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| Police handcuff a protester in Baltimore on Wednesday, Sept. 2, 2015, near the city's Inner Harbor. Dozens of protesters marched in the street after rallying at a nearby courthouse, where motion hearings for officers charged in Freddie Gray's death were scheduled. |
BALTIMORE
(AP) -- A Baltimore judge on Wednesday refused to dismiss charges
against six police officers in connection with the death of a black man
from injuries he suffered while in custody. The judge also refused to
remove the prosecutor in the case.
The death
of 25-year-old Freddie Gray - who succumbed to injuries sustained after
his arrest on April 12 - sparked rioting and unrest that shook Baltimore
for days. Protests Wednesday outside the Baltimore courtroom where a
pretrial hearing on the charges took place resulted in just one arrest.
Defense
attorneys failed to persuade Circuit Judge Barry Williams that what
they claimed was prosecutorial misconduct on the part of State's
Attorney Marilyn Mosby was reason enough to drop the charges against the
police officers - which range from second-degree assault to
second-degree murder.
Williams ruled that
while Mosby's public comments regarding initial statements made by the
officers to investigators were "troubling," they were not likely to
prejudice a jury.
Andrew Graham, an attorney
representing Officer Caesar Goodson, unsuccessfully argued that Mosby's
comments after filing charges against the officers were "reckless and
unprofessional," and violated the rules of conduct. He likened Mosby's
comments on the case to a "pep rally calling for payback."
Williams
also ruled against another defense motion, one that sought to have
Mosby removed from the case due to what the defense contended were
conflicts of interest. He called the assertion that Mosby's judgment was
impacted by the fact that her husband Nick Mosby is a councilman in a
district that experienced a disproportionate amount of violence
"troubling and condescending."
"Being married to a councilman is not a reason for recusal," he said.
Williams
added that allegations of prosecutorial misconduct would have to be
addressed by the state Attorney Grievance Commission.
Prosecutors
also told Williams they will put into evidence redacted statements that
the officers made to investigators. Both sides agreed to ask for an
order sealing the statements from public view.
Officers
Edward Nero, Garrett Miller, William Porter and Goodson, as well as Lt.
Brian Rice and Sgt. Alicia White, face charges in Gray's death. They
did not attend the hearing. All six are charged with second-degree
assault, reckless endangerment and misconduct in office. Rice, Porter
and White also face manslaughter charges, and Goodson faces an
additional charge of second-degree murder.
After
hearing arguments about whether the officers should be tried together
or separately, Williams ruled that they would be tried separately.
Defense attorneys had argued their clients' cases would be hurt if they
were tried together.
Graham, Goodson's lawyer,
argued that his client - who faces the most serious charge - would face
a great risk of "spillover effect and transference of guilt."
Prosecutors
wanted to try Goodson, Nero and White together. Prosecutor Jan Bledsoe
argued that evidence to be introduced at trial was relevant to all
three.
Separately, the judge was scheduled to hear Sept. 10 a defense motion for a change of venue.
Dozens
of protesters made their way about six blocks to the Inner Harbor
before the pretrial hearing began. Dozens of officers responded and
cleared protesters from the streets to keep traffic moving at the end of
the morning rush hour.
One person was
arrested. Interim Baltimore Police Commissioner Kevin Davis told WBAL-AM
that a protester "kicked a police officer in the face, and that's
unacceptable." At a press conference later, Davis said the man was
charged with assaulting a police officer, "a couple of counts of
disorderly conduct" and making a false statement.
Police
spokesman T.J. Smith said charges are being filed against the man. He
did not specify what the charges would be. The man was arrested for
blocking the road and ignoring warnings to return to sidewalk, according
to a police news release.
The man arrested was identified by witnesses as Kwame Rose, a well-known local activist.
