Like many, I am still waiting for the evidence used as the basis to charge the six officers in Baltimore for the death of Freddie Gray. This morning, however, I was disturbed to read that an effort to create a fundraising site for the defense of the officers was taken down on GoFundMe. It appears that the site has a very questionable standard for funding that does not afford accused parties a presumption of innocence in asking for support to fund their defense.
The Baltimore City Fraternal Order of Police created a GoFundMe page for the six officers after they were charged Friday. However, less than an hour later, it was taken down.
After 41 minutes, it has only raised $1,135 — considerably short of the $600,000 goal.
There is no confirmation on who is responsible. However, the site states the following : “‘Campaigns in defense of formal charges of heinous crimes’ are prohibited by our terms . . . GoFundMe cannot be used to benefit those who are charged with serious violations of the law.” Really? Why? I was under the impression that people were given a presumption of innocence in this country. Why shouldn’t this site be used to help guarantee a fair trial for anyone facing prosecution? Moreover, how do you define a serious violation? Clearly, this case would qualify but where is the line drawn?
This is a site that is designed to help people organize in making donations to support different causes. Giving such charity is a positive act, including giving money to guarantee a fully funded defense. Our criminal justice system is a foundational part of our society. It reflects our commitment to the rule of law. Central to that institution is the presumption of innocence. I find this policy of GoFundMe to be inexplicable and distasteful. Many people want to support the criminal justice system as much as environmental or other causes. The policy makes, in my view, an arbitrary and biased decision in barring those who are accused of serious offenses by the government. It should equally presumably bar those who are viewed as victims of government abuse like journalists or whistleblowers.
I also was a bit concerned to read Baltimore State’s Attorney Marilyn Mosby comments telling protesters: “I heard your calls for, ‘No Justice, No peace.’ Your peace is sincerely needed as I work to deliver justice on behalf of this young man.” I generally think it is a bad idea for prosecutors to directly respond to public protests demanding criminal charges. Such protests should not have an influence on the decision to prosecute and it is always a concern, as with Mike Nifong in the Duke case, where prosecutors are seen as too responsive to public demands for criminal charges. This is not meant to suggest that a criminal case cannot be made but these press conferences can undermine the integrity of a prosecution if the chief prosecutor is viewed as too influenced by external events or demands.
What is wrong with BamBam’s fingers, she can’t link to her own articles? Hmmm, someone else here never links either.
Allegedly, the affirmative action State’s Attorney appears to have made an illegal deal with rioters to deliver “justice” in exchange for “peace.” She has violated professional standards at a minimum. She should be reprimanded and her actions investigated. She should be removed.
This person is ASSUMING it was an spring assisted knife. I don’t believe the type of knife was mentioned in the investigation, just that it was a legal knife. She is also ASSUMING he was on parole. Where is there documentation that he was on parole? That was a sloppy article. Again NO link to a source for this latest article.
@Dev
I was just funning with you. That is why I had a little smiley face there. You have to watch me on stuff like that.
Squeeky Fromm
Girl Reporter
I. Annie has a problem with reading
Before she can complain about not having a hyper link to your story and also being unable to use Google evidently…..I have posted the link to that article TWICE
Here is the third time
http://legalinsurrection.com/2015/05/freddie-grays-knife-why-is-prosecutor-claiming-unlawful-arrest/
Maybe she can get someone to read it aloud to her?
bam bam, wade is right, you cannot keep repeating stories that have been found to be bogus…a Baltimore sun reporter did a pretty detailed story on it (the pre-existing condition).
and squeaky, spellchecker still did not work for you…”compliant pensioner”? think not. maybe compliant prisoner….
Wadewilliams
bam-bam
SOMEBODY on that team made false charges on the ‘switchblade’. That cop deserves to have his career ruined.
SOMEBODY on that team (possibly more than one cop) failed to fasten a seatbelt on a guy who was cuffed and shackled. That/those cops deserve to have a trial.
SOMEBODY may have purposely driven the patrol wagon recklessly. That guy deserves a trial.
SOMEBODY decided to chase Freddie Gray because the guy ran away from him. That guy deserves a big career set back.
Freddie Gray wound up dead. Most here want government accountability. Accountability in this case is a trial.
I wish the Gofund site had remained open. It was shut down. That’s free enterprise for you. Set up another site. I’m sure it will be successful.
_____________________________________________________________
Okay, Wade. Who is spreading bogus info now?
You must love the taste of crow!
Lol!
_____________________________________________________________
Freddie Gray’s Knife – Why is Prosecutor Claiming Unlawful Arrest?
Posted by Andrew Branca Saturday, May 2, 2015 at 10:35am
Is Prosecutor Mosby correct that Gray’s arrest was unlawful because knife was legal?
https://youtu.be/74E2Rju3xkw
A new talking point claiming that Freddie Gray’s original arrest was unlawful has arisen, propelled by the claim yesterday by Prosecutor Mosby that the knife seized from Gray by police was legal to possess in Maryland.
As reported by the New York Times:
Ms. Mosby faulted the police conduct at every turn. The officers who arrested him “failed to establish probable cause for Mr. Gray’s arrest, as no crime had been committed,” she said, describing the arrest as illegal. Officers accused him of possession of a switchblade, but Ms. Mosby said, “The knife was not a switchblade and is lawful under Maryland law.
These statements are remarkably insensible coming from someone who has attained the position of state prosecutor.
Mosby Issue #1: Spring-Assisted Knives Almost Certainly ARE Illegal Under MD Law
First, it raises a question of whether Mosby is simply facially incorrect in claiming that Gray’s knife is legal. It has been described in news reports as “spring-assisted.” If that description is explicitly false and there was no spring assist mechanism, then it is likely that Gray’s knife was not unlawful.
If, however, it was spring-assisted than it certainly seems it would be unlawful under Maryland law.
The Criminal Code of Maryland, §4-105, defines a “switchblade knife” as:
(1) a knife or penknife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife.
The way a spring-assisted knife mechanism works is that a spring in the handle of the knife takes over the opening of the blade after the blade has been opened a small amount by pressure applied to the blade by the users fingers. Thus, the statutory definition would arguablly apply to spring-assisted knives.
Clearly, if a spring-assisted knife falls within the statutory prohibition, and it has been widely reported Gray’s knife was spring-assisted, possession of this unlawful knife would provide probable cause for Gray’s arrest.
It is notable that Mosby has yet to address this issue of the precise mechanism of Gray’s knife. This is an odd oversight, given that this issue would likely be determinative of her claim that the knife was not unlawful.
For those unclear on the mechanistic differences an assisted-opening knife and a switchblade, the video below may be informative (the first knife is the assisted-opening, the second the switchblade):
Mosby Issue #2: Jurisdictional Sloppiness
Second, Mosby’s statement reflects remarkable jurisdictional sloppiness, especially coming from a state prosecutor who works primarily in a subsidiary jurisdiction of that state. As noted above, Mosby is quoted as explicitly stating that:
The knife was not a switchblade and is lawful under Maryland law. (emphasis added)
The description of the charge brought against Gray explicitly provides that he
did unlawfully carry, possess and sell a knife commonly known as a switch blade knife, with an automatic spring or other device for opening and/or closing the blade within the limits of Baltimore City. (emphasis added)
freddie_gray_complaint 600
It is notable that it is not at all uncommon, particularly in “blue” cities, for cities to have substantially more restrictive weapons laws than do surrounding urban areas. Anyone who has ever driven through the state of Maryland will have seen that there is a dramatic difference in social culture between inner-city Baltimore and the bucolic Maryland countryside.
Indeed, the City of Baltimore has adopted as an ordinance its City Code §59-22, which states in relevant part:
Switch-blade knives. (a) Possession or sale, etc., prohibited. It shall be unlawful for any person to sell, carry, or possess any knife with an automatic spring. (emphasis added)
Thus (and again assuming Gray’s knife was spring-assisted, as widely reported), even if Mosby is correct (unlikely) that the knife was legal under Maryland state law, it would still arguably have been illegal under Baltimore code §59-22.
Mosby Issue #3: Weapons Possession Usually Illegal When on Probation
Third, it raises questions about whether the knife was illegal per se, or whether it was the possession of the knife by Freddie Gray that was illegal. Gray was a convicted felon, and an examination of his criminal record suggests it highly likely that he was on probation when he was arrested and found with the concealed knife. (Anybody with definitive information on Gray’s probation status, please contact me directly.)
In my experience, it is an invariable condition of probation that possession of a concealed weapon of any type is prohibited.
Note that the explicit language in the Statement of Charges reads that Freddie Gray
did unlawfully carry, possess and sell a knife commonly known as a switch blade knife, with an automatic spring or other device for opening and/or closing the blade within the limits of Baltimore City. (emphasis added)
Thus if Gray was on probation, and his probation prohibited his possession of a concealed weapon, this unlawful possession would provide adequate probable cause for Gray’s arrest.
Mosby Issue #4: Misunderstanding How Probable Cause Actually Works
Mosby’s asserts that the police failed to establish probable cause for Gray’s arrest on the basis that she later determined Gray’s knife (the basis for the arrest) to have been legal. As reported by the New York Times, Mosby claims that the arresting officers:
failed to establish probable cause for Mr. Gray’s arrest, as no crime had been committed.
This is simply not how probable cause works in the context of an arrest .
Here’s what probable cause does not mean: That the officer making an arrest has determined that the facts on which the arrest is founded are true to an absolute certainty, and that the arrest becomes illegal should these reasonably believed “facts” later turn out to be untrue or mistaken.
This should be self-evident by the inclusion of the word “probable” in the phrase “probable cause.”
Arrests often go uncharged, and charges are often dismissed, and defendants are even acquitted at trial, often based upon a later conclusion that the underlying facts which suggested a crime are untrue or mistaken. None of these outcomes makes the initial arrest illegal.
When an officer makes an arrest based on an articulable statement of probable cause, that arrest becomes illegal only if the officer knew or reasonably should have known that no crime had, in fact, been committed.
In short, police are entitled to make reasonable mistakes, and such a reasonable mistake does not make the arrest illegal.
Such a mistake may, of course, make further prosecution of the offense impractical or outright unjust. But that’s a completely different matter than whether an arrest was unlawful.
In the Gray instance, the arresting officer may in fact have been mistaken about whether a spring-assisted knife falls within the statutory prohibition on possession of a switchblade, or on whether Gray’s possession of the knife while (presumably) on probation was an offense subject to arrest.
But unless he actually knew or reasonably should have known either of those possibilities to not be the case, probable cause for the arrest existed, and the arrest itself was not a crime.
Again, if the officer was mistaken the arrest may be defective for purposes of further prosecution. But this does not mean that an officer is limited to making an arrest only in circumstances where criminal conduct is a legal and moral certainty.
A society in which this were required, or permitted would be, I expect, a society that most Americans would find an unpleasant place to live.
Thus, even if it turns out that the knife was legal and that Freddie Gray were legally permitted to possess the knife under the circumstances, if the police officer reasonably believed that either of these were offenses subject to arrest, and neither knew or should have known that this belief was incorrect at the time of the arrest, then there existed probable cause for the arrest, and the arrest itself is entirely lawful from the context of that officer’s conduct.
The apparent political theater in the announcement of the charges is getting growing criticism, reminiscent of what accompanied the George Zimmerman over-charging and politicized prosecution. Alan Dershowitz on NewsMax:
–-Andrew, @LawSelfDefense
——————————————————————————–
NEW! The Law of Self Defense proudly announces the launch of it’s online, on-demand state-specific Law of Self Defense Online Training. These are interactive, online versions of the authoritative 5-hour-long state-specific Law of Self Defense Seminars that we give all over the country, but from the convenience of your laptop, tablet, or smartphone, and on your own schedule. Click over for more information on our state-specific Law of Self Defense Online Training, and get access to the ~30 minute Section 1. Introduction for free.
Andrew F. Branca is an MA lawyer and the author of the seminal book “The Law of Self Defense, 2nd Edition,” available at the Law of Self Defense blog (autographed copies available) and Amazon.com (paperback and Kindle). He also holds Law of Self Defense Seminars around the country, and provides free online self-defense law video lectures at the Law of Self Defense Institute and podcasts through iTunes, Stitcher, and elsewhere.
bam bam
Once again, you are discredited.
I called for a trial. I seek accountability. I want no one to hang. The officers are entitled to a funding site.
You need to seek a better understanding of mob justice.
Your ‘facts’ have been found to be bogus by respected newspapers.
You are discredited.
@WadeW
Actually, the neck surgery thing is more of an “unconfirmed” story at this point. Supposedly Freddie also had a suit against a taxi company, which I doubt was “lead” related. First, someone has to confirm whether it is the same Freddie Gray, and then what the basis of the suit was. Sooo, the story may end up being bogus.
But, sooo also may the “nickel ride” story be bogus. Which so far, there has been no evidence of such behavior.
This is NOT a res ipse case.
Squeeky Fromm
Girl Reporter
http://legalinsurrection.com/2015/05/freddie-grays-knife-why-is-prosecutor-claiming-unlawful-arrest/
The Criminal Code of Maryland, §4-105, defines a “switchblade knife” as:
(1) a knife or penknife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife.
The way a spring-assisted knife mechanism works is that a spring in the handle of the knife takes over the opening of the blade after the blade has been opened a small amount by pressure applied to the blade by the users fingers. Thus, the statutory definition would arguablly apply to spring-assisted knives.
To understand the difference go here.
http://www.knife-depot.com/knife-information-240.html
In addition, if Gray was on probation (I don’t think that has been determined) tho possession of a knife would likely be a parole violation.
So many layers of unknowns.
BamBam, posting articles that are unsourced IS sloppy. Why would I take anything in an unsourced article as truth or even worthy of consideration? If you don’t like being challenged, that’s your issue, not mine.
Why The Washington Post and The Baltimore Sun would never, ever lie!
How could I be so wrong?
bam bam
The Washington Post and Baltimore Sun have NOT remained silent. They have published the story and found it to be bogus.
Once again, your information is discredited.
Wade
Unlike you, I actually like something called FACTS. I have never said that these officers are innocent of any wrongdoing. I just wish that a more careful and transparent investigation, allowing disclosure of the alleged facts, existed. I don’t believe in mob justice and neither should you. Too bad that you, in all of your great and informed wisdom, have determined that a crime has been committed and that these officers should hang.
Some sense of justice.
bam bam
You spread lies.
The Washington Post, The Baltimore Sun, and snopes all have found the ‘surgery’ story bogus.
Google it.
Your information is discredited.
Squeeky
Great question. Who knows? One thing is for sure: the mainstream media has been silent as to many of these facts or alleged facts. I can’t confirm the veracity of what is being claimed, but the effort to somehow obscure these allegations or address these claims by the news agencies, with access to all of the facts, is troubling.
bam-bam
SOMEBODY on that team made false charges on the ‘switchblade’. That cop deserves to have his career ruined.
SOMEBODY on that team (possibly more than one cop) failed to fasten a seatbelt on a guy who was cuffed and shackled. That/those cops deserve to have a trial.
SOMEBODY may have purposely driven the patrol wagon recklessly. That guy deserves a trial.
SOMEBODY decided to chase Freddie Gray because the guy ran away from him. That guy deserves a big career set back.
Freddie Gray wound up dead. Most here want government accountability. Accountability in this case is a trial.
I wish the Gofund site had remained open. It was shut down. That’s free enterprise for you. Set up another site. I’m sure it will be successful.
bam bam:
Rule. of. law.
@Dev
“Complaint prisoner” should have been “compliant pensioner.” I hate automatic spell checking stuff. 🙂
Squeeky Fromm
Girl Reporter
@bam bam
You cited, “He was set to start a trial in May on drug charges stemming from a December arrest.”
Which, makes me wonder what sort of bond he was out on??? Was he OR’ed??? Was there a drug clause in the bond??? Is that why he ran???
Squeeky Fromm
Girl Reporter