.
Still, Goodson picked up a new prisoner and drove to a police station to drop him off. He failed to restrain Gray for at least the fifth time, Mosby said. Gray was no longer breathing.
Goodson is charged with one count of second-degree depraved-heart murder, involuntary manslaughter, second-degree assault, manslaughter by vehicle (gross negligence), manslaughter by vehicle (criminal negligence) and misconduct in office.
CNN legal analyst Sonny Hostin said the depraved-heart murder charge appeared to indicate the prosecutor believes Goodson was "one of the worst actors" in Gray's death.
"Depraved heart means he intentionally, willfully and deliberately acted with depraved indifference to human life," she said.
Sgt. Alicia D. White White, 30, an officer since 2010, was present during one of the stops to check on Gray's condition. White and two other officers saw that Gray was unresponsive on the floor of the wagon.
White, who was responsible for investigating two citizen complaints related to Gray's arrest, spoke to the back of the prisoner's head.
Sgt. Alicia D. WhiteWhen Gray did not respond, White allegedly did nothing. She had been advised that Gray needed a medic but made no effort to assess his condition.
"Despite Mr. Gray's seriously deteriorating medical condition, no medical assistance was rendered or summoned for Mr. Gray at that time by any officer," Mosby said.
Later, White and two other officers attempted to remove Gray from the wagon. He was no longer breathing. A medic later determined Gray was in "cardiac arrest and ... critically and severely injured."
Gray was rushed to the University of Maryland's Shock Trauma Center, where he underwent surgery. On April 19, he was pronounced dead from his injuries.
"The manner of death, deemed a homicide by the Maryland State Medical Examiner, is believed to be the result of a fatal injury that occurred while Mr. Gray was unrestrained by a seat belt in the custody of the Baltimore Police Department wagon," Mosby said.
White is charged with one count of involuntary manslaughter, second-degree assault and misconduct in office.
Officer William G. Porter Officer William G. PorterPorter, 25, who joined the force in 2012, responded when Goodson asked for additional units to check on Gray. The prisoner told Porter he could not breathe. Porter asked Gray if he needed a medic. Gray said "yes" twice. The officer helped lift Gray to a bench but did not assess his condition or call for medical assistance. Porter also was present later when Goodson picked up another prisoner, and White and others discovered that Gray was unresponsive.
Porter is charged with one count of involuntary manslaughter, second-degree assault and misconduct in office.
A family member of one of the van drivers came forward to say the van driver is being a scape-goat for something that happened at the scene and she is right. The van drivers do indeed participate in rough-rides but the damage done to Freddie was mostly done before he entered the van.
How rough can a ride get over blocks in a heavily populated urban area? The citizens of Baltimore too often are insulted with reports on police actions being different from what police make the official report and Freddie Grey is more of the same.
From Wikipedia, the free encyclopedia (Redirected from Depraved heart murder) Part of a series on Homicide Murder Note: Varies by jurisdiction
In United States law, depraved-heart murder, also known as depraved-indifference murder, is an action where a defendant acts with a "depraved indifference" to human life and where such act results in a death. In a depraved-heart murder a defendant commits an act even though they know their act runs an unusually high risk of causing death or serious bodily harm to someone else
What Is ‘Depraved Heart Murder’? Andrew Burton—Getty Images TIME
Baltimore City State's Attorney Marilyn J. Mosby announces that criminal charges will be filed against Baltimore police officers in the death of Freddie Gray in Baltimore on May 1, 2015. One of the Baltimore cops in the Freddie Gray case was just charged with it. This is what it means.On Friday morning, Maryland state’s attorney Marilyn J. Mosby announced that the police officers who were involved in the arrest of Freddie Gray will be prosecuted for Gray’s death. The charges faced by the six officers include assault, manslaughter — and one that may be unfamiliar to many observers: one of the officers faces a charge of second degree depraved heart murder.
What does that mean? And how is it different from regular second degree murder? Though the Maryland penal code section on second degree murder doesn’t use the poetic-sounding term, it has a long history in the state. In a 1981 case in the state’s court of special appeals, DeBettencourt v. State, Judge J. Moylan wrote:
In homicide law, this classic form of malice is referred to as “express malice.” In its vaster experience with infinite nuances, however, the law of homicide has recognized variant forms of malice. It refers to these as the various types of “implied malice” (more sophisticated modern analysis recognizes them as forms of “equivalent malice”). One of these variant forms of malice —the analogue of the hour —is that of “the depraved heart.” It is the form that establishes that the willful doing of a dangerous and reckless act with wanton indifference to the consequences and perils involved, is just as blameworthy, and just as worthy of punishment, when the harmful result ensues, as is the express intent to kill itself. This highly blameworthy state of mind is not one of mere negligence (even enough to serve as the predicate for civil tort liability). It is not merely one even of gross criminal negligence (even enough to serve as the predicate for guilt of manslaughter). It involves rather the deliberate perpetration of a knowingly dangerous act with reckless and wanton unconcern and indifference as to whether anyone is harmed or not. The common law treats such a state of mind as just as blameworthy, just as anti-social and, therefore, just as truly murderous as the specific intents to kill and to harm.
To put that in layman’s terms, the charge of second degree depraved heart murder means that the prosecution thinks that the officer in question displayed “wanton indifference” to Freddie Gray’s life, and did not care whether or not the way he was being treated would result in his death. It is a heavier charge than negligent or involuntary manslaughter — depraved heart murder suggests that the perpetrator knew the act in question was dangerous and didn’t care.
As the Maryland Court of Special Appeals noted in 1991, the malice involved in that charge can be either an act of malice (using the example of driving a car into a crowd, not specifically intending to kill a particular person but with complete disregard for the fact that it was likely a death would result) or of omission (not doing something, such that you knew that failure to do so would likely kill someone).
In that same 1991 opinion, the court noted that those cases are often traced back to a British prosecution in 1857, in which one Lord Campbell stated that “it has never been doubted that if death is the directed consequence of the malicious omission of the performance of a duty (as of a mother to nourish her infant child) this is a case of murder. If the omission was not malicious and arose from negligence only, it is a case of manslaughter.” British case law is the source of much of America’s common law.
Despite the charge’s long history, its definition remains subject to debate. As has been pointed out by many legal scholars, the line between negligence and malicious recklessness can be a fine one—but it’s one that at least one jury in Maryland will likely have to walk in the near future.
I believe most people critical of Baltimore police know police officers are not all bad and are much needed in communities. It is the illegality and abuse of police policy that has citizens raging against the injustice. I write about a coverup with Freddie because time and time and time again the media and eyewitnesses say one thing and the official police account says another. From police chases that end in civilian deaths to planting guns and/or drugs in the homes of police invasions---that are proven true.....it is the systemic lack of transparency and coverup that exists because that is what Hopkins and Baltimore Development wants as policing is used as a development tool. These two institutions are the ones who choose police commissioners and write the policy----including the open illegal actions with no transparency----and removing Hopkins and Baltimore Development from control of City Hall is a must. Baltimore will never reach sustainability or health with a captured and controlled City Hall.
Policing policy handed to the police commissioner that allows this intimidation, harassment, and brutality is what places these officers ever more in harms way as citizens become more enraged. THESE POLICIES ARE NOT GOOD FOR EITHER CITIZENS OR OFFICERS AND MUST GO----THAT MEANS GET RID OF THESE HOPKINS/BALTIMORE DEVELOPMENT POLITICIANS.
Police were ordered off pursuit before fatal crash, union says Baltimore Sun
A tow truck operator prepares to tow a car involved in a car chase that led to a fatal crash at East Northern Parkway and York Road, as workers clear the debris behind the tow truck, on East Northern Parkway. The car had crashed through the fence along westbound Northern Parkway near York Road, landing downhill on Evesham Road. (Amy Davis, Baltimore Sun) By Justin George and Kevin Rector, The Baltimore Sun Baltimore police are conducting a criminal investigation into whether officers followed orders to end their pursuit of a sedan before it was involved in a fatal crash this week, a police union attorney said Friday.
Michael Davey, the lawyer representing the officers who were in a unmarked car that was attempting to stop the sedan, said they acted appropriately and obeyed orders as soon as they received them. Three people died in the fiery accident early Tuesday at Northern Parkway and York Road, and another was critically injured.
"When they were notified to break it off, they did," he said. "We've also heard information coming from the department that the officers were told to break it off. We're sure that will be investigated, and ... we believe the officers were acting within policy, based on the information they had in hand."
Police confirmed that a criminal investigation into the conduct of two officers is underway. Lt. Eric Kowalczyk, a police spokesman, declined to discuss whether any orders were given to the officers. He said police do not want to "taint" the inquiry, in which city prosecutors are also involved.
The Baltimore Police Department's policy prohibits officers from chasing suspects in vehicles except under "exigent circumstances," such as when officers believe that failing to pursue could lead to injury or death. Before police can engage in a high-speed pursuit, agency policy says, officials must consider whether the hazards to pedestrians and other drivers are outweighed by the importance of catching the suspect.
Officers are supposed to communicate with supervisors before they begin a pursuit, remain in contact and use their lights and siren. Police are looking into whether the officers followed those protocols, Davey said.
Angel Chiwengo, 46 of Resisterstown was one of three people killed in the crash when the sedan slammed into a Jeep she was riding in. Relatives say she was on her way to see her pregnant daughter, who gave birth later that day. Her brother-in-law, Nathan Franklin, declined to comment on the new details, saying he would reserve opinions until he had more information.
City Councilman Brandon Scott, who represents the Northeastern police district where officers first encountered the vehicle, said police must "make sure that everybody is following their orders."
"Just the fact that we had people die in this incident, for me, makes it a high priority," Scott said. "Every rock needs to be turned over to make sure that every process was followed to ensure the safety of not just the victims who unfortunately passed away, but of everyone else on the road that night."
Just past midnight on Tuesday, plainclothes officers from the Northeastern District were in a rental car when they observed what police described as "suspicious activity that was criminal in nature" near Harford Road and East 25th Street.
Police said they tried to stop a Honda carrying two men. The car fled, and the officers "followed," police said. The agency has declined to say whether the officers were in what police would describe as either a pursuit or chase.
The Honda collided with the white Jeep about four miles north, at York Road and Northern Parkway. The crash also killed both passengers in the Honda: Devell Johns, 26, and Terrell Young, 28. The Jeep's driver, 54-year-old Andrew Baker Jr., was critically injured.
The fiery crash closed the busy intersection for 10 hours while police launched an intensive probe that included repeated landings by a police helicopter carrying crash investigators.
Police say the officers involved were Adam Storie, a two-year veteran, and Warren Banks II, a five-year veteran.
Christopher Henard, a three-year veteran, was also involved, but Kowalczyk said "he is not part of the review that we asked the state's attorney to conduct." Kowalczyk did not return an email asking what role Henard played in the pursuit or why prosecutors weren't asked to criminally investigate him.
Davey said supervisors did ask the officers to halt their pursuit — and that the officers complied.
"That is what we've been told," he said, "and that is what our officers did."
Davey said he is aware police are investigating the crash to see whether officers committed any crimes, whether they should face administrative sanctions and whether the department or officers could face any lawsuits.
He has advised his clients not to speak to investigators until he knows more about the police probe. He said one of the officers has been asked to speak to internal investigators but declined, and the two others have not been asked.
Davey called all three good officers and said the Fraternal Order of Police stood firmly behind them.
"It's a horrendous incident," Davey said. "None of them ever wanted to be in a position like this. Whether it's them or some other police officer, they have to make decisions in a split second that other citizens don't have to make."
Kowalczyk said tapes of radio chatter prior to the crash, which are usually public record and could shed light on what took place before the crash, are being withheld pending the investigation based on a request from the Baltimore City state's attorney's office.
"We're going to be as careful and as meticulous and as diligent in this investigation as we have to be to make sure we protect the integrity of it," he said.
The early-morning crash brought a huge response to the scene. Among others, Maryland State Police confirmed that Baltimore police requested about 2:45 a.m. that the state police's crash team respond to the accident. Two state police crash team members arrived at the scene about 4 a.m.
"When they arrived, they were told by BPD their assistance was not needed, so they left," said Greg Shipley, a state police spokesman, in an email. "MSP was given no information about the incident."
Davey said a prosecutor from the state's attorney's office was also at the crash site as part of the investigation.