Baltimore prosecutor was elected - Attorney General Loretta Lynch has her back

Let's get this indictment right! It's the Baltimore Police Department that had Freddie Gay in custody when he suffered a fatal injury. Clearly, City Prosecutor Marilyn Mosby can't be removed from the case because she's elected. Moreover, she's not on trail.

"Maryland Gov. Larry Hogan said the federal investigation was 'probably a step in the right direction'."

Not surprising, the Baltimore Police Department is enraged about how the City prosecutor Marilyn Mosby publicly indicted six officers who were implicated in the death of Freddie Gray, after he was arrested on April 12, without probable cause.

Nevertheless, the Baltimore Police Department hasn't tried to explain how Freddie Gray was alive when he was taken into custody, for apparently possessing a knife, but was essentially dead, with a broken neck, when they took him out of their van.

Now, as a result of the indictments, the Baltimore Police Department wants Marilyn Mosby to be removed as the prosecutor in the case. It's unclear how she can be removed, when her position is elected by Baltimore City voters.

Meanwhile, after Marilyn Mosby announced the indictments, the dangerous riots that were spreading throughout Baltimore City came to an end. How ironic! The riots ended just in time for the running of the world class Preakness horse race, the second event in the Triple Crown series. In fact, Maryland's Governor Larry Hogan should be sending Ms. Mosby a bouquet of Mothers Day roses for bringing the riots to an end, with the police indictments.  

Apparently, Ms. Mosby was the only city leader who seemed to hear the rally of "No justice, no peace".  Obviously, the Baltimore Police Department didn't understand how the riots would spread, unless somebody in Maryland took action. As a result of Ms. Mosby's actions, the Woodlawn Trophy can be proudly presented by Governor Hogan to the Preakness winner. Although the Governor will be smiling for the television cameras, the fact is, he wouldn't look so happy, unless Ms. Mosby  had calmed the rioting crowds, who were uncontrollably irate about Freddie Gray's death.


Thankfully, just when the Baltimore Police Department thought they might have intimidated the prosecutor Mosby, it seems the newly appointed US Attorney General Loretta Lynch has backed her actions up, at least in the investigative sense.  

Here's how Baltimore WBAL reports the investigation:

Justice Department to investigate Baltimore Police Department

The Baltimore City's Democratic mayor Stephanie Rawlings-Blake says she'll accept outside intervention to rebuild public trust in a city torn by riots over the death of Freddie Gray, a black man who suffered a fatal spinal injury while in police custody.

In calling for the Department of Justice (DOJ) investigation, Rawlings-Blake touted policing reforms she has been trying to make, but admitted they are not enough.

"I am asking the Department of Justice to investigate if our Police Department has engaged in a pattern or practice of stops, searches or arrests that violate the Fourth Amendment," Rawlings-Blake said.

Her request came a day after newAttorney General Loretta Lynch visited the city, 10 days after the city was marred by riots and three-and-a-half weeks after Freddie Gray was injured in police custody. The mayor says Lynch understands the urgency of her request.

"I believe the process can help repair the public's trust in the Baltimore Police Department -- even where that trust has long been broken -- by bringing about transparency, accountability and greater community understanding," Rawlings-Blake wrote in a letter to Lynch.

According to the DOJ, if the attorney general opens an investigation into the Baltimore Police Department, it would focus on seeking out any persistent patterns of misconduct, focusing on such areas as excessive force, discriminatory policing and improper stops, searches or arrests.

The DOJ released a statement shortly after the mayor's announcement, saying: "The Attorney General has received Mayor Rawlings-Blake’s request for a Civil Rights Division 'pattern or practice' investigation into the Baltimore Police Department. The Attorney General is actively considering that option in light of what she heard from law enforcement, city officials, and community, faith and youth leaders in Baltimore yesterday."

At the White House, spokesman Josh Earnest said investigating would be up to Lynch. She is "certainly eminently qualified to make this decision" as a former federal prosecutor.

"She has a very good understanding of the way that those law enforcement and prosecutorial enterprises should conduct themselves," he said.

Maryland Gov. Larry Hogan said the federal investigation was "probably a step in the right direction."

Rep. Elijah Cummings, D-District 7, applauded the mayor's request.

"Let's not kid ourselves. This is a transformative moment, or it should be, but in order to transform the Police Department, we have to have thorough and complete information, and I think it has to be done by an independent body like Department Of Justice," he said.

Police react to mayor's request:

Baltimore City Police Commissioner Anthony Batts released a statement Thursday, saying: "We continue the work of bringing reform to every level of the Baltimore Police Department, a process we started more than two years ago. 

The Baltimore Police Department brought in new, talented and bright leaders. Experts in Internal Affairs, Equal Opportunity and training led the structural reforms of the department. A new Command Staff was put in place, chosen in part by community leaders to reflect their values. The way officers were trained, the equipment provided to them, the administrative policies and procedures (responded), outdated and antiquated systems were updated. Those were just a few of the things that were part of the transformative process. Even going so far as to change the schedule the officers worked to improve morale. There were tangible, empirical results that showed how the organization was fundamentally headed in a new direction. At the end of 2014, a 54 percent reduction in discourtesy complaints was documented, more than 40 percent reduction in excessive force complaints and a dramatic drop in lawsuits."

Nevertheless, the people have to remember that police officers are entitled to the same civil rights and due process as anyone else.

Justice Department probe under way into Gray case
Baltimore saw days of unrest after Freddie Gray was taken into custody and suffered critical injuries. He died a week later (I submit he was essentially alreaddy dead long before he was declared). 

The Justice Department is already investigating whether Freddie Gray's civil rights were violated, and it has been doing a review of some city policies since last fall, but a full-scale civil rights investigation is far more sweeping. 

Six officers are charged in Gray's arrest and death.

"I am willing to do what it takes to reform my department," Rawlings-Blake said. "At no time in our recent history has any administration brought this level of resources to reform our Police Department."

For 15 years, the Baltimore City Police Department engaged in zero-tolerance policing, sparking complaints and lawsuits. Rawlings-Blake has tried to get police to dial back the strategy.

Arrests have dropped from 110,167 in 2003 to 50,429 in 2013. 

But the types of arrests continue to be a flashpoint and a key element in the case of Gray. If they go forward, federal investigators will examine the reasons police use to take someone into custody.

The Baltimore City Police Department has been known to use arrest numbers as a measure of police performance. 
CNN reports that the Baltimore community lacks trust in law enforcement and that police must acknowledge that "we are part of the problem."

Attorney General Loretta Lynch has appeared to support prosecutor Mosby in her assessment of the harsh Baltimore police tactics. It seems like the Baltimore Police position must accommodate the DOJ investigation, rather than waste energy trying to remove Mosby as the prosecutor.

President Obama spoke about growing up without a father - he was at risk for the litany

Freddie Gray of Baltimore is the latest in the litany of police related killings.  He's among the partial list of victims, including Trayvon Martin, in Florida, Eric Garner in Staten Island New York, Michael Brown in St. Louis MO & Tamir Rice in Cleveland, a child who was only 12 years old who was shot by a police officer while he was carrying a water pistol. Freddie Gray lived in a section of Baltimore where boys routinely grow up without fathers. These groups of fatherless young men learn survival skills from one another on the streets, but they don't benefit from having a father in their family. Although many father's fall short of being good providers and role models, the absence of a strong male mentor contributes to the youths thinking there are no authority figures in their world.

By the Grace of God, there was a risk of Barack Obama having the same exposure to police violence.  He spoke about growing up without a father many times, including in an excellent Q & A reported in October 2007, in The New York Times.

Obama talks about growing up without a father  by Jeff Zeleny

WASHINGTON, Iowa – By now, the stump speeches delivered by presidential candidates have become routine, at least to many of the politically inclined voters of Iowa and New Hampshire. 

So the most interesting moments at campaign appearances often are inspired from those seated in the audience.

Near the end of a stop here today, Senator Barack Obama was asked this question from a man seated in the crowd at the Washington County fairgrounds: “What would you say is the most painful and character-building experience of your life that puts you in a position to make important decisions of life and death and the well being of our country?”

For a moment or two, Mr. Obama paused. It was far different from the string of questions posed on policies and issues. Finally, he said: “It’s a terrific question.”

And here, in its entirety, is his answer:
“I would say the fact that I grew up without a father in the home. What that meant was that I had to learn very early on to figure out what was important and what wasn’t, and exercise my own judgment and in some ways to raise myself.

My mother was wonderful and was a foundation of love for me, but as a young man growing up, I didn’t have a lot of role models and I made a lot of mistakes, but I learned to figure out that there are certain values that were important to me that I had to be true to.

Nobody was going to force me to be honest. Nobody was going to force me to work hard. Nobody was going to force me to have drive and ambition. Nobody was going to force me to have empathy for other people. But if I really thought those values were important, I had to live them out.

That’s why it’s so important for me now, both as a United States senator and as a president candidate, but also as a father and a husband to wake up every morning and ask myself, am I living up to those values that I say are important? Because if I’m not, then I shouldn’t be president.”

President Obama made a choice to be something other than a young man without a father.  He chose to become motivated and ambitious. I believe all humans have this same capacity to better themselves. Nevertheless, President Obama also had a strong male presence in his home, it was his veteran grandfather.  Inner city  youths need similar guidance and leadership but generations have grown up without this help. Something must be done soon, because, society has already seen the consequences of inaction.

Alan Dershowitz must need work - rush to judgement defending BPD

Can't imagine the vocal attorney Alan Dershowitz being desperate for publicity or clients. Why would he take advantage of opportunistic advertising, on televioins, rushing to judgement about the Baltimore City Attorney Marilyn Mosby's indictment of six Baltimore Police Department officers, who clearly were involved in the death of the innocent victim, Freddie Gray? 

Six Baltimore police officers, charged with the crimes resulting in the unlawful arrest and death of Freddie Gray, were involved in the deadly incident. In fact, the victim Freddie Gray was alive when he entered the BPD van and, essentially, he was dead when he left it. 

Although Freddie Gray was taken to the University of Maryland Trauma Center, probably one of the best of its kind in the nation, the fact is, nothing would save Freddie Gray. 

Unfortunately, with a severed spine, he was likely dead on arrival. Freddie Gray did not deserve to die as a result of injuries he received while he was in police custody.

In fact, a valid question to ask is how much money the City of Baltimore will pay (or, more likely, the U of M Trauma Center will eat in losses) to keep Freddie Gray alive, especially because he was essentially dead when he arrived.

High profile legal watchers are likely familiar with the Dershowitz style, where he pontificates about certain trials. 

Frankly, I have no idea if Dershowitz was on the winning or loosing side with any of his punditry.  I do know he talked a lot.

On the other hand, it's a fact that Mr. Dershowitz wasn't present during the BPD transport of Freddie Gray.

Moreover, it's a fact that Mr. Freddie Gray was alive when he went into the Baltimore PD van and mortally wounded with injuries that caused his death, when he left the transport.

It's incredulous that an experienced lawyer like Alan Dershowitz acts like he's oblivious of those two facts.  

Now, Dershowitz calls into question the integrity of a young Baltimore City Attorney Marilyn Mosby, claiming she rushed to judgement with indictments of the six officers, who were responsible for Freddie Gray when he was in their police custody.

In my opinion, Mr. Dershowitz is the person who rushed to judgement in his criticism of Marilyn Mosby.  

Possibly, Mr. Dershowitz wants to represent this police case to capstone his legal legacy. It doesn't take a lawyer to realize how the charges filed against the six Baltimore police officers will likely be plea bargained into something other than their original charges. Frankly, even I could defend the six officers against the worst of the charges they're facing. But, defending all of the officers against all of the charges they're facing will be very difficult. It's doubtful the six defendants will be found innocent of all charges. More likely, the six defendants will receive suspended sentences for many of the charges. Nevertheless, they will all loose their jobs; and that's the ultimate point.

Six Baltimore Police who had Freddie Gray in their custody.

Their mug shots.