General Discussion
In reply to the discussion: Freddie Gray officers suing prosecutor Marilyn Mosby [View all]Uponthegears
(1,499 posts)the focus always remains on the race of the victim, not the race of the individual who participates in the racist system.
What the prosecution had pretty much uncontested circumstantial evidence, e.g., rendering Gray unable to defend himself (via the restraints in which he was placed), failing to secure him in a dangerous container, then driving in an erratic manner. Based upon that evidence it asked the trier of fact to make the inference (what you call "guess"
that the elements of the crime had been met. This is not particularly unusual in criminal cases.
The judge, as could have been predicted (you don't get onto the federal bench if you believe that the criminal justice system intentionally targets people of color), declined to make the inferences.
That is privilege.