Back In Baltimore

The prosecutor in the Freddie Gray death announces what might be hasty, politically motivated charges and a city calms down. For now, at least:

Baltimore’s Mood Shifts From Grim to Elated After Charges Are Announced

...

“It seems like we’re finally getting justice,” said Gary Thornton, 29, who lives in East Baltimore.

Tashira Skinner, his friend, interjected, “It won’t be justice until they say guilty.”

There is that pesky matter of trials and convictions. The Times follows up on the challenges facing the prosecutor:

Baltimore Prosecutor Faces National History of Police Acquittals

With an unexpectedly speedy and sweeping announcement on Friday of homicide and abuse-of-power charges against six police officers in the death of Freddie Gray, Baltimore’s chief prosecutor sent an unmistakable signal that the days when police misconduct drew a wrist slap are over.

It was a bold gesture, experts say — and a risky one. For the pledge may be an empty gesture unless prosecutors secure convictions in Mr. Gray’s death.

They say "empty gesture", I say "over-reaching, pandering disaster"; time will tell. At some point actual evidence and facts may be important, but I would guess that acquittals would inflame the city and (further) de-legitimize the criminal justice system in the eyes of many.

Both history and the circumstances of the case unveiled on Friday hint that it will be anything but easy. Brutality cases against police officers are notoriously difficult to win, and much about the case, including the evidence against the officers and their defense, remains unknown.

I don't know much about the evidence either, but if the police officers really did find Freddie Gray unconscious and unresponsive in the back of the van without seeking immediate medical intervention, then a "reckless disregard" type charge seems supportable. This is from the NY Times timeline - Stop 4 was the last stop before the van went to the Western District police station:

Stop No. 4: [Prosecutor] Ms. Mosby said Officer Goodson was met here by Officers Nero, Miller and Porter. Sgt. Alicia D. White and Officers Porter and Goodson observed “Mr. Gray unresponsive on the floor,” Ms. Mosby said. Sergeant White spoke to the back of Mr. Gray’s head, and he did not respond. “Despite Mr. Gray’s seriously deteriorating medical condition, no medical assistance was rendered or summoned for Mr. Gray at that time by any officer,” Ms. Mosby said.

That said, the idea of "false imprisonment" charges based on the absence of a legitimate basis for arrest seems like a stretch. My presumption is that there is (or ought to be) some sort of a good faith exception. A key part of the dispute here seems to be whether Mr. Gray's knife was legal or not. Presumably the defense will argue that either (a) the knife was in fact illegal (or a parole violation?), or (b) the knife was close enough to illegal that the officers made a good faith mistake. Attorney Andrew Branca at Legal Insurrection has lots more:

Arrests often go uncharged, and charges are often dismissed, and defendants are even acquitted at trial, often based upon a later conclusion that the underlying facts which suggested a crime are untrue or mistaken.  None of these outcomes makes the initial arrest illegal.

When an officer makes an arrest based on an articulable statement of probable cause, that arrest becomes illegal only if the officer knew or reasonably should have known that no crime had, in fact, been committed.

In short, police are entitled to make reasonable mistakes, and such a reasonable mistake does not make the arrest illegal.

Such a mistake may, of course, make further prosecution of the offense impractical or outright unjust.  But that’s a completely different matter than whether an arrest was unlawful.

One important lesson has been learned here - let's cut back to the initial Times coverage describing the charges:

Standing on a nearby street corner, Renee James, 48, said, “There’s no need to go tear up the city no more.”

Her friend Antoinnette White, 53, said of the riot: “Hurting innocent people was nonsense. I cried.”

But Abdullah Moaney, 53, an information technology worker from East Baltimore, said that “peace has lost its credibility.” Seeking to justify the violence that broke out Monday, he said that “if it wasn’t for the riot,” charges would not have been filed.

Muslims have figured it out, and now some Americans are figuring it out - non-violence is for patsies, and the squeaky wheel gets the grease.

Comments

[Sandy--I Stand with Walker 2016--Daze ن]

Justice or Just us...??

[Sandy--I Stand with Walker 2016--Daze ن]

Justice or Just us ?

What about Travon ???

[Sandy--I Stand with Walker 2016--Daze ن]

Justice or Just us ?

What about Mikey Brown ???

[Sandy--I Stand with Walker 2016--Daze ن]

Justice or Just us ?

What about Eric (Gardner-in case you forgot) ???

[Sandy--I Stand with Walker 2016--Daze ن]

Justice or Just us ?

What about his eminence Henry Louis Gates, Jr ???

[Sandy--I Stand with Walker 2016--Daze ن]

Justice or Just us ?

What about Chris Stevens, Ty Woods, Sean Smith & Glen Doherty ???

[Captain Hate on the iPhone]

Levin and the Dersh are all over this.

[Sandy--I Stand with Walker 2016--Daze ن]

Justice or Just us ?

At this point, what difference does it make ?

[Sandy--I Stand with Walker 2016--Daze ن]

Blue lives matter too.

[Sandy--I Stand with Walker 2016--Daze ن]

The Rule of Law does not pertain when your life is lived under the Law of Rule.

[henry]

They'll be cleared as was the cop in Milwaukee (Dontre Hamilton shooting), but the fired for violating procedure as he was. Sucks, but that is the game plan when evidence doesn't support the narrative. (This assumes only negligence of some sort is involved).

[Captain Hate on the iPhone]

Btw has that Chechen trash been flushed out of the country yet?

[glasater]

Justice or Just Us!

What the hell happened to sweet reason?

None of that has been on display from the blacks interviewed on Fox.

[Captain Hate on the iPhone]

My Hatette told me that the Hater Tot brings up Harry Reid's owie sporadically. He's a little young to be adding "wheezing pile of shit" to his vocabulary.

[gentlejim]

I haven't read any police reports or seen any accounts that specify what the initial contact with Gray entailed. I've seen reports that Gray ran when he saw police. Were officers sent there? Do they know Gray as a dealer or someone usually in possession of narcotics? Did he engage in some suspicious activity that drew the officers' attention? If the officers had an articulable reason for doing a simple Terry stop on Gray and he ran away the action of running away after being told to stop amounts to resisting law enforcement, interference, whatever they call it in MD. Something very simple can make the whole "unlawful arrest" or "false imprisonment" narrative moot. Way too many unknowns at this point.

[Jeff Dobbs]

Anyone watching the fight tonight?

At the pool hall last night, the bartender asked if I was going to watch it. My reply was . . . sure if you're showing it.

She said no way - too expensive.

For my bar to show the fight would have cost them $4,700.

Holy moly.

Turns out mrs hit and run has a friend from the school who has purchased the PPV. I guess we're going tonight.

Whatever. Last boxing PPV I watched was Tyson in the late 80s when I was in college. You know, knock out in 47 seconds or whatever.

We all sat around afterwards contemplating just how much beer we could have bought instead of wasting it on the fight.

[Captain Hate on the iPhone]

I wouldn't watch the fight if they were paying me to do so. No interest at all.

The Spurs/ClipJoint game 7 is another matter...

[lyle]

Last fight I watched, Holyfield lost a chunk of his ear to a rabid pit bull.

[Jack is Back!]

Regardless of the outcome, Mayweather has $250K in 5 X $50K horse chokers that he will take to a strip club in Vegas after the fight.

Black Lives Matter, don't ya know.

[henry]

Better fights on the nightly news these days.

[Jack is Back!]

henry,

What was that old Henny Youngman saw:

"I went to boxing match and a hockey game broke out".

[lyle]

A pit bull who, in a just world, should have been put down.

[les nessman]

"Do they know Gray as a dealer or someone usually in possession of narcotics?"

He was an Outlaw. He lived his life Outside Of The Law, outside of the rules that make up a peaceful civil society. His long rap sheet shows that he was not part of law abiding society. (Sadly, the fact that we are now drowning in bad 'laws' that should not exist kind of weakens this argument, but there it is.)

None of which means he should have been abused or injured by the cops. If, IF, they did that then they deserve punishment.

But when you live your life against the rules of society, you may not get the protections of those rules. That may not be proper or just, but it seems like common sense. If you jump off a building because you defy the laws of gravity, most people won't care when your broken body complains that "it's not fair!"

I think most people are more concerned with the danger of cops abusing innocents or non-career criminals. Outlaws, not as much.
Obviously, the parasites and mobs, along with some more 'normal' people, disagree with this point of view.

[Jeff Dobbs]

I put my reference to it in the other thread, but imagine my disappointment that the AoSHQ gardening thread makes no mention that today is World Naked Gardening Day.

Everything seemingly is spinning out of control.

[Michael (fpa Patriot4Freedom)]

I remember that Tyson v. Holyfield PPV in the late 90's . . .

The 'prize bite' that turned me off to PPV boxing forever.

[narciso]

crossing the streams, hit, and neuralization might be required,

[Jack is Back!]

Too bad DoT isn't here. His heart would soar: We have 5 rounds of the NFL draft completed and not one Notre Dame player has been selected yet. First time since 2000.

Florida which had a dismal record has 5 players selected so far including the No. 3 - Dante Fowler, Jr. But no one has as many as FSU - 9.

[Thomas Collins]

Michael, I finally convinced my wife to watch a prize fight with me. It was Tyson-Holyfield 2. She has never watched another one.

I thought Tyson-Holyfield 1 was great. Holyfield bullied the bully very effectively.

[narciso]

I avoided much of this foolishness, as going through the Faulknerian length Greg Iles Natchez
saga, which offers an interesting new Kennedy conspiracy angle for MarkO

[Beasts of England]

Between boating, the Derby, and the prize fight, I can't make time for nekkid gardening day. Dang it!

The Flamingos were a huge success. Pro tip: it's all in the lime wedges and the shakin'.

Not sure how prodigious quantities of Woodford Reserve are going to settle on top of the rum drinks. But, it won't be the first time that I've thrown up on my (formerly) white bucks!

And with that, it's time to break out the seersucker jacket and my pink bow tie. Riders up, y'all!!

[Beasts of England]

Not much prettier than seeing horses race on Kentucky bluegrass. Damn that's beautiful...

Okay - gotta go!

[narciso]

of course taking zaphod seriously is a fool's game:

http://www.thegatewaypundit.com/2015/05/firefighters-union-rips-obama-you-say-one-baltimore-protest-fire-was-looped-on-tv-which-one/

[Ben]

I don't know which is worse Les Nesman or Ted Baxter.

I'll go for news readers since that's the high bar for journos these days.

[Jack is Back!]

Maybe Les or Ted should ask these questions of Hillary.

https://twitter.com/hashtag/askhillary?src=hash

[Miss Marple]

I am watching the Derby.

I thought I recognized the woman's voice in the intro: Ashley Judd.

Ashley Judd and Bob Costas. I only care about a few sporting events each year, and NBC manages to ruin them all.

Soon Bob Costas will ruin the Olympics, too.

But Ashley Judd! Dang!

[Jack is Back!]

This Last Bottle appears to be a winner at $18. A "baby Chateauneuf de Pape". Looks promising.

http://www.lastbottlewines.com/?utm_medium=email&utm_campaign=Domaine+de+Marcoux+La+Lorentine+Lirac+2012&utm_content=Domaine+de+Marcoux+La+Lorentine+Lirac+2012+CID_6dc3e42450d79fcf2af3eebbbfc925a5&utm_source=Email%20marketing%20software&utm_term=View%20Past%20Last%20Bottle%20Offers

[narciso]

for lighter fare, I also went with the late Stuart Woods Stone Barrington fare,

[narciso]

latest, Woods is likely to be around for quite a while,

[Jack is Back!]

NBC featuring a cross dressing gay ice skater as an odds maker for the Derby. And they wonder why people are turned off by Mainstream TV these days.

I will turn back when the starting time is near.

[narciso]

speaking of clueless, a profile of Madame Mayor, in Carlos Slim's had her graduating from Tuskegee, layers of fact checkers,

[Johnv2]

"good faith exception"

You know, if I and other average types don't get good faith exceptions for close calls on the numerous and obscure laws we are expected to obey, I'm not really eager to grant officers any good faith exceptions. Let the judge, prosecutors, and police live in the world we live in.

[Miss Marple]

Jack,

Johnny Weir added to the anoyance of Ashley Judd and Bob Costas. Probably Obama will be inflicted on us soon.

I hate NBC.

[NBC]

The feeling is mutual.

[Miss Marple]

LOL!

[Jack is Back!]

Okay. Who you got?

I am keeping with my inclinations: Far Right. [he won't win so I'll go with American Pharoah to actually win]. But if he does, it counts.

[narciso]

I don't know what's it's track record,

[Miss Marple]

Dortmund or Ocho Ocho Ocho.

(I don't know much about this othe than what I have read today.)

[Beasts of England]

I'm going with Dortmund. He's a - wait for it - Beast!!

I've only been to Kentucky one time (for the Derby) but I sure am moved whenever I hear that song. Maybe it's the Bourbon. :)

p.s. that baby Châteauneuf-du-Pape looked like a bargain, JiB.

[henry]

My shredder needs to cool off, when do they loose the horses?

[Jack is Back!]

Beasts: Domaine de Marcoux La Lorentine Lirac 2012

I thought you'd go for Bolo: Alabama and trained by a wimmin.

[Miss Marple]

Shortly. They're parading to the post now and will be loaded in the gates in a couple of minutes.

[henry]

Have beer, still waiting for the "hosts" to STFU.

[narciso]

it's NBC, they have no understanding of other sports, why would you think horse racing would be any different,

[Beasts of England]

A Carla Gaines win would be great, JiB. Just a long shot...

Three minutes, henry!

[Miss Marple]

American Pharaoh wins, Firing Line second, Dortmund third.

Good thing I didn't bet!

[Beasts of England]

Great race - wow!!

[henry]

OK, horse named for the oppressor of Moses beats the one named for a gun range and the soccer team shows. Two out of three are ok.

[Jack is Back!]

Can't see that horse even entering Belmont. Great win but he won't handle the longer races. We'll see.

[Beasts of England]

Bayern came in last in the Stakes earlier today, henry. Show was an improvement for soccer. :)

[Miss Marple]

Jack,

I thought Dortmund would do better because of his size. I can't see him handling Belmont, either, because he faded in the Derby, which is shorter.

So, given my level of expertise, Dortmund will probably win the Belmont.

[Janet]

It'd be interesting to see a list of federal & state programs that are run in Baltimore through the thousands of leftist groups.
What did the "community organizer" world ever do for Freddie?

Do any of their programs work? Was Freddie or his family plugged into any of those programs?

The usual suspects show up & demand more money....but has anything they've done so far made ANY difference?

[narciso]

and yet much the same templates are repeated over and over:

http://babalublog.com/2015/05/02/the-heritage-foundation-and-wall-street-journal-use-che-guevara-picture-to-hail-educational-program-for-building-self-respect-among-black-kids/

[Janet]

and it is frustrating to watch feral children & rioters treated with more respect by the MFM than the millions of Americans that went to tea party gatherings & patriotic events.

Burn & loot a CVS & the MFMers want to hear what your concerns are....

IT is maddening.

[narciso]

tapper did ask, fwiw:

http://newsbusters.org/blogs/curtis-houck/2015/05/01/jake-tapper-asks-omalley-if-baltimore-shows-liberal-policies-are

[narciso]

they want their beliefs validated, hence a Carson, a West, a Clarke are so derided,

[Steve]

Video - Kentucky Derby 2015: American Pharoah Wins Derby Race

http://commoncts.blogspot.com/2015/05/141st-kentucky-derby-2015-american.html

[Michael (fpa Patriot4Freedom)]

narciso - Do you mean Joe Clark, the Jersey principal?

[narciso]

no the Sheriff of Milwaukee, although the former was not regarded by 'the right people' then either,

[Janet]

from narciso's O'Malley link -
"...the real conclusion we draw, from Baltimore, from Charleston, from Ferguson and other places is that America is failing America.

The remainder of his response was largely derived from a belief that “[w]e are failing to live up to the sort of people that we expect ourselves to be” because “people and labor and human beings” are being treated like “they’re worthless commodities.”"

Ya know...what about Freddie's family? Trayvon's family? Mike Brown's family?

Did the family live together & have dinner together when the boys were growing up? What church did Freddie go to?

les nessman's post at 3:50 sure is true.

[Janet]

because “people and labor and human beings” are being treated like “they’re worthless commodities.”"

By who? These leftists make me sick condemning me & society in general.
I'm sittin' here taking care of my father-in-law while he is dying & then to have to hear from O'Malley that somehow I'm "failing" is just too much.

Leftist poison & lies are everywhere & then when the consequences of buying into those lies hits home...all of a sudden I am being blamed for not caring enough & not doing enough.
It's all IN to mock Christians until you need some Christian charity & love.

[narciso]

can we deny that there has been a lack of economic opportunity in those communities, one cannot, however have they been trained to aspire to anything more than the devil's minstrelsy of gangster wrap, no they have not,

[DebinNC]

Amen, Janet.

[henry]

The left should have listened to Moynihan instead of Teddy.

[DebinNC]

In a recent, pre-Freddie Gray Gallup poll, Maryland (47%) came in third behind IL and CT in residents who'd leave their state if they could. I certainly understand why now.

[Miss Marple]

Janet hits the nail on the head.

Why don't they take all of that energy in those marches and form teams to clean up their neighborhoods. Why don't the women take turns watching each others' children so they can get part time jobs? Why do the men abandon their families?

Like Janet, I have cared for parents with failing health. I have worked in the food pantry. I have donated to Catholic charities. And I have paid WAY more taxes than I care to think about.

I am to the point that I just don't care. Give them a state and let them have it to themselves. In fact, give each of them 10 grand and a car as well. Then let them make their own country.

Bah.

[Jack is Back!]

Janet,

Is it 'Saul' if so he is my prayers. What a wonderful life to live an have a great DIL to car for him. You are also in my prayers.

Looking at everytihing so far, even the so-so on the extra passenger, it does not look good for that young lady's pretentious charges at all. If it makes it past a preliminary hearing then it is a 'political' trial. Vlad will approve appreciatedly.

[Jane]

I am to the point that I just don't care. Give them a state and let them have it to themselves. In fact, give each of them 10 grand and a car as well. Then let them make their own country.

Bah.

I've been suggesting we split this country in 2 for years. The left can have its own country and we can secure our borders. Give them 1/2 the debt and half the assets. (If there are any assets) Never look back!

[narciso]

it is such a fracking waste, 'this too is the story of Obama' rimshot, well it kept us from looking too closely into the surrender to Iran, and Red Queen's
scamarama.

[Beasts of England]

But you'd have to move to a nasty red state, Jane! :)

[Jack is Back!]

Jane,

Do they get half the nukes? This is the problem.

[henry]

JiB, they get the half that have been decommissioned. They don't want a military anyway.

[Jane]

BTW I went to see my 89 year old mother today. She is a dyed in the wool democrat which amazes me given how I was brought up. I asked her if she was excited about Hillary. She said: "Excited? Well I think she has a depth of experience that is unrivaled". So I asked her what she thought Hillary's greatest accomplishment was. Dead silence.

When I was leaving she said she would like to hear from me more. (We don't get along much). I said: "call me when you think of a Hillary accomplishment".

Her response: "I'll never talk to you again".

(It wasn't as ugly as it sounds")

[narciso]

it used to be down here in Florida, when there was a controversial incident like the Lozano case in '89, (on Superbowl night), there was a default to Orlando, where in Maryland, could the officers get a fair trial,

[Jane]

Do they get half the nukes? This is the problem.

They don't want the nukes. They are into leading from behind.

Beasts you might have to move to a "red state" since we have no idea which ones they will be yet.

[DebinNC]

Inside the Freddie Gray investigation. Is it usual for one outlet (The Baltimore Sun) to get such an exclusive of a public entity?

[Jack is Back!]

Jane,

Next time you go bring her a Reset button.

[narciso]

shirley they can't be serious:

The task force worked while being unable to question the six officers, beyond initial statements the officers had provided. Detectives were told to reconstruct the officers' actions not only for April 12 but several days and even years earlier, using internal records and "run sheets," which log officers' daily actions.

[narciso]

see this is why I have 'appropriated' Fielding Mellish's concise summary from 'Bananas' because it fits so often.

[BB Key]

CH
College Park MD

BiG10 Championship

Jays 4 - Buckeyes 0

end of 1st Q

good thing they are not playing in Baltimore

[Jack is Back!]

BTW, discussing scores. BYU wins College Rugby championship for 4th year in a row over Drj's Cal Bears. Great game.

[Beasts of England]

I feel pretty sure that Alabama wouldn't go with the progs, Jane. Just a guess, though! :)

[Beasts of England]

Harding Park looks great at the WGC, doesn't it JiB? Glad to see that track get some recognition...

[narciso]

they do illustrate the antfarm meme from Barcelona:

http://www.washingtonpost.com/blogs/post-partisan/wp/2015/04/30/how-western-media-would-cover-baltimore-if-it-happened-elsewhere/?tid=hybrid_linearcol_2_na

[DebinNC]

NYC undercover cop shot in head while conducting traffic stop .. expected to survive.

[Ignatz Ratzkiwatzki]

The way I got it figured the race hustlers saw a headline on the "broken windows theory" and thought "damn, whynt we tink o dat?"

Cop hits a kid? I break my neighbor's window, damn straight.
Cop arrests a kid? I break the kid's window.
Cop arrests me? I break my own. I can do dat. What's whitey gonna say den, fool?

[Miss Marple]

http://therightscoop.com/lol-cnn-reporter-cuts-interview-short-when-baltimore-teen-says-he-earns-stuff-by-stealing-it/

[Janet]

Yes, JiB....thanks.

[Michael (fpa Patriot4Freedom)]

Janet - You shouldn't worry too much about criticism from someone like O'Malley.

After all, he thinks people *and* human beings are separate things.

I bet he doesn't care one whit about the unborn children of abortion, or the children in hellholes like Baltimore who grow up without a father.

Hope you find the strength to keep your spirits up as you care for your dear father-in-law. Remember, blessed are those who care for the sick.

[Jane on Ipad]

Beasts,

You have to pick a territory . North v south or east v west. Or maybe go on a diagonal. The states must be contiguous. ( as you can see, I've been planning this for a while)

[henry]

Jane, why contiguous for the progs. They all fly private jets with huge carbon footprints.