Malicious Prosecution
- Thread starter tblwdc
- Start date
If you read Judge Williams decision, he simply said that the state failed to prove all elements of the charged crimes beyond a reasonable doubt. While I fully agree that this was a malicious prosecution, I doubt that the elements of that crime could be proven in this case. The SA also has the grand jury to hide behind.
kwillia
n/a
When a person's neck breaks from his head banging against protruding metal in the back of a police paddy wagon it is logical and reasonable to hold a trial to determine if one or more of the police responsible for cuffing him and placing him in the back without securing him were criminally negligent.
In the case of the arresting officer the verdict was not guilty because their was no evidence found where he directly contributed to Freddie's death. The mitigating circumstances and level of involvement with the fatal ride will be different for each officer. One or more being found not-guilty does not imply that all are not guilty. The trials must go on.
In the case of the arresting officer the verdict was not guilty because their was no evidence found where he directly contributed to Freddie's death. The mitigating circumstances and level of involvement with the fatal ride will be different for each officer. One or more being found not-guilty does not imply that all are not guilty. The trials must go on.
Two things wrong. First, malicious prosecution is a civil matter and not a criminal one, therefore there are no "elements" of the crime. Second, they charged first in district court (no grand jury) then filed a criminal information (again, no grand jury) to bring the case to circuit court.
I agree. The problem is that he never was the arresting officer. At no time did anyone ever say he was. They charged him with second degree assault. There was never any basis for that charge.
Which is why the trial was useless. The trial was an act to appease the mob.
Midnightrider
Well-Known Member
not to mention that people get charge and tried all the time and are ultimately found innocent. that does not mean the prosecution was malicious, it just means the case was not proven.
This isn't just about someone being tried and acquitted. This is about a person who the prosecution NEVER had any evidence that he committed a crime, but charged him because it was politically advantages to do so. People also sue and win for malicious prosecution all the time.
Do you believe this prosecution was not malicious?
Exactly.
Midnightrider
Well-Known Member
not any more malicious than the multitudes of other crimes that get prosecuted everyday with no evidence. The fact of the matter is that a guy died in police custody, it is not unreasonable for the officers to face the music over it.
What exactly is it that Officer Nero did that he should face the music over?
Marilyn Mosby and Stephanie Blake both need to be removed from their office, if not jailed. They are a disgrace to Baltimore, and a disgrace to Black people in general. If some white mayor and AttyGen had done what they have done for their race mates, the screaming would be deafening.
They are both race whores and an embarrassment.
They are both race whores and an embarrassment.
KevinSully
New Member
It is my opinion that the burden of proof for a malicious prosecution action against a sitting prosecutor is quite high, but I believe this case might have some merit as the prosecution is required to determine proprietorial merit of each case. Based on all we have heard in Nero's case, just Nero's case, it doesn't seem they did that.
Chris0nllyn
Well-Known Member
This.
Personally, I think they should both fail at their obviously political and social justice crusade. But I think we all know what will happen.
They won't be blamed. They won't be ridiculed (by the residents who elected these two Wendy Williams Show rejects). But the "system" and police will be blamed.
Ah the sound of silence. It's easy to say that the cop needs to "face the music"......a little more difficult to come up with what he did wrong to face the music.
Megyn Kelly had some black activist person on last night and she asked him just that: What did Nero do wrong? He wouldn't answer, he just kept saying that a man died, someone needs to be held responsible, blah blah blah. She kept trying to get him back on track, but he wouldn't budge from the script.
These people are so ignorant they take my breath away. And it's not just black dumbasses, but their white dumbass compatriots as well.
Midnightrider
Well-Known Member
I never said he did anything wrong, the prosecution did....
http://www.upi.com/Top_News/US/2016...-charges-in-Freddie-Gray-death/8761464011528/
However, i think arresting someone without cause should be enough to have to face the music.
Chris0nllyn
Well-Known Member
Except, in this case, Officer Williams testified that he alone arrested Gray.
Since Officer Miller acted alone, Nero did not detain or arrest Gray without probable cause (or at all).
http://www.baltocts.state.md.us/hig...tal/nero/docs/nerotranscriptverdict052316.pdf
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Midnightrider
Well-Known Member
that is the story he told at trial with the benefit of immunity. In any case, i think it is reasonable for there to have been a trial, and the result was reasonable considering the evidence.
Chris0nllyn
Well-Known Member
Mosby should have known (and probably did) the role Nero played in the arrest of Gray. It should have never went to trial based on the judge's ruling.