Judge: Won't toss case against 6 officers

Baltimore police block protesters Wednesday as activist Kwame Rose is detained in the purported assault of an officer during a rally outside the city courthouse. A judge Wednesday refused to dismiss charges against six police officers in the death of 25-year-old Freddie Gray, a black man who was fatally injured while in police custody.
Baltimore police block protesters Wednesday as activist Kwame Rose is detained in the purported assault of an officer during a rally outside the city courthouse. A judge Wednesday refused to dismiss charges against six police officers in the death of 25-year-old Freddie Gray, a black man who was fatally injured while in police custody.

BALTIMORE -- A Baltimore judge on Wednesday refused to dismiss charges against six police officers in connection with the death of a black man from injuries he suffered while in custody. The judge also refused to remove the prosecutor in the case.

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AP

Police handcuff a protester Wednesday in Baltimore near the city’s Inner Harbor. Dozens of protesters marched in the street after rallying at a nearby courthouse.

The death of 25-year-old Freddie Gray -- who died from a spinal cord injury he suffered while in police custody after his April 12 arrest -- sparked rioting and unrest that shook Baltimore for days. Protests on Wednesday, outside the Baltimore courtroom where a pretrial hearing took place, resulted in just one arrest.

Defense attorneys failed to convince Circuit Judge Barry Williams that what they claimed was prosecutorial misconduct on the part of State's Attorney Marilyn Mosby was reason enough to drop the charges against the police officers -- which range from second-degree assault to second-degree murder.

Williams ruled that while Mosby's public comments regarding initial statements made by the officers to investigators were "troubling," they "do not rise to the level where the defendants' rights to a fair trial have been violated."

Andrew Graham, an attorney representing officer Caesar Goodson, unsuccessfully argued that Mosby's comments after filing charges against the officers were "reckless and unprofessional," and violated the rules of conduct. He likened Mosby's comments on the case to a "pep rally calling for payback."

In announcing on May 1 the indictment of the officers, Mosby said: "To the people of Baltimore and the demonstrators across America, I heard your call for 'no justice, no peace.' ... Your peace is sincerely needed as I work to deliver justice on behalf of this young man."

Williams also ruled against another defense motion, one that sought to have Mosby removed from the case because of what the defense contended were conflicts of interest. He said the assertion that Mosby's judgment was affected by the fact that her husband, Nick Mosby, is a councilman in a district that experienced a disproportionate amount of violence is "troubling and condescending."

"Is the implication that she can't think for herself?" Williams asked, adding, "Being married to a councilman is not a reason for recusal."

Williams added that allegations of prosecutorial misconduct would have to be addressed by the state Attorney Grievance Commission.

Prosecutors told Williams that they will put into evidence redacted statements that the officers made to investigators. Both sides agreed to ask for an order sealing the statements from public view.

Officers Edward Nero, Garrett Miller, William Porter and Goodson, as well as Lt. Brian Rice and Sgt. Alicia White, face charges in Gray's death. They did not attend the hearing. All six are charged with second-degree assault, reckless endangerment and misconduct in office. Rice, Porter and White also face manslaughter charges, and Goodson faces an additional charge of second-degree murder.

After hearing arguments about whether the officers should be tried together or separately, Williams ruled that they would be tried separately. Defense attorneys had argued their clients' cases would be hurt if they were tried together.

Graham, Goodson's lawyer, argued that his client -- who faces the most serious charge -- would face a great risk of "spillover effect and transference of guilt."

Prosecutors wanted to try Goodson, Nero and White together. Prosecutor Jan Bledsoe argued that evidence to be introduced at trial was relevant to all three.

Along with the request for Mosby's disqualification, lawyers for the officers have also asked that the officers be tried individually and that the judge move the trial outside Baltimore. Williams is expected to consider the change of venue request at a Sept. 10 hearing.

Dozens of protesters made their way about six blocks to the Inner Harbor before the pretrial hearing began. Dozens of officers responded and cleared protesters from the streets to keep traffic moving at the end of the morning rush hour.

"We have three messages that we want to make very clear," said Sharon Black, a volunteer with the Baltimore People's Power Assembly, which organized the morning demonstration. "One is not to drop the charges, that is the most obvious. Second is: No change in venue. And the third is: Do not remove Marilyn Mosby from this case."

One person was arrested. Interim Baltimore Police Commissioner Kevin Davis told WBAL-AM that a protester "kicked a police officer in the face, and that's unacceptable." At a news conference later, Davis said the man was charged with assaulting a police officer, "a couple of counts of disorderly conduct" and making a false statement.

Police spokesman T.J. Smith said charges are being filed against the man. He did not specify what the charges would be. The man was arrested for blocking the road and ignoring warnings to return to the sidewalk, according to a police news release.

The man arrested was identified by witnesses as Kwame Rose, a local activist.

Information for this article was contributed by Juliet Linderman, David Dishneau, Matthew Barakat and Brian Witte of The Associated Press and by Sheryl Gay Stolberg and Gary Gately of The New York Times.

A Section on 09/03/2015

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