Baltimore • 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 April 12 — sparked protests, rioting and unrest that shook Baltimore for days. A demonstration Wednesday outside the Baltimore courtroom where a pretrial hearing on the charges took place attracted dozens, and resulted in one arrest.
Defense attorneys failed to convince 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 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 introduced two pieces of evidence on Wednesday: a police communication recorder of White's dispatches on the day Gray was arrested, and the redacted statements White, Nero, Miller and Porter gave investigators. Goodson did not make a statement, and Rice's attorney objected to any redaction. Those materials were placed under seal.
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, though they did not appear in court Wednesday.
All six are charged with second-degree assault, reckless endangerment and misconduct in office. Rice, Porter and White also face manslaughter charges, while Goodson faces an additional charge of second-degree "depraved-heart" murder.
After hearing arguments about whether the officers should be tried together or separately, Williams determined that each officer should get his or her own trial, siding with defense attorneys who argued that their clients would be prejudiced if their cases were joined.
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."
Protesters gather outside Baltimore Circuit Court, as the first court hearing was set to begin in the case of six police officers criminally charged in the death of Freddie Gray, on Wednesday, Sept. 2, 2015 in Baltimore. Six police officers face charges that range from second-degree assault, a misdemeanor, to second-degree "depraved-heart" murder. (Lloyd Fox/The Baltimore Sun via AP) WASHINGTON EXAMINER OUT; MANDATORY CREDIT
Protesters gather outside Baltimore Circuit Court, as the first court hearing was set to begin in the case of six police officers criminally charged in the death of Freddie Gray, on Wednesday, Sept. 2, 2015 in Baltimore. Six police officers face charges that range from second-degree assault, a misdemeanor, to second-degree "depraved-heart" murder. (Kim Hairston/The Baltimore Sun via AP) WASHINGTON EXAMINER OUT; MANDATORY CREDIT (
Protesters gather outside Baltimore Circuit Court, as the first court hearing was set to begin in the case of six police officers criminally charged in the death of Freddie Gray, on Wednesday, Sept. 2, 2015 in Baltimore. Six police officers face charges that range from second-degree assault, a misdemeanor, to second-degree "depraved-heart" murder. (Lloyd Fox/The Baltimore Sun via AP) WASHINGTON EXAMINER OUT; MANDATORY CREDIT
Baltimore police officers form a line at the Inner Harbor on Pratt Street as protestors gathered, blocking traffic, Wednesday, Sept. 2, 2015 in Baltimore, as the first court hearing was set to begin in the case of six police officers criminally charged in the death of Freddie Gray. Six police officers face charges that range from second-degree assault, a misdemeanor, to second-degree "depraved-heart" murder. (Lloyd Fox/The Baltimore Sun via AP) WASHINGTON EXAMINER OUT; MANDATORY CREDIT
Pastor Westley West, from Faith Empowered Ministries, leads protesters as they march towards Pratt Street and the Inner Harbor, Wednesday, Sept. 2, 2015, in Baltimore, as the first court hearing was set to begin in the case of six police officers criminally charged in the death of Freddie Gray. Six police officers face charges that range from second-degree assault, a misdemeanor, to second-degree "depraved-heart" murder. (Lloyd Fox/The Baltimore Sun via AP) WASHINGTON EXAMINER OUT; MANDATORY CREDIT
Baltimore Police try to control an angry protesters while detaining activist Kwame Rose as demonstrators marched to Pratt Street and the Inner Harbor, Wednesday, Sept. 2, 2015, in Baltimore, as the first court hearing was set to begin in the case of six police officers criminally charged in the death of Freddie Gray. Six police officers face charges that range from second-degree assault, a misdemeanor, to second-degree "depraved-heart" murder. (Lloyd Fox/The Baltimore Sun via AP) WASHINGTON EXAMINER OUT; MANDATORY CREDIT
9/2/15 Baltimore, Md. Protesters gather at the court house prior to the hearing. The first motions hearing in the Freddie Gray case will be held at 9:30 a.m. in Baltimore Circuit Court on Sept. 2. (Lloyd Fox/Baltimore Sun via AP) WASHINGTON EXAMINER OUT; MANDATORY CREDIT
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. (AP Photo/Brian Witte)
Protesters gather at the court house prior to the first first court hearing Wednesday, Sept. 2, 2015, for six Baltimore police officers who are charged in the death of Freddie Gray, a black man who died a week after suffering a critical spine injury in custody (Lloyd Fox/Baltimore Sun via AP) WASHINGTON EXAMINER OUT; MANDATORY CREDIT
