Another day, another officer acquitted in the death of an unarmed black man

[Digital Puppy]

This is an analysis from a Morehouse brother of mine. I thought that he had some very good points that explains the frustration of many of us when it comes to viewing and experiencing these cases. It's not just about another Black person being murdered, it's the knowledge-through-experience that there will be no ramifications for vast majority of the identified perpetrators of these crimes.

...count me among those not surprised that Baltimore Circuit Judge Barry G. Williams acquitted Officer Edward M. Nero. Last year, when Baltimore State’s Attorney Marilyn Mosby announced charges against six officers for offenses ranging from second degree murder to official misconduct, famed Harvard Constitutional Law Professor Alan Dershowitz, a member of the OJ Simpson “Dream Team” back in the 90s, called the charging decision “a very sad day for justice.”

Dershowitz added that “(prosecutors) overplayed their hand, it’s unlikely they’ll get any convictions in this case…and will just postpone the riots for months ahead.”

Was Prof. Dershowitz clairvoyant in his predictions, what with a hung jury in Officer William Porter’s case last December and now Nero’s acquittal? Perhaps, but the heart of the matter is that police officers receive a greater benefit of the doubt in their actions from juries and judges than regular citizens ever will.

On days in which yet another police officer or vigilante is acquitted for killing another black man, woman or child, I am reminded of the sage words of the late James Baldwin:

"To be a Negro in this country and to be relatively conscious is to be in a rage almost all the time."

{snip}

As many judges on the trial court level, like Judge Williams, are subject to popular election, few are willing to render verdicts that could be construed as being soft on crime in a contested judicial race. Because of that, when I see social media friends calling Judge Williams, who is black, a “sellout” and worse on social media, the activist in me feels the frustration that comes with the realization that even having a “Brother” on the bench does not guarantee that justice will be served for the family of Freddie Gray.

But even more frustrating for the lawyer in me is Judge Williams’s seemingly illogical ruling, one in which by declaring that Nero was not guilty, he opines that “The state’s theory has been one of recklessness and negligence…there has been no evidence that the defendant intended for a crime to occur.”

My major beef with the judge’s decision is that in court’s across America, a defendant’s intent in a case where “reckless” behavior is contemplated includes variations of the Black’s Law Dictionary definition of reckless which is: “careless or indifferent to the welfare of others.”

Similarly, the Black’s Law definition of “negligence” is: the “omission to do something that a reasonable and prudent person would do.” From those very definitions alone, that Nero did not intend for Gray to die is far less relevant than what careless, indifferent, or imprudent acts that he committed or omitted that led to Gray’s death. Surely the judge knows this, too, but I find his unwillingness to stick to the letter of the law in this highly politicized case disturbing and utterly disappointing.

Most Americans, but especially trial lawyers, know full well that police officers are rarely held to account for acts and omissions that the majority of us would be convicted for if we committed them.

Let John or Jane Q. Citizen chase an unarmed man down for no legitimate reason, as officers did Gray; let the victim hurt his back or have an asthma attack in the process; let John or Jane throw the victim in the car or truck and ride him around bouncing for an hour or more — offering no medical assistance; let him die in their custody or control. I am convinced that John and Jane Q Citizen would be convicted during a jury or bench trial and sentenced to prison by a judge. Thus my frustration at what appears to be yet another miscarriage of justice in America. Thus our continuing cries of “No Justice, No peace!”

More at the link: http://thegrio.com/2016/05/23/freddie-gray-officer-acquitted-death/

[still_one]

1. This is outrageous. Enough is enough. I don't know if civil rights violations can be filed against

the police in these cases, but something MUST be done.

The most revealing point in the article referenced was the following:

"police officers receive a greater benefit of the doubt in their actions from juries and judges than regular citizens ever will."

and that is simply wrong

[JustAnotherGen]

2. What was Cornel West's reaction?

Ahhhh - he can't make money off of it or add to his name recognition so he doesn't care.

But you do - so you matter more!

[Digital Puppy]

3. Hehe...JAG, you are bad!

....and right! Honestly, we need to make sure we understand where these decisions are coming from. In this case, "The Man" happens to be an elected AA judge who is ultimately worried about getting re-elected and his relationship with the police and prosecutors of that city.

[JustAnotherGen]

4. Sorry - he just such a 'force' for justice you know?

On a serious note though -

He's so worried about getting re-elected - he forgot there are a lot more 'of the people and by the people' than there are the abusers.

Shame on him.

[brer cat]

5. I rec this post, JAG.

He should be worried about his chances for reelection NOW not before he made that ruling.

[Number23]

6. There were three white cops and three black cops charged. I am fighting -- HARD -- the cynic in me

that says that justice will most definitely be served to those black cops and them alone.

Similarly, the Black’s Law definition of “negligence” is: the “omission to do something that a reasonable and prudent person would do.” From those very definitions alone, that Nero did not intend for Gray to die is far less relevant than what careless, indifferent, or imprudent acts that he committed or omitted that led to Gray’s death. Surely the judge knows this, too, but I find his unwillingness to stick to the letter of the law in this highly politicized case disturbing and utterly disappointing.

Me too.