Tag Archives: prosecutors

Morning Ethics Warm-Up: 6/24/17

This morning, my mind is occupied by one long-standing ethics issue, and the rest seem trivial in comparison. Let’s warm up by trying to find some way out of this mess.

The ethical problem seems increasingly beyond our ability to solve. Yesterday there was second mistrial in the retrial of Raymond M. Tensing, the former University of Cincinnati police officer who has been charged with the 2015 murder and voluntary manslaughter for fatally shooting Samuel DuBose, an unarmed motorist.  This is the third example of a police officer shooting a black man under questionable circumstances being found short of being criminally responsible in a week:

In St. Paul, police dashboard video showed Officer Jeronimo Yanez shoot into the car where Philando Castile was sitting with his fiancée and her daughter, and acquitted the officer. In that case, the officer appeared to have panicked after Castile reached into his pocket for his wallet after telling the officer, unasked, that he was carrying a firearm. In Milwaukee, jurors acquitted Officer Dominique Heaggan-Brown after watching frame by frame as he shot once at fleeing armed suspect, Sylville K. Smith, then fired a second time after Smith tossed the gun he was holding and lay on the ground. Now, in Cincinnati, jurors couldn’t agree on the proper culpability of Officer Tensing. He stopped  DuBose for a missing license plate, then asked him for his driver’s license. Instead of producing it, DuBose pulled the door closed with his left hand and restarted the car with his right hand. The officer reached into the car with his left arm, yelled “Stop!” twice, and used his right hand to fire his gun directly, into Mr. DuBose’s head, killing him.

What can we say about these scenarios, and many others? Continue reading

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Now THAT’S A Trump Bribe…Wait, Wait, I Mean The APPEARANCE Of An ALLEGED Bribe!

Why is Pam smiling?

Why is Pam smiling?

After his election victory, Donald Trump agreed to pay out $25 million in settlement  of claims against the new defunct Trump University. In September, before the election, the Florida Attorney General’s office had announced that that there were “insufficient grounds” to proceed with a fraud probe of the school. Three years earlier, it had announced that it was considering such a probe in anticipation of legal action against Trump University.

Four days after that threat, Donald Trump’s personal charity illegally donated $25,000 to a political group supporting Florida Attorney General Pam Bondi’s re-election campaign. Bondi personally solicited that donation from Trump just as her office was deciding whether to pursue the Trump U. investigation. (This is almost certainly an prosecutorial ethics violation, as well as being obviously corrupt.) This revelation by the Associated Press emerged during the campaign, and was swamped by all the other Trump controversies at the time.

Yesterday, Trump’s transition team told Bloomberg that Pam Bondi has accepted a job in Trump’s White House. Continue reading

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Marilyn Mosby Secures Her Reputation As One Of The Most Shamelessly Unethical U.S. Prosecutors Of All Time

The other shoe dropped: prosecutors dropped all remaining charges against three Baltimore police officers accused in the arrest and death of Freddie Gray,  following the acquittals of three other officers  by Circuit Judge Barry G. Williams. He was expected to preside over the remaining trials, and, as the Bible says, the writing was on the wall.

Make no mistake: this result was completely and entirely the result of the incompetent, unethical conduct of State’s Attorney Marilyn Mosby, who vaingloriously announced charges against the officers in the immediate wake of rioting in Baltimore, following the dictates of a mob. She did this without sufficient investigation, evidence or, despite the ethical requirements of her office, probable cause. She had the city of Baltimore agree to a large damages settlement for Gray’s family before any of the officers were tried, prejudicing their cases. She spent millions on the prosecutions, and shattered the lives of all six officers, and yet never made a case that justified any of it.

There are more unethical things that a prosecutor can do, and they certainly do them. Some prosecute individuals they know are innocent, which is a bit worse than prosecuting someone who might be guilty because a mob wants blood. Those unethical prosecutors, however, try to cover their tracks. Not Mosby: she’s proud of being unethical, because its the kind of unethical conduct that African-American activists think promotes justice. Justice is when someone pays with their life or liberty if an African American dies, regardless of law or evidence.  That’s the theory, anyway. Continue reading

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Freddie Gray Prosecution Update: A Law Professor Formally Accuses The Unethical Prosecutor Of Being Unethical

finger-pointing

George Washington Law School Professor John F. Banzhaf III has filed an ethics  complaint against State’s Attorney Marilyn Mosby with Maryland’s Attorney Grievance Commission. Banzhaf accuses Mosby in his 10-page complaint of breaching Maryland’s rules of professional conduct for lawyers, which requires that a prosecutor refrain from prosecuting a charge unless it is supported by probable cause, in her conflicted and incompetent prosecution of six police officers involved in the arrest of Freddie Gray. The complaint also flags Mosby’s improper use of public statements to bias the administration of justice.

Good.

Of course he is right, as I have repeatedly explained here, here, here, here, and here. I assume there have been other complaints before this one, but he has made the issue a high profile one, and that’s excellent news.

Mosby has earned the Mike NiFong treatment: the unethical prosecutor in the Duke Lacrosse rape case was disbarred, briefly jailed, and sued. She is black, female, and a Democrat, and NiFong remains one of the very, very few prosecutors to be punished significantly for unethical conduct. I will be amazed if the commission does anything momentous or sufficient to discourage grandstanding prosecutors like Mosby in the future, even though such prosecutors are willing to ruin lives for political gain.

I hope I am wrong.

(But I’m not.)

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It’s Time To Fire And Discipline Marilyn Mosby

Mosby in 2015, ruining lives, pandering to the mob, and undermining justice...

Mosby in 2015, ruining lives, pandering to the mob, and undermining justice…

The third (of six) indicted Baltimore police officer charged in the death of Freddie Gray was acquitted last week, and how the rest of the trials, if they even occur, will play out is now a foregone conclusion. To be fair, this was a forgone conclusion from that moment that Baltimore City Attorney Marilyn Mosby charged the officers a year ago without sufficient justification beyond her own political ambitions, those of her husband (who is now running for mayor), racial bias and a desire to mollify rioters. Most commentators believed the charges were premature, rushed to avoid civic unrest. To say that is really to say that she allowed a mob to dictate to law enforcement. This was unethical, dangerous and despicable then, and remains so today.

If officer Caesar R. Goodson Jr., who drove the police transport van in which Gray suffered the spinal cord injury that killed him, could not be found guilty of intentionally killing Freddie Gray, nobody can. Says the New York Times,

“His acquittal on seven counts leaves the state without any convictions after three trials, in one of the nation’s most closely watched police misconduct cases — and continues to leave open the question of what, exactly, happened to Mr. Gray inside the van….Judge Barry G. Williams, who presided over the Goodson trial, issued the verdicts to a hushed, packed courtroom. He drew no conclusions about exactly when during the van ride Mr. Gray got hurt, saying there were several “equally plausible scenarios.” And he rejected the state’s contention that the officer had given Mr. Gray an intentional “rough ride” and knowingly endangered him by failing to buckle him into the van or provide medical help.” 

The prosecutor isn’t supposed to ruin the lives and careers of presumptively innocent law enforcement officials to try to find out what happened to Freddie Gray. The prosecutor is supposed to investigate until sufficient evidence tells her that a crime was committed, and the she has enough of that evidence to get a legitimate conviction. The three trials have shown that such evidence either doesn’t exist, or was never found. No, we don’t know what killed Freddie Gray, and that’s called “reasonable doubt.” Continue reading

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Remember These Names: The Freddie Gray Not Guilty Verdict Is Exposing Race-Baiters And Mob Justice Supporters

Angry-Mob

As almost every legal analyst without an ideological agenda has pointed out, officer Edward Nero was found not guilty in his trial for alleged crimes related to the death of Freddie Gray because there was no evidence to prove him guilty. The case shouldn’t have been brought at all; the prosecutor was unethical and conflicted.

Most critics of the responsible and just verdict  by the  Judge Barry G. Williams (who is black; did you know that?  Few news media reports pointed that fact out: it doesn’t fit the narrative of white justice failing black victims, I guess) didn’t read it, and don’t appear to care what it says. Judge Williams explained:

“Based on the evidence presented, this court finds that the state has not met its burden to prove beyond a reasonable doubt all required elements of the crimes charged….It was [Officer] Miller who detained Mr. Gray, it was Miller who cuffed Mr. Gray, and it was Miller who walked Mr. Gray over to the area where the defendant met them. When the detention morphed into an arrest, [Officer Nero] was not present…This court does not find that a reasonable officer similarly situated to the defendant, at the point where there are people coming out on the street to observe and comment, would approach the lieutenant who just got out of the van to tell him to seat belt Mr. Gray or make an inquiry concerning the issue of whether or not Mr. Gray has been seat belted. There is no evidence that this was part of his training, and no evidence that a reasonable officer would do the same…The court is not satisfied that the state has shown that [Officer Nero] had a duty to seat belt Mr. Gray, and if there was a duty, that the defendant was aware of the duty.”

Did the officers, including Nero, endanger Gray through negligence? Baltimore has already paid a settlement of millions admitting that, true or not. Criminal convictions require intent. Mediaite legal writer Chris White correctly observes that a conviction based on the prosecution’s case against Nero that it was criminal for him not to intervene in another officer’s conduct  would essentially set a  precedent requiring all police officers to second-guess each other out of fear of being charged with crimes.

Never mind, though. The powerful progressive-black activist-biased news media alliance has determined that Nero should have been convicted, that a racist system is the reason he wasn’t, and that’s all there is to it:

  • Juliet Linderman’s Associated Press story  on Nero’s acquittal on all charges began:  “Prosecutors failed for the second time in their bid to hold Baltimore police accountable for the arrest and death of Freddie Gray.”

Foul. Nero wasn’t held legally accountable because there was no evidence that he was legally or factually accountable. The sentence drips with the assumption that Nero was accountable. As Tom Blumer noted. Linderman’s story also labelled Gray as black and the white officers accused in the case by their race, but omitted racial identification of the judge or the black officers charged. Hmmm...why would she do that? Why would her editors allow her to do that?

  • Whoopie Goldberg, on the IQ-lowering “let’s have ignorant female celebrities weigh in on serious topics” daytime show “The View,” sanctimoniously told an audience shocked at a verdict in a trial it knew nothing about, “This is the world we live in and this is going to happen. We’re going to have to deal with all of this.”

Deal with what, Whoopie? That the justice system still requires evidence before locking people up, even when a white police officer is accused in a black man’s death? Continue reading

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Unethical Quote Of The Week: Baltimore Activist Rev. Wesley West, From The Freddie Gray Ethics Train Wreck

Train Wreck

“I’m angry because this is what we deal with, and when I say ‘we,’ we’re talking about the black community and I’m a part of and represent that community as well, it seems like we have no voice when it comes to these issues. When it comes to conversations like this, we’re not involved. This should have been a jury trial where the community had a voice in this case. Of course a system works in a system’s favor, that’s how I look at it. That judge represents the system, and the police officer represents a system, but they’re all one system working together. And again I don’t think case was actually tried fairly when it comes down the community being involved.”

-Baltimore activist Reverend Wesley West, quoted by CBS news, in the wake of Freddie Gray’s arresting officer, Edward Nero, being found not guilty today of all charges brought against him as a result of Grey’s death following his arrest in April of 2015

The Freddie Grey Ethics Train Wreck, a bi-product of the Ferguson Ethics Train Wreck which was a direct result of the Trayvon Martin-George Zimmerman Ethics Train Wreck, is still rolling, in case you wondered.

This is the second trial of the accused officers to support the conclusion by many independent analysts that charges were brought against six Baltimore officers in the tragedy without sufficient evidence or investigation, in order to quell social unrest and mollify African American activists like West. That made the charges, by City Attorney Marilyn Mosby—whose husband just happened to be preparing a run for mayor, a coincidence, of course— unethical, and a capitulation to government by mob.

West is impugning the justice system despite knowing nothing of the evidence presented or what happened in the events leading to Gray’s death. His contention that “the community” should have a say in a police officer’s guilt or innocence is a direct appeal to mob justice. His statement is also factually false, especially in this instance. The community had far too much influence in the prosecution of Nero and the other officers already, using violence and the threat of more violence to extort the city. Continue reading

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