The trial is scheduled to start at 9:30 a.m. Thursday with opening statements.
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Of the officers already tried – there have been two acquittals and one mistrial.
An attorney for the police union attributed Rice’s 2013 suspension to a protective order filed by McAleer’s then-boyfriend and said that “any issues similar to this had nothing to do with his ability to perform his duties as a Baltimore police officer”.
Baltimore State’s Attorney Marilyn Mosby vowed to use these cases to bring justice to an aggrieved citizenry when she announced the charges past year.
“The reality we have here – you, your office, whoever, didn’t do what you’re supposed to”, Williams said. Before that, Nilson said, items had been subpoenaed for the grand jury in May 2015. The trial comes as some are questioning whether the prosecution should continue with its cases against the officers.
He has been charged with reckless endangerment, two counts of misconduct in office, two counts of second-degree assault and involuntary manslaughter. He is now free on $350,000 bail.
Gray’s neck was broken after cops did not put the shackled Gray, 25, in a seat belt in a metal transport compartment.
Rice, a 17-year Baltimore Police veteran before Gray’s death, was hospitalized over mental health concerns and twice placed on administrative suspensions.
With Rice choosing a bench trial, his case will be heard by Williams. The other two officers charged, Sgt. Alicia White and Officer Garrett Miller, filed motions to dismiss their cases last month.
On May 1, 2015, Baltimore City State’s Attorney Marilyn Mosby announced that the medical examiner had ruled the death a homicide and that her office had charged all six officers involved. Being in more of a supervisory role, Rice was expected to be a tougher conviction than some of the other officers to begin with, and early indications from the judge are likely giving his defense team reason to be cautiously optimistic.
Rice’s attorneys contend that none of the lieutenant’s actions were criminal, saying it was common practice at the time not to seat belt detainees. Williams said the prosecutors’ allegations were “legally” sufficient at this stage, and that he was not making a “factual” finding.
According to the Baltimore Sun, Judge Williams ultimately denied the officers’ latest request to have their charges dismissed. Williams admonished the prosecutor for not following the appropriate channels when police did not respond to requests for the documents. “You’ve said it’s been hard for you to get the documents from the police department”.
Defense attorneys argue that two recent disclosures in the case revealed prosecutorial misconduct. Examining his in-service training records in court might have helped.
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But, “it doesn’t mean that was the slam dunk evidence that would be sufficient to prove the evidence beyond a reasonable doubt”, said Jaros.
