By Annalies Winny
VICE News
June 23, 2016
It's getting less and less likely that anyone will see jail time for the death of Freddie Gray.
Officer Caesar Goodson, who was driving the van inside which the 25 year-old black man sustained a fatal neck injury last year, was by most accounts the state's best chance of holding anyone criminally accountable for his death, which sparked protests and riots across Baltimore and helped fuel the Black Lives Matter movement.
In a crushing defeat for the prosecution, Goodson was acquitted Thursday on all seven charges, which ranged from misconduct in office to second-degree murder, in a packed Baltimore courtroom as State's Attorney Marilyn Mosby looked on sternly.
Barry Williams, the black judge who was the sole decider in this case, told the court that the state had "failed to meet its burden" in proving Goodson killed Freddie Gray in a "rough ride" by deliberately driving recklessly in order to inflict harm on the young man. There was no evidence that Goodson "knew, or should have known" Gray needed urgent medical attention as he was driven around cuffed, shackled and without a seatbelt, Williams ruled.
The outcome came as little surprise to many legal experts, who have said from the get-go that the prosecution's case against Goodson was weak. Nor did it shock the few dozen protesters gathered outside, who have witnessed months of delays and three trials of officers involved in the Gray case—a mistrial and now two full acquittals.
"I'm disgusted as usual, especially in a judicial system that's supposed to be fair and transparent," said activist Tawanda Jones, speaking outside Courthouse East.
The city gave Gray's family a $6.4 million settlement, but many Baltimoreans want to see individual officers held accountable—a rarity in the annals of police misconduct and brutality cases. Still, many observers say the verdict itself is less meaningful than the systemic failings it represents.
Tessa Hill Aston, the president of the NAACP's Baltimore chapter, said she was disappointed in the verdict, and that it illustrates a need to pursue new police reforms.
"We have to go back to the drawing board here in Baltimore and Maryland with rules and regulations and laws that affect the police behavior," she told VICE. "It's clear that they can do action that we feel is not correct, but in the courtroom is not a criminal act."
While it's becoming less and less likely that accountability in Gray's death will come in the form of a criminal conviction, "this acquittal is in no way an endorsement of the officer's actions," said David Jaros, a University of Baltimore law professor. "It doesn't mean (Goodson) didn't make horrible decisions. This case is an indictment of the entire system." Jaros added that this called for "massive policy intervention."
In the short term, Judge Williams's decision could persuade Mosby to drop the charges against the three officers still awaiting trial, as police union officials were calling on her to do. (Mosby is also facing defamation lawsuits from several of officers charged.)
"If she can find a graceful way to exit she should probably do that," said Warren Brown, an attorney familiar with the cases.
Officer Edward Nero, who testified in Goodson's defense, was acquitted last month on four misdemeanor charges relating to Gray's initial arrest; Officer William Porter, who was forced by the state's highest court to testify against Goodson, will be re-tried in the fall following a hung jury in December.
The prosecution had several problems during Goodson's trial. The "rough ride" the driver allegedly gave Gray took center stage in the state's opening arguments but was seldom mentioned again. And perhaps more importantly, during a confrontational cross-examination, prosecutors and a lead police detective questioned each other's integrity in open court.
During the exchange, Deputy State's Attorney Michael Schatzow accused Detective Dawnyell Taylor of attempting to sabotage the case they were building against the six officers. Taylor attacked right back, accusing State's Attorney Janice Bledsoe of picking and choosing the evidence she took from police, as the two glared at each other from across the courtroom. Taylor also called into question the state medical examiner who ruled Gray's death a homicide, saying she had at one point called Gray's death a "freakish accident"; earlier in the trial, Dr. Carol Allan told the court she said no such thing.
The incident threatens "the entire integrity of the process," said Jaros, the law professor. "We're left now with less confidence that the process worked out as it's supposed to with regard to these criminal charges—and that's a real loss."
"This demonstrates how incredibly difficult it is to deal with prosecutors needing to prosecute police officers, and police officers being investigated by other police officers," Jaros added.
Outside of the courtroom, the city of Baltimore has embraced some police reform measures. Officers have received more training in how to interact with communities, and mandatory body cameras have been issued.
As is common throughout the country, however, police unions are fighting these sorts of changes. In March, the Fraternal Order of Police filed a lawsuit alleging that it is illegal for the Baltimore Police Department to share police records with the city's Civilian Review Board, asking that the body be prohibited from investigating FOP members or officers "in any manner."
That sort of institutional antagonism is a step backward in repairing fraught relations between poor minority communities and the police, according to David Rocah, an ACLU lawyer with a focus on police reform. He said the demand for criminal accountability in police brutality cases stems from an utter lack of civil accountability, which has also fueled mistrust of the cops.
"The entire topic of police discipline is legally a black box about which the public is entitled to know little to nothing," Rocah said. "The mantra is simply, 'Trust us, we'll do the right thing.'"
EDITOR’S NOTE: What the latest not guilty verdict in the Freddie Gray case really means is that it proves State's Attorney Marilyn Mosby rushed to judgement by persecuting six cops in order to appease an angry black community.
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