The judge who will decide the fate of a Baltimore police officer charged in the death of black detainee Freddie Gray grilled a prosecutor on Thursday about the state’s case and questioned assertions made by the defense.
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He is charged with second-degree assault and misconduct related to Gray’s arrest, and reckless endangerment and a second count of misconduct stemming from the way Gray was loaded into the van.
The fate of a police officer facing four criminal charges in the arrest previous year of Freddie Gray is now in the hands of a city judge. Gray suffered a broken neck, fell into a coma, and died days later. The former head of Baltimore City police training said it would have been impossible to safely seat belt a resisting detainee in the back of a police van.
The judge asked Deputy State’s Attorney Jan Bledsoe whether every police officer who makes an arrest without probable cause should be charged.
The 30-year-old is one of six Baltimore officers to face charges in the case of Gray, 25, whose death in police custody a week after his arrest on April 12, 2015, sparked rioting and widespread anger in the city.
A pair of law enforcement officers testified about departmental policies and procedures in the trial of a Baltimore officer charged in the Freddie Gray case.
Prosecutors are alleging that Gray’s arrest in itself was an assault because it did not meet the standards of a legal detention.
The defense answered a handful of questions from the judge, but did not get near the interrogation prosecutors faced.
Officer Garrett Miller, who also faces charges in Gray’s arrest, was ordered to testify last week under immunity.
Deputy Chief State’s Attorney Janice Bledsoe asked Reynolds if he had ever seen anybody secured by a seat belt in a van.
Nero’s attorney said he did what any reasonable officer would have done and that while being handcuffed is a “horrible thing” – the law allows for it.
In her closing, Bledsoe cited statements in which Nero and his partner both used the word “we” to describe putting Gray on the ground and handcuffing him.
After Gray was in custody, officers found a knife on him.
Miller in his testimony said “I” arrested Gray.
Nero, Bledsoe argued, was a trained emergency medical technician who knew that Gray was having difficulty breathing and that he had requested his inhaler.
In closing arguments, Nero’s attorney Marc Zayon told the judge that Gray’s detention was absolutely within the realm of what a reasonable officer would have done. The state compelled Miller – who’s awaiting trial – to take the stand against Nero with immunity, meaning his testimony can not be used to incriminate him at his trial. “Being detained is a frightful thing, being cuffed is a disgusting thing…but the law allows it”. The second time was when the van made a stop two blocks from the arrest site, and two officers secured him in leg shackles.
Officer Edward Nero is on trial on assault, misconduct in office and reckless endangerment charges.
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Zayon also argued that the state could not prove that his client had read the general order issued by the commissioner regarding seat belts. The first officer, William Porter, had his trial result in a hung jury.
