As the highest-ranking officer involved in the arrest of a man whose broken neck in police custody sparked riots and upheaval in Baltimore, Lt. Brian Rice was well aware of his duties, prosecutors said Thursday. Both were acquitted of any wrongdoing in the death of 25-year-old Gray, who died after he was left handcuffed and shackled, but unrestrained by a seat belt, inside Goodson’s van.
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Like the trials of Officer Edward Nero and Caesar Goodson, Rice has waived his right to a jury trial and has opted to have Judge Barry Williams to decide the case.
At a pretrial hearing Tuesday, prosecutors were dealt a blow when Williams ruled they could not present evidence of Rice’s training since becoming an officer.
According to the Baltimore Sun, Judge Williams ultimately denied the officers’ latest request to have their charges dismissed.
Rice has pleaded not guilty to involuntary manslaughter, second-degree assault, two counts of misconduct in office and reckless endangerment.
After three trials, Williams has yet to rule that the officers committed any crimes.
“Why would you expect the court to allow you to drop 4,000 pages on the defense a few days before trial without repercussions?” the judge countered.
Rice is being defended by a team of lawyers from the firm of Schlachman, Belsky & Weiner, which represents the Baltimore Police union as well as many officers facing internal discipline and criminal charges. The officers have said that while resisting arrest, Gray was so violent that they could not restrain him without risking officer safety and that the ride to the police station was not a “rough ride”.
Rice also helped Nero load Gray into the arrest van. Rice called out for other officers to pursue him.
“The reality we have here – you, your office, whoever, didn’t do what you’re supposed to”, Williams said.
The state has yet to secure a conviction in any of the cases that went to trial.
Williams’ order means the documentation of Rice’s training will not be admissible as evidence in court. State’s Attorney Marilyn Mosby has come under fire by many for continuing to press forward with the charges against the remaining officers despite a critical ruling from Williams in the last trial. Sgt. Alicia White, Officer Garrett Miller and Lt. Rice filed motions last Monday to have their charges dismissed on the basis of wrongful prosecution, NBC News reports.
Later Tuesday, police spokesman T.J. Smith said the department received a written request for the documents on June 18, and worked overtime to produce them just 10 days later.
It sounds like it’s certainly possible that the prosecutors had trouble getting the documents, but that’s not the judge’s problem nor is it the responsibility of the defense.
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Defense attorneys, prosecutors, and witnesses are barred from speaking about the Gray case due to a gag order that prohibits them from commenting publicly.
