Rice’s selection of a bench trial over facing a jury of his peers is not surprising: Officers Caesar Goodson Jr. and Edward Nero both also chose bench trials earlier this year, and both were acquitted in Gray’s death.
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In May 2015, Baltimore State’s Attorney Marilyn Mosby announced that the six police officers linked to Gray’s death would face charges ranging from assault to second-degree murder. Gray died in April 2015, a week after suffering a grave spinal injury in a police wagon while he was handcuffed and shackled.
The most serious charges against him stem from his alleged failure to secure Gray with a seat belt when he helped put him into the police transport van.
Lt. Brian Rice faces counts of manslaughter, reckless endangerment and other charges related to the 25-year-old’s death in police custody last year.
In an affidavit unsealed in Rice’s federal lawsuit, Cogen claims he was not part of the investigation that led to the charges filed against the officers.
The judge has barred prosecutors and defense attorneys from speaking publicly about the case.
“You, your office, whoever, didn’t do what you were supposed to do”, Williams said. Prosecutors racked up discovery violations in Goodson’s case as well – one of which opened the door for hearsay evidence regarding statements supposedly made by the medical examiner prior to the release of Gray’s autopsy. Prosecutors argue the knife was legal, and therefore Gray’s arrest was illegal, and Rice’s conduct is criminal.
“Unless the state can prove beyond a reasonable doubt that Lieutenant Rice, being a supervisor, had a better understanding of the risks of not restraining Freddie Gray than the van driver, then the state very likely will fail to convict him as well”, Alperstein said.
Williams said prosecutors should have pushed city officials or sought intervention from the courts.
Williams on Tuesday scolded prosecutor Michael Schatzow for his office’s handing over of 4,000 pages of evidence to the defense just before the trial’s start.
These officers are slated to stand trial in the coming months: Officer Garrett Miller on July 27, Officer William Porter on September 6 and White on October 13.
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Judge Barry Williams has also denied most of the defense motions in this case, including the main motion dismissing all charges because of defects in the prosecution, and a separate motion to dismiss the separate reckless endangerment charge. He is now free on $350,000 bail.
