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Title: Alan Dershowitz Rips Charges Against Baltimore Cops: 'Sad Day for Justice'
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URL Source: http://www.mediaite.com/tv/alan-der ... more-cops-sad-day-for-justice/
Published: May 1, 2015
Author: Mediate
Post Date: 2015-05-01 20:15:17 by Vinny
Keywords: None
Views: 32303
Comments: 115
Dershowitz lamented that “this is a very sad day for justice” and told Steve Malzberg that Mosby acted out of a “desire to prevent riots.” It will be “virtually impossible,” he predicted, for the six officers involved to get a fair trial. And as for murder charges, Dershowitz said there’s “no plausible, hypothetical, conceivable case for murder” and “this is a show trial.” He predicted that Mosby might get removed as prosecutor and Baltimore citizens may get upset if and/or when they “move to a place with a different demographic.” He concluded that it’s “unlikely they’ll get any convictions in this case” and if they do they’ll likely “be reversed on appeal.” Watch the video below, via Newsmax TV: [image via screengrab] – – 
Alan Dershowitz really went after Baltimore State’s Attorney Marilyn Mosby today for charging the six cops involved in the death of Freddie Gray, saying it was entirely based on politics and “crowd control.”
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#58. To: Vinny (#13)
I'm guessing he was talking about the possibility of the 6 cops being convicted.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
They do,but the black female DA is claiming it's not usable as evidence because the cops had no probable cause to search him. She sounds a HELL of a lot more like a defense attorney than any DA *I* have ever heard of. I'm sure her connections to the Gray family lawyer or the fact that her husband will be running for re-election in the Gray family district has anything to do with that,though. Just a coinkydink.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
With the evidence so far, I agree. That would justify a charge of involuntary manslaughter being brought against the driver. But murder? Now, why were the other 5 charged? With murder, no less?
That's what the early reporting was. I was mistaken though since this prosecutor is now saying it was not a switchblade at all. Of course, this prosecutor is more than a little suspect as a political hack so who knows if she's just making stuff up at this point.
No,she stated it wasn't illegal due to no probable cause for a search. How many suspects did YOU run down and then fail to search for weapons,drugs,or other contraband? But don't worry about her. She will be just fine. In fact,this is the kickoff for her future career as an elected official.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Running away from police is not probable cause to arrest or to search.
That was what she implied on "The Toady Show" this morning,but not exactly what she said. The knife was "legal" if there was no probable cause for the search. That's the horse she is riding.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
I agree. There was and is no excuse for that,and anyone involved in the decision-making process that neglected to get him the care he needed should be hammered over it.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Sure she did. She was hoping he'd plea to a lower charge. The same is being done here. Charge 6 cops with murder, hoping at least one is willing to "flip" on the others and tell a story the prosecutor likes. However, murder is ridiculous. They know it and will be acquitted.
You're right about her ambitions. From street agitator to prosecutor to the House or Senate. The cops go into this with one advantage; she made a change of venue a sure shot.
It is also a stepping stone to a political career for the AA DA. It won't hurt her husband's political career,either.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
I'd never rule out a flip, but even with one it's a difficult case. Yesterday's presentment staved off an immediate riot for one further down the road.
It's a political campaign method/strategy. This gurl won't be a AA DA for long. She's shooting for a spot as an elected AA representative.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Running away from the police causes reasonable suspicion, enough to detain. Once detained, the police may search the suspect for weapons for their safety. They may even handcuff the suspect if circumstances warrant that. But they do need probable cause for an arrest. The knife gave them that. Now, if the knife is legal, he could not be convicted.
Running away from police is not probable cause to arrest or to search. Maybe not,but being caught and detained is. Ever heard of "Officer Safety"? Not to mention the FACT that the cops HAVE to search anyone they are sending off to lockup to make sure they have no weapons,drugs,or other contraband on them before they put them in with the other prisoners.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
How long before we see an actual verdict? 3 years?
IMO it benefits the State to rush the preceding (bury the defense in last minute discovery then hit them with an earl trial date), and they control the calendar. OTOH, if they are looking for a flip (they are) they'll slow things down. All said & done, without a flip, my best guess is within a year.
Before the Presidential election? Ooooh, Hillary ain't gonna like it. She's all in for the victim.
That was what she implied on "The Toady Show" this morning,but not exactly what she said. The knife was "legal" if there was no probable cause for the search. That's the horse she is riding. That is NOT what she "implied"....that is what she said and what the police report confirmed:
Hard to believe they're legal. A switchblade has a button (switch) on the handle. A spring assisted knife has a stud on the blade. Both types are spring loaded and can be quickly opened with one hand.
Shocking you'd use Mosby's words from her presser as evidence the arrest wasn't legal. Would anyone expect her to say anything else? The stop, pursuit & arrest for resisting is by far and away the easiest hurdle for the defense. Let's bookmark this thread and come back to it when the defense rips the charge apart.
I saw this video earlier, along with some others on youtube showing the same thing. It is amazing that the spring loaded can be opened as quickly as the switchblade. Just another case where we have some stupid laws.
Does the prosecutor have to show the arrest was illegal, or do the police have to show the arrest was legal? I am not as familiar with the law and all aspects of this case as you are, but I believe it is the latter....am I wrong? I can easily be convinced with the presentation of anything factual. Please show me how and were the arrest was deemed to be legal. Thank you for doing this.
The burden of proof is on the prosecutor, and she has a high bar "beyond a reasonable doubt." The defense can sit back and do absolutely nothing if they choose to. Actually Zimmerman's attorney considered this strategy after the State presented their "star witnesses" who proved to be a disaster. The arrests will hold because Gray was known to the department (17 priors?) and he was in a drug prone location. When he ran upon approach he set in motion a "reasonable" possibility that he was engaged in criminal activity which green lights a stop/question. Upon apprehension he resisted which is a crime in and of itself.
Police can stop and search you, without arresting you and without requiring a warrant, if they reasonably suspect that you are committing an offence. Source: Police Powers to Search. Edit: I just learned this after looking up information furnished by Vinny:
I should have pinged you to Post #82. It may not have been an illegal arrest....I do not know Maryland law in this regard.
Fleeing from police is not, by itself, illegal in America, and the U.S. Supreme Court has made clear that in safe neighborhoods, people not suspected of criminal activity can ignore a police officer who approaches them, even to the point of walking away. But courts have set a different standard for places where street crime is common, ruling that police can chase, stop and frisk people if their location contributes to a suspicion of criminal activity.
Negative, the racist witch huntress stated right off the bat that the knife was a common ordinary folding knife and was not illegal to possess. You are gonna find that it's the same kind of wrist flicking assisted opening knife that NYPD has been charging as a "gravity knife"... and getting away with it because past case law shows quite a few convictions. I looked up Marylands definition of a switch or gravity knife... and I don't think it can be stretched to fit.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
I am still researching and have now come full circle. The cops charged Freddie Gray with “illegal possession of a switchblade.” It has been confirmed that the knife was not a switchblade. This apparently was the ONLY charge. Unless I can find something else, or can be shown something….I have to go back to my original thought that the sops failed to establish probable cause for his arrest and no crime was committed. It was an illegal arrest. Do you have anything else?
By a judge in a court of law? If not, then your "confirmation" that it's not a switchblade carrys no more weight than the cop's affirmation that it was. But let's say that the cops were in error. Let's say that it was indeed a spring-assisted knife, which is a legal knife. That doesn't make it an "illegal arrest". It means the defendant is not guilty of possessing an illegal knife.
Where are you getting this? The official police report states: “The defendant was arrested without force or incident.”
By a judge in a court of law? By the police officer who recovered the knife. "The knife was recovered by this officer and found to be a spring assisted one hand operated knife."
Okay, what makes it a "legal arrest?"
That is only after the officer attempts the arrest. Running away is not, in itself, probable cause. Sometimes a man who runs in the general vicinity of the police is just a man running. You can only evade arrest once an arrest attempt has begun. It is not cause for a preemptive arrest.
The law should have permitted a folding knife that takes two hands to open. That was the intent of the legislation. Instead, they ban "switchblades", leaving a loophole you can drive a truck through, and permitting gravity/inertia knives and spring-assist knives.
I agree.
None of this leagl crap matters. Only what a jury says will matter. And as we all know juries ALWAYS render fair and impartial verdicts, just as they did in OJ's murder case. Fear not, dse cops will get an uber fair trail in Baltimore. Best start storin yo stash of popcorn now 'cause dis gonna be awl ober damn soon, faster dan yo kin say hey ders a licker store, les loot it.
потому что Бог хочет это тот путь
In this case? If the cop believed the knife was illegal.
In the report you cited, the officer described it as a "switchblade" knife, which is also a spring assisted one hand operated knife. Switchblades are illegal. The arrest was valid. Now, maybe later in a court of law, they will determine that this wasn't technically a "switchblade" but simply a spring assisted one hand operated knife. If so, then the case will be thrown out because that knife is legal. Ever hear the expression, "Tell it to the judge"? That's because the cops don't want to try the case on the street. How many arrests end in convictions? 10%? Does that mean 90% of the arrests were illegal?
It is as you say, the court must decide if the knife was a switchblade or not.
My kind of switchblade:
Comments (99 - 115) not displayed.
Top • Page Up • Full Thread • Page Down • Bottom/LatestAnd why toss conviction into this? We're discussing an arrest and transport.
#59. To: TooConservative (#14)
Supposedly, they do have the switchblade as evidence.
#60. To: GrandIsland (#42)
"Their case is gonna be a "rough ride" caused Gray to be thrown around the inside of the paddy wagon."
#61. To: sneakypete (#59)
They do,but the black female DA is claiming it's not usable as evidence because the cops had no probable cause to search him.
#62. To: GrandIsland (#16)
She stated very clearly that the knife he had was legal.
#63. To: sneakypete (#55)
If he ran,there is no way in hell they did not have justification for a search.
#64. To: Gatlin (#17)
"The knife was not a switchblade, and it is lawful," Mosby said Friday
#65. To: GrandIsland (#23)
they failed to get him medical attention in a reasonable time... and they violated policy by not seat belting his ass into that paddy wagon.
#66. To: Vinny (#48)
"He thought she overcharged, which she did."
#67. To: sneakypete (#62)
But don't worry about her. She will be just fine. In fact,this is the kickoff for her future career as an elected official.
#68. To: Vinny (#44)
This case is a rush to judgement.
#69. To: misterwhite (#66)
However, murder is ridiculous. They know it and will be acquitted.
#70. To: TooConservative (#50)
It's almost like the prosecutors are overcharging, knowing they'll get an acquittal but they can pander to the mobs for the duration.
#71. To: TooConservative (#63)
"Running away from police is not probable cause to arrest or to search."
#72. To: TooConservative (#63)
If he ran,there is no way in hell they did not have justification for a search.
#73. To: Vinny (#69)
"Yesterday's presentment staved off an immediate riot for one further down the road."
#74. To: misterwhite (#73)
#75. To: Vinny (#74)
"All said & done, without a flip, my best guess is within a year."
#76. To: sneakypete, GrandIsland (#64)
(Edited)
"The knife was not a switchblade, and it is lawful," Mosby said Friday
While news reports have described the knife Gray was carrying as a "switchblade," the actual police report (see charging documents at bottom of page) describes it as a "spring assisted, one hand opening knife," which has become among the most common on the market in recent years. (Update 5/1/14: At a news conference announcing that six police officers were being charged in Gray's death, state's attorney for Baltimore Marilyn J. Mosby confirmed that the knife was indeed "not a switchblade and is lawful under Maryland law.") source
The cops apparently had no reason to arrest him:Baltimore police officers had no reason to arrest 25- year-old Freddie Gray in the first place, Baltimore's chief prosecutor, Marilyn J. Mosby, announced at a news conference Friday morning.
It looks like she is correct.
#77. To: Gatlin (#76)
"describes it as a "spring assisted, one hand opening knife"
#78. To: Gatlin (#76)
#79. To: misterwhite (#77)
#80. To: Vinny (#78)
Sidebar Info: Your Right of Defense Against Unlawful Arrest.
#81. To: Gatlin (#80)
#82. To: TooConservative, sneakypete (#72)
(Edited)
Running away from police is not probable cause to arrest or to search.
Some states have specific laws against evading arrest on foot. Other states have a general law that prohibits obstructing justice or resisting arrest, which includes running away from an officer (as well as other behavior). Evading arrest on foot (sometimes called flight) is committed by knowingly running away from an officer to escape capture, detention, or arrest. Source.
#83. To: Vinny (#81)
(Edited)
#84. To: TooConservative, sneakypete, Vinny (#83)
#85. To: sneakypete (#56)
saying the knife wasn't illegal because the cops didn't have probable cause to search
#86. To: Vinny (#84)
(Edited)
#87. To: Gatlin (#86)
"It has been confirmed that the knife was not a switchblade."
#88. To: Vinny (#81)
Upon apprehension he resisted which is a crime in and of itself.
#89. To: misterwhite (#87)
"It has been confirmed that the knife was not a switchblade."
#90. To: misterwhite (#87)
That doesn't make it an "illegal arrest".
#91. To: Gatlin (#82)
Some states have specific laws against evading arrest on foot. Other states have a general law that prohibits obstructing justice or resisting arrest, which includes running away from an officer (as well as other behavior). Evading arrest on foot (sometimes called flight) is committed by knowingly running away from an officer to escape capture, detention, or arrest.
#92. To: Gatlin (#79)
"Just another case where we have some stupid laws."
#93. To: TooConservative (#91)
#94. To: All (#0)
#95. To: Gatlin (#90)
"Okay, what makes it a "legal arrest?"
#96. To: Gatlin (#89)
"The knife was recovered by this officer and found to be a spring assisted one hand operated knife."
#97. To: misterwhite (#96)
Now, maybe later in a court of law, they will determine that this wasn't technically a "switchblade" but simply a spring assisted one hand operated knife.
#98. To: misterwhite (#96)
The Super Talent CSB – SwitchBlade is a USB drive featuring a switchblade-type enclosure. With the push a button, the spring-loaded USB drive snaps out. Available in sizes between 2GB and 16GB, the SwitchBlade utilizes durable, solid-state storage to ensure data retention for up to 10 years.
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