Judge Drops Assault Charge Against Cop in Freddie Gray Case

Lieutenant Brian Rice assault charge cropped in Freddie Gray case

Judge Barry Williams has dropped the charge of assault against Baltimore Police Department Lieutenant Brian Rice, who is being maliciously prosecuted by State’s Attorney Marylin Mosby’s office for the arrest and death of Freddie Gray. Six Baltimore police officers are being prosecuted by Marylin Mosby, despite there being absolutely no evidence to support any charges against them. Two officers have had bench trials so far, and both were acquitted due to an absence of evidence. With the dismissed charge, Lieutenant Rice is still being charged with manslaughter, reckless endangerment and misconduct.

The Baltimore Sun reports:

On Monday, the third day of trial, prosecutors called two of Rice’s co-defendants to the stand – Officers Nero and Porter – and immediately cast them as hostile witnesses.

Chief Deputy State’s Attorney Michael Schatzow asked Nero about a defamation lawsuit he filed against the prosecution and the fact he had entered into a “joint defense agreement with the other defendants.”

Rice’s defense objected, and after a brief bench conference Williams agreed Nero was hostile to the prosecution, allowing Schatzow to ask Nero leading questions — something prosecutors are usually barred from doing.

When Porter, who is scheduled to be retried in September, took the stand next, Schatzow asked about his defamation lawsuit against prosecutors and his cooperation with the defense.

Porter acknowledged he had met with Rice’s attorneys on at least two occasions and gone over documents with them— including his own statement to police. Williams did not rule Porter was a hostile witness.

The morning testimony presented the latest example of prosecutors and police being at odds in the case.

Prosecutors allege Rice was negligent and uncaring when he helped place Gray handcuffed and shackled on the floor of the van’s rear compartment without securing him with a seat belt. Schatzow has said that decision cost Gray his life.

Rice’s defense attorneys have said Rice made the decision quickly during a volatile situation, and that his actions were “100 percent reasonable” given the situation, Gray’s own combativeness and the safety risks associated with belting a detainee in the cramped quarters of the van’s rear compartment.

The case is centering around Gray not being properly seatbelted in the car, yet the State’s Attorney had never previously prosecuted anybody for a criminal offense for failing to seatbelt anybody. Can you imagine a parent being charged with a felony for failing to seatbelt their child? And their children aren’t violent criminals who are presenting a danger to people around them.

We expect that Lieutenant Rice will be acquitted, because that’s the only reasonable decision that can be made.