Police trials stay in Baltimore

Freddie Gray’s death was news all over, judge tells defense

Sheriff’s deputies ask people to stay back as protesters rally Thursday outside a Baltimore court during a hearing regarding a change of venue for the trials of officers charged in the death of arrestee Freddie Gray.
Sheriff’s deputies ask people to stay back as protesters rally Thursday outside a Baltimore court during a hearing regarding a change of venue for the trials of officers charged in the death of arrestee Freddie Gray.

BALTIMORE -- The trials of six police officers charged in the arrest and death of Freddie Gray will be held in Baltimore, a judge ruled Thursday, saying it would be nearly impossible to find a place not inundated by publicity about the case.

Circuit Judge Barry Williams of Baltimore dismissed arguments from the officers' attorneys, who said the days of riots, protests and citywide curfews would make it difficult to choose unbiased jurors in the city.

The defense also argued that the city's $6.4 million settlement with Gray's family sent a message that the officers were guilty, but the judge said the settlement doesn't affect the criminal trials.

"Information is ubiquitous, and every person in the city and state can choose to inundate themselves," Williams said.

Potential jurors may be asked whether they have been influenced by the coverage, the judge said. As his decision was relayed outside the courthouse, a group of about two dozen protesters cheered and started chanting: "The trial stays here."

Baltimore sheriff's deputies stood nearby. At least one demonstrator was arrested after the hearing started.

Gray, a 25-year-old black man, died after being fatally injured while in police custody in April. Prosecutors have said officers had no reason to stop or chase after Gray and that they falsely accused him of having an illegal switchblade knife when in fact it was a legal pocketknife.

Gray was handcuffed, put in a van and not strapped down with a seat belt -- a direct violation of department policy -- and officers ignored his repeated pleas for medical attention, even rerouting the van to pick up another passenger, prosecutors have said. Gray died April 19, a week after his arrest.

His death prompted protests and rioting that shook the city and caused millions of dollars in damage.

Attorney Ivan Bates, who argued on behalf of all six officers, said the city's settlement announced earlier this week sways prospective jurors and indicates "these officers are guilty, and if they are not guilty, why are we paying them $6.4 million?"

Mayor Stephanie Rawlings-Blake acknowledged the settlement before a trial was unusual, but she said it was important to help bring closure to Gray's family. She said she was confident the judge made the right decision to hold the trials in Baltimore.

"It will allow the city to focus on healing," she said.

The only circumstance under which a change of venue is appropriate is in "a small community where you have an armed lynch mob at the door," Chief Deputy State's Attorney Michael Schatzow said.

In his argument, Schatzow said the riots were "confined to a relatively small geographic area" and not widespread enough to affect all Baltimore residents.

Defense attorneys estimated the number of eligible jurors in the city at 276,000.

The trials are tentatively scheduled to begin Oct. 13.

The six officers were indicted in May and face charges ranging from second-degree assault to second-degree murder.

All six officers, including Edward Nero and Garrett Miller, are charged with second-degree assault, misconduct in office and reckless endangerment. Lt. Brian Rice, Sgt. Alicia White and officer William Porter also face a manslaughter charge, while officer Caesar Goodson faces the most serious charge, second-degree "depraved-heart" murder.

Three of the officers are white. Three are black.

Information for this article was contributed by Brian Witte and Ben Nuckols of The Associated Press.

A Section on 09/11/2015

Upcoming Events