Judge won't drop charges against six Baltimore cops

BALTIMORE

- A Baltimore judge yesterday 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.

The death of Freddie Gray, 25, who succumbed to injuries sustained after his arrest on April 12, sparked protests, rioting and unrest that shook Baltimore for days. A demonstration yesterday outside the courtroom where a pretrial hearing on the charges took place attracted dozens, and 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 were not likely to prejudice a jury.

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."

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

"Being married to a councilman is not a reason for recusal," he said.

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

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, though they did not appear in court.

All six are charged with second-degree assault, reckless endangerment and misconduct in office. Rice, Porter and White also face manslaughter charges, while Goodson faces an additional charge of second-degree "depraved-heart" murder.

Prosecutors introduced two pieces of evidence yesterday: a police communication recorder of White's dispatches on the day Gray was arrested, and the redacted statements White, Nero, Miller and Porter gave investigators. Goodson did not make a statement, and Rice's attorney objected to any redaction. Those materials were placed under seal.

After hearing arguments about whether the officers should be tried together or separately, Williams determined that each officer should get his or her own trial, siding with defense attorneys who argued that their clients would be prejudiced if their cases were joined.