Baltimore will pay 6.4 million to Freddie Gray's family (vs, vote, radio)

[retiredcop111]

Originally Posted by aparker2005

I read someone on yahoo say the protesters are talking about car bombs if it's a not guilty verdict, on yahoo's blogs? Please let that be a rumor.

I don't think he is guilty of anything. However like I have said a ton of times I cant see this jury having the balls to say not guilty!!! Maybe they settle on the RE charge. BTW I hope I am wrong!

[berdee]

Originally Posted by retiredcop111

TY for your posts!!! Wish this trial could be viewed.

YW (btw, you'll have to revise your opinion of me as being a 'blood thirsty cop hater' - playful banter. But, as I'd stated before, I do take things on a case by case basis when it comes to if I feel a cop is in the right or in the wrong)
I also wish it could be viewed.

Originally Posted by aparker2005

I read someone on yahoo say the protesters are talking about car bombs if it's a not guilty verdict, on yahoo's blogs? Please let that be a rumor.

I hope it is just a rumor. I did a quick Google search but turned up nothing about it.

Originally Posted by retiredcop111

I don't think he is guilty of anything. However like I have said a ton of times I cant see this jury having the balls to say not guilty!!! Maybe they settle on the RE charge. BTW I hope I am wrong!

Agree. But with RE, if found guilty it's up to the judge's discretion as to what the sentence should be. Hopefully it would be nothing but a minor hand slap.

[berdee]

Defense closing arguments, Murtha is the defense atty that is giving the closing arguments..Again, from the Baltimore Sun live update site (reporters Kevin Rector and Justin Fenton)...

Murtha starts defense closing. Says state must prove not just factors of FG's death, but that Porter was specifically responsible

Murtha says it is "sometimes hard to set aside our emotions," but jury took an oath to do that.

Murtha stressing officer discretion, Porter's assessment of Gray and his not thinking Gray was seriously injured

Murtha said prosecutors want jury to believe rule for officers is "You say medic, I say when and where, and that's just not how it works"

Murtha says general orders are clear that they do not eliminate officer discretion.

Murtha going through all the little individual doubts the defense raised in the state's case throughout the trial

Murtha: Did Porter ever see the updated general order re seat belts? Why was there a delay from Gray's injury to first inspection of van?

Murtha says prosecution "overlooked" things, because there is an"absence of evidence." "The state is asking you to insert information"

Murtha: "The state is attempting to attack the credibility of Officer Porter" but "external facts" show he's telling the truth.

Porter gave police a statement and took stand in trial. "He had nothing to hide because he did nothing wrong," Murtha said.

Murtha said prosecution "never had an 'ah ha' moment during cross examination" of Porter on stand because he explained all actions clearly

"There's no moment where Officer Porter says, 'You got me,'" Murtha says. Porter has done nothing but make himself available.

Teel acknowledged making mistakes in notes on 1st phone call with Porter, Murtha says. Porter mentioned "can't breathe" re 1st stop, not 4th

Murtha: There is "literally no evidence" as to when in van Gray injured, but state just speculating and asking jury to "fill in the blanks."

"It's astonishing and it's scary" Murtha says. "The state is asking you to make a judgment and decision based on speculation and conjecture"

Murtha going into extent of Gray's injuries, says med examiner's testimony was "speculative theorizing" as to when injury occurred.

Murtha describes intimacy of Porter & Gray in van, "inches away from one another;" says claim Gray said "I can't breathe" is "distortion"

Murtha: Inches from Gray, Porter is "talking to him. He can tell that he's breathing," & there are no signs of serious medical distress.

Dr Carol Allan, the med examiner, offers belief injury happened before that stop, but isn't specific because she has no proof, Murtha says

"Take your pick, as far as Dr Allan is concerned," Murtha says. "Is it stop 2? Stop 3? Stop 4?"

Prosecution's inability to show when Gray injured undermines attempt to prove beyond reasonable doubt that Porter's actions caused death

Prosecution's inability to show when Gray injured undermines attempt to show Porter's actions actually caused death, Murtha says

No further updates but I don't think defense is done yet.

Moving on edit..

Murtha going through testimony of witnesses 1 by 1. Brings up multiple other officers who testified or def Porter's actions were reasonable.

Murtha says that's important for legal def of crimes; says state "brings not 1 person" who testified to actions of avg reasonable officer

"You're making a legal decision," Murtha tells jury. "Not a moral, not a philosophical decision."

Defense brought bunch of Baltimore cops to testify to reasonableness of Porter's actions, state brought 1 guy from Midwest, Murtha said.

Murtha: "They're stretching, they're reaching. They want you to be emotionally disturbed and upset" about Gray's death but have no evidence.

Murtha has ended; brief recess before prosecution has one more chance to speak to jury on rebuttal.

(since reporters have to leave the court room and go to a separate room to tweet or text, there may also be more that will be added later as the reporter catches up on what is missed after leaving the court room)

(Speaking of adding more ...)

Defense notes jury instructions say jury shouldn't use "20/20 hindsight" of Porter's actions. Can't be mere error in judgement

In closing Murtha said whatever Schatzow adds on rebuttal "it doesn't take away what is not present in their case. And that is the evidence"

Jury has to find he had "evil motive and bad faith" to convict. Defense says the proof is just not there

Def atty Murtha says assumptions made by state, medical examiner about sequence of events are "astonishing" & "scary"



[side note - Rawlings-Blake activated the city’s Emergency Operations Center this morning]

[aparker2005]

Defense done. Prosecution rebuttal then over to the jury.

How long until we expect to see a verdict?

[berdee]

Originally Posted by aparker2005

Defense done. Prosecution rebuttal then over to the jury.

How long until we expect to see a verdict?

Judge Williams said the trial would end no later than Dec. 17.

[berdee]

Prosecution rebuttal ..

Schatzow on rebuttal: Porter's "callous indifference to human life" killed Gray, and now he's lying about it.

Schatzow: Reasonable offc wouldve asked at 1st stop when Gray put on stomach in van "Why are we throwing him in there like a piece of meat?"

Schatzow on defense saying no "ah ha" moment from state cross examination of Porter: "This isn't a movie. We aren't on television!" [and yet, prosecution quoted Spiderman? ]

Schatzow says Porter has lied on stand. "Every time that he is stuck" contradicting statement "he now comes up with some new explanation."



I don't think the prosecution is done yet.

[comments in blue are my comments]

edited to add remaining rebuttal..

Schatzow is more or less using rebuttal to bring up all the defense arguments in the case and openly scoff at them. Also to ? Porter cred

Schatzow on defense argument that van driver had responsibility for Gray, not Porter: "It's almost laughable."

Schatzow on defense argument Porter scared Gray could grab gun: Fear prevented seat belting but not getting all the way into van to lift?

Schatzow suggests Porter not remembering if Rice officer at 1st stop, saying didn't ask Goodson why needed to check Gray at 4th stop, lies

State turns up the volume in rebuttal, accusing Porter of lying and suggesting coverup

Schatzow concluded.

Williams calls break for lunch until 2:15 p.m. This afternoon, he will put Porter's fate in jury's hands

[aparker2005]

Jury has the case at 2:15 after lunch. Rebuttal over.

[berdee]

IF the jury finds Porter not guilty then, imo, three of the other five officers may have an easy time at their trials.

White and Goodson will probably have tougher trials. White, because she was the on-site supervisor over the other officers. Goodson may have a tougher time with the lesser charges, since he was the van driver and the one that was ultimately responsible over any of other the officers.

Goodson may have an easier time with the (over charged) second degree depraved heart murder since the prosecution must prove beyond a shadow of a doubt..
That Goodson acted with an extreme disregard for human life.
That he caused the death of FG
That his conduct created a very high risk to the life of FG
That he, conscious of such risk, acted with extreme disregard of the life-endangering consequences.

I doubt the prosecution can prove all of those requirements for that particular charge.

[berdee]

The reporter, Kevin Rector, was called out of the overflow room. The deputy who called him out claimed 'security issue'. Someone by the name?title? of Major "said she just wanted to see what I look like" "she said it was bc I was tweeting so fast they thought I was breaking rules, but I wasn't. Major later called me "speedy""

[retiredcop111]

Judge reads the instructions and maybe a little deliberation today. It should really pick up tomorrow. No way of knowing how long the wait for the decision takes. Could be a day or it could be a week. No one knows except the people sitting in the room.