The acquittal Thursday of the Baltimore police officer who drove the van in which Freddie Gray was mortally injured could spell trouble for prosecutors if they press on with the trials of four other officers accused in the death of the 25-year-old black man, legal analysts said.
“This is the time for the state to reassess,” said Timothy Maloney, a Maryland defense lawyer who followed the trial of Officer Caesar Goodson. “A rational prosecutor would end it rather than putting officers and city through more trials.”
Officer Goodson faced the most serious charges of the six accused in Gray’s death in April 2015. A Baltimore judge acquitted him of all charges, including second-degree murder and manslaughter.
Officer Goodson, 46, was the third officer to be tried and the second to be acquitted of all charges. Officer Eric Nero was acquitted in May, and Officer William Porter faces a retrial in September because his first trial ended in a hung jury in December.
Prosecutors argued that Officer Goodson was most responsible for Gray’s death because he was the only person with him during the entire 45-minute trip from the scene of his arrest to a booking station and did not provide him with timely medical assistance. The defense asserted that the officer was unaware of Gray’s injuries.
Mr. Maloney, who has both sued and defended police officers, said prosecutors went into the Goodson trial without the evidence they needed, which also will be a problem in subsequent trials.
“It’s hard to see any new evidence coming to light,” he said.
In issuing his verdict, Baltimore Circuit Court Judge Barry G. Williams said prosecutors “failed to prove the defendant knew or should have known that Mr. Gray needed medical care.”
“Unlike in a shooting or a stabbing or a car accident, this injury manifests itself internally,” Judge Williams said, citing conflicting testimony from medical experts. “If the doctors weren’t clear, how would a person without medical training know?”
Gray was handcuffed and shackled but was not secured with a seat belt in the back of the van, a violation of police department policy. He died as a result of a broken neck a week later, on April 19, 2015. His death and funeral touched off days of protests and rioting in Baltimore.
Prosecutors accused Officer Goodson of driving in a way to intentionally harm Gray.
But Judge Williams said the prosecution failed to prove that Officer Goodson gave Gray what is called a “rough ride.”
“The state had a duty to show the defendant corruptly failed in his duty, not just that he made a mistake,” the judge said.
Outside the courthouse, a small group of protesters chanted, “We can’t stop. We won’t stop, till killer cops are in cellblocks.”
Prominent defense lawyer Barry Slotnick criticized the prosecutors but predicted that they will continue with the scheduled trials of the four other officers. The next trial, for Lt. Brian Rice, is scheduled to begin July 5.
“They have no choice. They brought a prosecution,” said Mr. Slotnick, who successfully defended New York subway shooter Bernhard Goetz against attempted murder charges in 1985. “I don’t think they have the nerve to dismiss the rest. It’s quite clear that the prosecution is stuck, and they will not have the nerve in this highly emotional case to admit that they were wrong in doing what they did.”
Mr. Maloney placed much of the blame on Baltimore City State’s Attorney Marilyn Mosby for bringing charges as an effort to quell violence rather than because she had a good case.
“You could have Clarence Darrow prosecuting these cases and he wouldn’t win,” the lawyer said. “This is not prosecutorial misconduct.”
Prosecutors are hamstrung because of Ms. Mosby’s decision to file charges, he said.
“The charging decision was made in the heat of the riots rather than in the cool light of day,” Mr. Maloney said. “It’s not the way to effectively evaluate and prosecute a case. Now they’re stuck with these charges.”
Mr. Slotnick agreed. “It was pretty awful. They did it for all the wrong reasons,” he said.
During closing arguments, Judge Williams questioned the prosecutors about their assertion that Officer Goodson intended to hurt Gray. Before the trial, the judge chastised the prosecution for not providing the defense with evidence that could exonerate the officer.
⦁ This article is based in part on wire service reports.
• Ryan M. McDermott can be reached at rmcdermott@washingtontimes.com.
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