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-Lurid Crime Tales-
Prosecutors to test stupid novel legal theory in trial of officer charged in Freddie Gray case
2016-05-10
[BALTIMORESUN] Prosecutors are expected to test a novel legal theory this week in the trial of a police officer charged in the arrest and death of Freddie Gray -- that the officer didn't have the authority to detain him and therefore committed an assault by putting him in handcuffs.

The allegation could have widespread implications for policing in Baltimore and Maryland. Hundreds of detainees in the city are released every year after being tossed in the slammer
Youse'll never take me alive coppers!... [BANG!]... Ow!... I quit!
without being charged.

Officer Edward M. Nero's defense team argues that police shouldn't be second-guessed -- and face criminal charges -- when they carry out their duties in good faith, while prosecutors say officers should face consequences when their actions turn out to be wrong, and the consequences are so catastrophic.

By taking a chance with this kind of case, legal experts said, Baltimore's State's Attorney Marilyn J. Mosby must believe she is correctly interpreting the law and has the political will.

"Is it a gutsy theory? Yes. Do I think most prosecutors would have brought charges on this theory? Probably not," said Paul Butler, a former federal prosecutor who is now a Georgetown University law professor. "But these are extraordinary times, and Baltimore is a city where a lot of the usual political dynamics don't apply."
Andrew Branca at Legal Insurrection has been covering this case extensively and with superb attention to legal details and theory. As this trial comes up it's well worth it to head over to LI.
Posted by:Fred

#10  Then "who has the authority to arrest" under this theory? They should require her to authorize *all* arrests *personally* if she feels that this authority can't be delegated to the individual "Gang In Blue" police officers.
Posted by: magpie   2016-05-10 20:21  

#9  Can we apply this theory to the actions of the IRS, EPA, BLM, etc.?

Nah, of course not.

Posted by: charger   2016-05-10 19:04  

#8  That pic: Resting Bitch Face
Posted by: Rex Mundi   2016-05-10 12:01  

#7  She's going to look pretty stupid and grasping when the cops are acquitted, the BLM riot and burn the inner City, and the Cops refuse to intervene for fear of being second-guessed and prosecuted. Maybe she'll even get a punch to that pouty mug
Posted by: Frank G   2016-05-10 09:02  

#6  Wasn't it Mosby's office that directed them to focus on that street corner and make some arrests?
Posted by: CrazyFool   2016-05-10 08:56  

#5  The glories of affirmative action.
Posted by: g(r)omgoru   2016-05-10 08:32  

#4  And now the police will stop policing. It will be interesting to watch Baltimore devolve into anarchy where might makes right prevails.
Posted by: AlanC   2016-05-10 08:11  

#3  Yon Mosby has a lean and hungry look.

It's a bold move. If she can pull it off, she has made her name. But win or lose, she burns down any trust between the cops and the City. A high price to pay for one woman's ambition.
Posted by: SteveS   2016-05-10 02:32  

#2  Mosby has had some legal setbacks (well deserved IMO) in this case and is looking to try another tactic.

Her persecution of police officers is despicable and deserves contempt.
Posted by: lord garth   2016-05-10 00:49  

#1  By taking a chance with this kind of case, legal experts said, Baltimore's State's Attorney Marilyn J. Mosby must believe she is correctly interpreting the law and has the political will.

Or she's just dumb as a box of rocks...
Posted by: Raj   2016-05-10 00:45  

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