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Dragon Slayer? Or Justice System Pariah?
David LyonsMay 11, 201518 Comments
Marilyn Mosby
If Baltimore City’s States Attorney Marilyn Mosby has this right, the prosecution of the 6 Baltimore officers, she has knocked it out of the ballpark. A straight up home run. The dragon has been slayed. Mosby has fulfilled the function of her office and her responsibility to the community.
I am not saying this sarcastically or facetiously, I am dead serious. Let me explain.
Freddie Gray
I don’t pretend to suggest that I have the answers to the Freddie Gray death, no one in the public can say that. It’s an open investigation, so the details surrounding Gray’s death are privy to only those handling the case, as they well should be. That said, what information that has been released does beg for answers. It demands a thorough and objective investigation.
I’m also not one that throws good cops under the bus. Everything in me runs to the defense of good police officers under scrutiny (especially in the times we are facing, in the wake of the insane destruction of Darren Wilson’s career), I’m hardwired that way, like most police officers. That is no different than any other industry that is gelled together through fraternal relationships. That’s my feelings for good cops.
Bad cops are a different story for me. The toxic ones, the bullies, the ones that for one reason or another hold nearly the whole community in contempt. The ones that never belonged on the job to begin with, or have burned out to the point they are not the same person they were when they started. Not the police officers that make honest mistakes as humans will do. The ones that are fundamentally amoral, ethically unsound or simply corrupt. I have nothing for them. Our industry should have nothing for them. The police are out of Mulligans in the eye of the community. The bad cops destroy everything that the good and great cops go to work everyday to obtain: trust, confidence and respect.
These bad ones are not the rule, they are not prevalent like many pundits and antagonist claim. Their numbers are incredibly minuscule in big picture, however, the consequences of their actions are catastrophic. And its time they left the game.
That’s why if Mosby has nailed this, she has done the right thing. I know that there is criticism of the speed of the decision and the lack of a Grand Jury presentation. Those could be legitimate concerns, but if she has a strong, very strong case, they are not of any real concern.
But that is just an “if”.
“If” infers an alternative. And in this case, it’s not an attractive alternative.
If Mosby has rushed to judgement, overcharged, charged to appease a loud, frustrated public, I really don’t like to think about what the ramifications are going to be. It goes well beyond her loss of reputation or difficulty in being re-elected down the road.
Of all of the chatter right now that questions her work, there is one source that seems to speak louder to me. Famed attorney Alan Dershowitz, who has always been an outspoken critic of police behavior, believes Mosby does not have this right.
their hand, I think it’s unlikely they’ll get any convictions in this case as a result of this. And if they do there’s a good possibility it will be reversed on appeal. And we’ll just postpone the riots until months ahead.”
If the cases fail, everything fails. The only point of light would be the vindication of the officers, and even that, will be too late for them. The frustration that some people have with the criminal justice system (what little of it they understand to begin with) will turn to hysteria. Police across the country will receive the telegraphed message that their reputations and careers are dispensable and the justice system they respect so highly has turned turned it’s back on them. At that point, even the most dedicated police will start to gauge personal and career risks more carefully.
Michael Stevenson
Let the “impartial” investigation run its course before anything is said or done.
Baltimore city officials are sitting on a powder keg. Mosby certainly has the lit match – the question is, when will she touch it to the fuse? It’s got to happen. She now has to go through with a trial, after all the public pronouncements. That means all of the legal oddities she and her staff have come up with and engaged in will be subjected to intense scrutiny. This legal scrutiny is not going to be pleasant for the prosecutor, since you can bet a number of very knowledgeable legal scholars are probably looking toward taking this case on the officers’ behalf, and at least some of them will do it pro bono because it’s going to be a high-profile case. All I know is that between press reporting, background on certain professional websites, and 23 years worth of hands-on experience and observation, I don’t see how this case can keep from being shot down at the start, or the charges/pleas being reduced to a ridiculously low level. It’s bound to enrage that proportion of the populace that will riot at the drop of a hat. Of course, the professional agitators are watching this play out as well, and making their preliminary plans to renew hostilities. BTW good luck getting an impartial jury in Baltimore that hasn’t heard about this fiasco and hasn’t already formed an opinion.
So – will Mosby touch the match to the fuse – or blow it out beforehand? Or, have someone else do it for her?
If these cops are crooked, and that can proven beyond a reasonable doubt; if they acted with malice aforethought, singly or in concert, to deprive the decedent of his life, then hammer them. If their acts can be laid on the doorstep of incompetence, then management needs to take its fair share of the blame – these people can’t train themselves, or make their own policy. If they did not do anything wrong, then they must be exonerated – and publicly, the same way they were charged, and with the same fervor. As soon as that’s done, brace for more rioting – and not just in Baltimore.
Bruce Blackman
The if is already here. Memphis PD has 16% fewer officers than just 2 years ago and cannot get enough applicants to fill academies. When I first started in law enforcement many agencies would get over 100 applicants for each opening. I was chatting with 2 officers about a week ago and made the comment to them that I didn’t understand how anyone even does this job anymore. One of them said to me, “We don’t, we just hide and try not to get indicted.” I was talking to another whose unit was involved in a shoot, a solid, old fashioned, good shoot. The mayor visited the dead bad guys family but not the wounded officer. Go figure. Not a clue what the answer is.
Jim Bragg
It appears to me that this DA rushed to charge these 6 Officers with murder to appease the Black community. That is nothing more than mob rule! There is reasonable evidence that Gray purposely injured himself with the probable intent of accusing Officers of beating him up. Unfortunately, he went too far and actually broke his neck and he died as a result. During Gray’s arrest I thought I saw some Black Officers there. I wonder if they were charged or were all the Officers charged White? This is not Justice, this is racial, period. Obama even sent 3 Official WH representatives to this criminal’s funeral! As one person who has seen his record said, it is as long as a roll of toilet paper! Gray was NOT a nice guy but someone who was nothing but a danger to his community. I wonder if Obama will send anyone to the funeral of those two Police Officers murdered in Hattiesburg? One of those men happened to be Black. We need to start enforcing the law EQUALLY for all and not automatically assume the Police are the bad guys. If this does not change shortly, Officers are NOT going to want to get involved in anything more than they absolutely have to to keep their jobs. Frankly I find it hard to blame them.
ick Yerby
The arresting Officers were white and the transport Officers were Black. This is why shy charged the arresting Officers with Unlawful Imprisonment, So she could have some white faces to throw to the mob. Just like in ancient Rome. The kine her case hinges on is indeed illegal and the charge is invalid on its face and indeed a racial crime she committed. If there is any justice she will face the same Unlawful Imprisonment charge that she illegally placed on these Officers.
Jim Bragg
How interesting! Gray died because of injuries sustained while in transit to the jail, not while being arrested. How come she did not charge the Black Officers? They were the ones in charge when he was injured. I know the answer but that doesn’t make it right. NONE of the Officers should have been charged! This habitual criminal hurt himself looking for a big payday from suing the BPD for “beating him up”, but he went too far and ended up with an injury that killed him! Maryland has a Black AG, Baltimore has a Black Mayor and Police Chief, more than half od the City Council is Black and the PD is pretty much a 50/50 make-up of Black/White Officers. Sorry but where is the racial prejudice against the Blacks coming from? The only people these Officers are against are the criminals!
David Mason
As the Chief prosecutor for the City of Baltimore, she has the right to file charges by “information” in lieu of a grand jury indictment. That just means that there will have to be Preliminary hearing where she will have to prove to the Judge that there is sufficient evidence to go to trial. The defense will argue that there is a “rush to judgement” and the Judge will rule on the evidence presented. This is not a high hurdle to get past, a man arrested for “looking guilty” died while in police custody. There is no way this case is not going to trial.
Steven B. Frybarger
Bad Cops are bad business. Ask any department head, deputy or patrolman. They don’t care to have them share the same space that they do. No one likes working with them or feels secure when they are around. I could go on but I’m sure you get my point. That settled, the article asks us to look at the city prosecutor who seems to have drawn quickly and fired from the hip. Was she right? Frankly no one knows at this point. Not even her. If she ‘nailed’ it, it is yet to be seen. And if she nailed it with as little info as she apparently had, I’d be surprised. I’ve been surprised before so maybe I’ll be surprised again. I won’t be alone. I’m betting she’ll be surprised too.
‘When stupid follows stupid it becomes a fools parade’ (P.H.Galivan). Agonizing to watch….
In Maryland felony charges are tried in circuit court; however there is a preliminary hearing in the district court that find is if the prosecutor has a prima fascia case of probable cause. The defendant can waive the preliminary hearing or the prosecutor can take the charges to a grand jury for an indictment. Ms. Mosby is going to take the cases to a grand jury before the preliminary hearing in all likelihood. As a retired Baltimore Police lieutenant I understand but don’t like how Ms. Mosby has handled the case. In our legal system grand juries, trial juries and even judges can do some seemingly strange things; examples: One grand jury finds an officer used unauthorized force in shooting a teenager yet a second grand jury failed to indict the officer on any criminal charges; a trial jury fails to convict 4 officers in beating a man with clear evidence that they did. A prosicutor will bring charges when he or she truely believes the case is winable, usually. I hope Ms. Mosby thinks she can win in court on all six defenants if not this is an exercise and she is setting up the Balimore African American community for a fall. The community and the police both have to have faith in the courts in order for our system of laws to work.
Fantastic insight, given your relationship with the PD. I am praying that this has been done correctly and for the right reasons myself. Thank you for taking the time to leave a comment.
Robert Steede 1st
P/CPL, Investigator / Polygraph Examiner at Georgia Department of Public Safety
Mosby is in a quandary. She needs the cooperation of the police to be effective at her job, but she NEEDS the support of the community to retain her job. Most cops probably don’t reside in Balt. City and therefore are not her constituents. In many jurisdictions, Baltimore included the prosecutor is an elected official. A tone deaf politician will not be in office long. Leavening the playing field, is a muscular L.E. bill of rights that MD officers are afforded. It will be interesting to see how this all plays out.
Joe Stiles 2nd
Georgia Executive Director at Southern States Police Benevolent Association
Good article with interesting observations. In an ideal world the evil ones would never get a badge. But when they do, it is our responsibility to teach them the importance of ethical conduct as a part of being professional police officers and then quickly weed out those not up to the task
Sean P. Carrigan 1st
Deputy Chief of the Bristol Virginia Police Department
Very astute and I agree with your summation. I, too, fear that the prosecution rushed to arrest in an effort to allay the riots. However, I fear this will only delay the inevitable riots, if the officers are acquitted.
Well stated, sir. Thank you for injecting some reason into the public discourse.
Rick Yerby
She does not and apparently never will. Racially motivated prosecution can and will not endure.
Jose J. Blanco
Hard to top being on stage with Prince!
Michael Stevenson
Let the “impartial” investigation run its course before anything is said or done.
Baltimore city officials are sitting on a powder keg. Mosby certainly has the lit match – the question is, when will she touch it to the fuse? It’s got to happen. She now has to go through with a trial, after all the public pronouncements. That means all of the legal oddities she and her staff have come up with and engaged in will be subjected to intense scrutiny. This legal scrutiny is not going to be pleasant for the prosecutor, since you can bet a number of very knowledgeable legal scholars are probably looking toward taking this case on the officers’ behalf, and at least some of them will do it pro bono because it’s going to be a high-profile case. All I know is that between press reporting, background on certain professional websites, and 23 years worth of hands-on experience and observation, I don’t see how this case can keep from being shot down at the start, or the charges/pleas being reduced to a ridiculously low level. It’s bound to enrage that proportion of the populace that will riot at the drop of a hat. Of course, the professional agitators are watching this play out as well, and making their preliminary plans to renew hostilities. BTW good luck getting an impartial jury in Baltimore that hasn’t heard about this fiasco and hasn’t already formed an opinion.
So – will Mosby touch the match to the fuse – or blow it out beforehand? Or, have someone else do it for her?
If these cops are crooked, and that can proven beyond a reasonable doubt; if they acted with malice aforethought, singly or in concert, to deprive the decedent of his life, then hammer them. If their acts can be laid on the doorstep of incompetence, then management needs to take its fair share of the blame – these people can’t train themselves, or make their own policy. If they did not do anything wrong, then they must be exonerated – and publicly, the same way they were charged, and with the same fervor. As soon as that’s done, brace for more rioting – and not just in Baltimore.
Bruce Blackman
The if is already here. Memphis PD has 16% fewer officers than just 2 years ago and cannot get enough applicants to fill academies. When I first started in law enforcement many agencies would get over 100 applicants for each opening. I was chatting with 2 officers about a week ago and made the comment to them that I didn’t understand how anyone even does this job anymore. One of them said to me, “We don’t, we just hide and try not to get indicted.” I was talking to another whose unit was involved in a shoot, a solid, old fashioned, good shoot. The mayor visited the dead bad guys family but not the wounded officer. Go figure. Not a clue what the answer is.
Charles Craft
She was at the local Prince Concert and got called up to the stage. Need I say anything else?
James Barth
I totally agree with you David, totally !! She’s no Dragon Slayer, but she certainly is a Justice System Pariah !!
Jim Bragg
It appears to me that this DA rushed to charge these 6 Officers with murder to appease the Black community. That is nothing more than mob rule! There is reasonable evidence that Gray purposely injured himself with the probable intent of accusing Officers of beating him up. Unfortunately, he went too far and actually broke his neck and he died as a result. During Gray’s arrest I thought I saw some Black Officers there. I wonder if they were charged or were all the Officers charged White? This is not Justice, this is racial, period. Obama even sent 3 Official WH representatives to this criminal’s funeral! As one person who has seen his record said, it is as long as a roll of toilet paper! Gray was NOT a nice guy but someone who was nothing but a danger to his community. I wonder if Obama will send anyone to the funeral of those two Police Officers murdered in Hattiesburg? One of those men happened to be Black. We need to start enforcing the law EQUALLY for all and not automatically assume the Police are the bad guys. If this does not change shortly, Officers are NOT going to want to get involved in anything more than they absolutely have to to keep their jobs. Frankly I find it hard to blame them.
ick Yerby
The arresting Officers were white and the transport Officers were Black. This is why shy charged the arresting Officers with Unlawful Imprisonment, So she could have some white faces to throw to the mob. Just like in ancient Rome. The kine her case hinges on is indeed illegal and the charge is invalid on its face and indeed a racial crime she committed. If there is any justice she will face the same Unlawful Imprisonment charge that she illegally placed on these Officers.
Jim Bragg
How interesting! Gray died because of injuries sustained while in transit to the jail, not while being arrested. How come she did not charge the Black Officers? They were the ones in charge when he was injured. I know the answer but that doesn’t make it right. NONE of the Officers should have been charged! This habitual criminal hurt himself looking for a big payday from suing the BPD for “beating him up”, but he went too far and ended up with an injury that killed him! Maryland has a Black AG, Baltimore has a Black Mayor and Police Chief, more than half od the City Council is Black and the PD is pretty much a 50/50 make-up of Black/White Officers. Sorry but where is the racial prejudice against the Blacks coming from? The only people these Officers are against are the criminals!
David Mason
As the Chief prosecutor for the City of Baltimore, she has the right to file charges by “information” in lieu of a grand jury indictment. That just means that there will have to be Preliminary hearing where she will have to prove to the Judge that there is sufficient evidence to go to trial. The defense will argue that there is a “rush to judgement” and the Judge will rule on the evidence presented. This is not a high hurdle to get past, a man arrested for “looking guilty” died while in police custody. There is no way this case is not going to trial.
Steven B. Frybarger
Bad Cops are bad business. Ask any department head, deputy or patrolman. They don’t care to have them share the same space that they do. No one likes working with them or feels secure when they are around. I could go on but I’m sure you get my point. That settled, the article asks us to look at the city prosecutor who seems to have drawn quickly and fired from the hip. Was she right? Frankly no one knows at this point. Not even her. If she ‘nailed’ it, it is yet to be seen. And if she nailed it with as little info as she apparently had, I’d be surprised. I’ve been surprised before so maybe I’ll be surprised again. I won’t be alone. I’m betting she’ll be surprised too.
‘When stupid follows stupid it becomes a fools parade’ (P.H.Galivan). Agonizing to watch….
In Maryland felony charges are tried in circuit court; however there is a preliminary hearing in the district court that find is if the prosecutor has a prima fascia case of probable cause. The defendant can waive the preliminary hearing or the prosecutor can take the charges to a grand jury for an indictment. Ms. Mosby is going to take the cases to a grand jury before the preliminary hearing in all likelihood. As a retired Baltimore Police lieutenant I understand but don’t like how Ms. Mosby has handled the case. In our legal system grand juries, trial juries and even judges can do some seemingly strange things; examples: One grand jury finds an officer used unauthorized force in shooting a teenager yet a second grand jury failed to indict the officer on any criminal charges; a trial jury fails to convict 4 officers in beating a man with clear evidence that they did. A prosicutor will bring charges when he or she truely believes the case is winable, usually. I hope Ms. Mosby thinks she can win in court on all six defenants if not this is an exercise and she is setting up the Balimore African American community for a fall. The community and the police both have to have faith in the courts in order for our system of laws to work.
Fantastic insight, given your relationship with the PD. I am praying that this has been done correctly and for the right reasons myself. Thank you for taking the time to leave a comment.
David W. Curtis
Pennsylvania Operations Manager at Ravi Engineering & Land Surveying, P.C.
Mosby has my vote! It took a lot of courage to take the stand she has taken!
Robert Steede 1st
P/CPL, Investigator / Polygraph Examiner at Georgia Department of Public Safety
Mosby is in a quandary. She needs the cooperation of the police to be effective at her job, but she NEEDS the support of the community to retain her job. Most cops probably don’t reside in Balt. City and therefore are not her constituents. In many jurisdictions, Baltimore included the prosecutor is an elected official. A tone deaf politician will not be in office long. Leavening the playing field, is a muscular L.E. bill of rights that MD officers are afforded. It will be interesting to see how this all plays out.
Joe Stiles 2nd
Georgia Executive Director at Southern States Police Benevolent Association
Good article with interesting observations. In an ideal world the evil ones would never get a badge. But when they do, it is our responsibility to teach them the importance of ethical conduct as a part of being professional police officers and then quickly weed out those not up to the task
Sean P. Carrigan 1st
Deputy Chief of the Bristol Virginia Police Department
Very astute and I agree with your summation. I, too, fear that the prosecution rushed to arrest in an effort to allay the riots. However, I fear this will only delay the inevitable riots, if the officers are acquitted.