Freddie Gray Arrest Lawful-Knife Likely Illegal
Things are rarely as they seem, as the State Attorney in Baltimore is learning. Instead of waiting for the investigation into the death of Freddie Gray to be completed Marilyn Mosby decided to charge based on a haphazard investigation done by her office and the sheriff’s office. As a result mistakes were made and innocent men may well have been charged with crimes they did not commit.
The attorneys for Edward Nero, one of six officers charged in the arrest and death of Freddie Gray, is taking issue with the charges against him, and he has reason.
Specifically, the suspended officer argues that Gray’s April 12 arrest was warranted because the “spring assisted, one hand operated knife” officers found on Gray is illegal, according to Maryland state law and a Baltimore city ordinance banning knives that open using an automatic spring.
In a motion filed on Monday, Nero’s lawyers call on prosecutor Marilyn Mosby to present the knife so a “careful inspection” can take place, the Guardian reports. Mosby, however, contends the knife is legally “folded in”and goes on to say “evidence we have collected cannot ethically be disclosed, relayed, or released to the public before trial.” She would be mistaken, because if there is a preliminary hearing, or a Grand Jury, and cause is found, the defense is entitled to disclosure and she will have to allow them to look at the evidence.
As to the state law on knives, it bans possession of “a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle,” while the Baltimore ordinance bans “any knife with an automatic spring or other device for opening and/or closing the blade,” per USA Today.
A lawyer not involved in the case tells WBAL that “there is no case” against Nero—who is charged with second-degree assault, misconduct in office, and false imprisonment—if the knife is found to be illegal, because the arrest would have been justified. “We will litigate the issues of the legality of the arrest of Freddie Gray in the courtroom,” a lawyer for Nero says. “I am quite confident Officer Nero will be acquitted.” It’s starting to look more and more like he will be, and, I suspect he won’t be the only one as more evidence comes to light.
… [Trackback]
[…] Read More Infos here: madmikesamerica.com/2015/05/freddie-gray-arrest-lawful-knife-was-illegal/ […]
Mike, it does seem that there may be a problem with this case but it is inaccurate to say that the defense is entitled to discovery before the grand jury has indicted. In fact, it is at the sole discretion of the judge at the preliminary hearing whether discovery must be turned over for the preliminary hearing, depending a specific rules of evidence in Maryland. We fight these battles every day in court. It is surprising how awful these little things like rights are when the shoe is on the other foot is it not.It turns out that the rights are for everyone and not just scum bags, as you call them. It seems to me that there was a rush to justice in this case for each of these officers, especially the one charged with murder. The state is good at playing hide and seek with information and evidence.
After indictment or PH is when defense is entitled to discovery Bill. I thought I put that in my article. I agree that this was a rush to judgment. Time will tell.
The question really is this. Is he fiddling?
I rest my case 😉