#blacklivesmatter

[Skjellyfetti]

One thing is for sure-

I certainly hope this DA has more evidence than just "failure to restrain with seatbelt"

Otherwise Baltimore is going to burn when they are all acquitted of what will surely be an aggressive criminal charge of murder. Obviously political prosecutors have not learned the Trayvon lesson

It's "depraved heart murder" - which, I honestly hadn't heard of before yesterday.

"A depraved heart murder is often described as a wanton and willful killing. The term 'depraved heart' means something more than conduct amounting to a high or unreasonable risk to human life. The perpetrator must [or reasonably should] realize the risk his behavior has created to the extent that his conduct may be termed willful. Moreover, the conduct must contain an element of viciousness or contemptuous disregard for the value of human life which conduct characterizes that behavior as wanton.'"

So far the prosecution hasn't been leaking information - only the police. So, much of the info out there is very one sided (and, possibly false, inadmissible, etc.).

The fact that it is a very specific charge makes it seem that they probably have more information than we do (shock, I know). When did they know what condition he was in? They drove around for 45 minutes and made 4 stops. When was his vocal box crushed? During arrest or in the van?

[CID1990]

One thing is for sure-

I certainly hope this DA has more evidence than just "failure to restrain with seatbelt"

Otherwise Baltimore is going to burn when they are all acquitted of what will surely be an aggressive criminal charge of murder. Obviously political prosecutors have not learned the Trayvon lesson

It's "depraved heart murder" - which, I honestly hadn't heard of before yesterday.

"A depraved heart murder is often described as a wanton and willful killing. The term 'depraved heart' means something more than conduct amounting to a high or unreasonable risk to human life. The perpetrator must [or reasonably should] realize the risk his behavior has created to the extent that his conduct may be termed willful. Moreover, the conduct must contain an element of viciousness or contemptuous disregard for the value of human life which conduct characterizes that behavior as wanton.'"

So far the prosecution hasn't been leaking information - only the police. So, much of the info out there is very one sided (and, possibly false, inadmissible, etc.).

The fact that it is a very specific charge makes it seem that they probably have more information than we do (shock, I know). When did they know what condition he was in? They drove around for 45 minutes and made 4 stops. When was his vocal box crushed? During arrest or in the van?

I see that "depraved heart murder" has an element of intent.

This DA has already bitten off more than she can chew. She will not get a conviction on that. If she had gone with ANY of the myriad laws against manslaughter that do not carry the element of intent then she might get a conviction.

So yeah- she really had better have some evidence we arent privy to. Otherwise shes toast

[tribe_pride]

It's "depraved heart murder" - which, I honestly hadn't heard of before yesterday.



So far the prosecution hasn't been leaking information - only the police. So, much of the info out there is very one sided (and, possibly false, inadmissible, etc.).

The fact that it is a very specific charge makes it seem that they probably have more information than we do (shock, I know). When did they know what condition he was in? They drove around for 45 minutes and made 4 stops. When was his vocal box crushed? During arrest or in the van?

I see that "depraved heart murder" has an element of intent.

This DA has already bitten off more than she can chew. She will not get a conviction on that. If she had gone with ANY of the myriad laws against manslaughter that do not carry the element of intent then she might get a conviction.

So yeah- she really had better have some evidence we arent privy to. Otherwise shes toast

Depraved heart is one of 6 charges against that officer. Here are the charges against the officer.

1) Second degree depraved heart murder (30 yrs.)
2) Manslaughter (involuntary) (10 yrs.)
3) Assault/second degree (10 yrs.)
4) Manslaughter by vehicle (gross negligence) (10 yrs.)
5) Manslaughter by vehicle (criminal negligence) (3 yrs.)
6) Misconduct in office (8th Amendment* )

If she can't get the murder, there are others that she may get without the intent.

[93henfan]

Maybe the throttle stuck in the van?

[AZGrizFan]

I see that "depraved heart murder" has an element of intent.

This DA has already bitten off more than she can chew. She will not get a conviction on that. If she had gone with ANY of the myriad laws against manslaughter that do not carry the element of intent then she might get a conviction.

So yeah- she really had better have some evidence we arent privy to. Otherwise shes toast

Depraved heart is one of 6 charges against that officer. Here are the charges against the officer.

1) Second degree depraved heart murder (30 yrs.)
2) Manslaughter (involuntary) (10 yrs.)
3) Assault/second degree (10 yrs.)
4) Manslaughter by vehicle (gross negligence) (10 yrs.)
5) Manslaughter by vehicle (criminal negligence) (3 yrs.)
6) Misconduct in office (8th Amendment* )

If she can't get the murder, there are others that she may get without the intent.

One of my least favorite things about our legal system. How does ONE death result in FOUR different manslaughter/murder charges. Even if they DID kill him (and that's a big IF at this point), how can ONE death result in FOUR different murder charges against ONE person? Pick a fucking charge and go for it. But you'd better pick one you can make stick. Letting the jury have their fucking pick is BS, IMHO.

[CID1990]

I see that "depraved heart murder" has an element of intent.

This DA has already bitten off more than she can chew. She will not get a conviction on that. If she had gone with ANY of the myriad laws against manslaughter that do not carry the element of intent then she might get a conviction.

So yeah- she really had better have some evidence we arent privy to. Otherwise shes toast

Depraved heart is one of 6 charges against that officer. Here are the charges against the officer.

1) Second degree depraved heart murder (30 yrs.)
2) Manslaughter (involuntary) (10 yrs.)
3) Assault/second degree (10 yrs.)
4) Manslaughter by vehicle (gross negligence) (10 yrs.)
5) Manslaughter by vehicle (criminal negligence) (3 yrs.)
6) Misconduct in office (8th Amendment* )

If she can't get the murder, there are others that she may get without the intent.

Having been to this rodeo a few times..

I can say that charge sheet smacks of someone who is throwing a LOT of mud, hoping something will stick

I hope that if one or all of those officers are responsible fir this death that they receive justice for that. But right now it looks like this DA is overreaching- several of those charges are overlapping, and not charging someone multiple times for one incident is pretty much Prosecution 101

hope she knows what shes doing

[tribe_pride]

Depraved heart is one of 6 charges against that officer. Here are the charges against the officer.

1) Second degree depraved heart murder (30 yrs.)
2) Manslaughter (involuntary) (10 yrs.)
3) Assault/second degree (10 yrs.)
4) Manslaughter by vehicle (gross negligence) (10 yrs.)
5) Manslaughter by vehicle (criminal negligence) (3 yrs.)
6) Misconduct in office (8th Amendment* )

If she can't get the murder, there are others that she may get without the intent.

One of my least favorite things about our legal system. How does ONE death result in FOUR different manslaughter/murder charges. Even if they DID kill him (and that's a big IF at this point), how can ONE death result in FOUR different murder charges against ONE person? Pick a **** charge and go for it. But you'd better pick one you can make stick. Letting the jury have their **** pick is BS, IMHO.

You have to remember the jury (usually, sometimes a judge) are about 12 humans who need to make a unanimous or large majority agreement. Because of this, it can be near impossible to get certain charges stick even if you have proven it. Because a lot of this is out of your hands, you need to give the jury options. Overreaching is wrong and I agree with you on that but you will have many guilty people go free if you tried to accuse guilty people under just 1 charge.

Whether she can prove 1 or either in this case and whether a jury will buy it is another story. We don't have all of the information nor should we until the prosecutor presents it.

[houndawg]

One of my least favorite things about our legal system. How does ONE death result in FOUR different manslaughter/murder charges. Even if they DID kill him (and that's a big IF at this point), how can ONE death result in FOUR different murder charges against ONE person? Pick a **** charge and go for it. But you'd better pick one you can make stick. Letting the jury have their **** pick is BS, IMHO.

You have to remember the jury (usually, sometimes a judge) are about 12 humans who need to make a unanimous or large majority agreement. Because of this, it can be near impossible to get certain charges stick even if you have proven it. Because a lot of this is out of your hands, you need to give the jury options. Overreaching is wrong and I agree with you on that but you will have many guilty people go free if you tried to accuse guilty people under just 1 charge.

Whether she can prove 1 or either in this case and whether a jury will buy it is another story. We don't have all of the information nor should we until the prosecutor presents it.

Maybe she plans on tanking the case like McCullogh and the folks in FL.

I think the defense will present the cops as stupid rather than malicious -"Hey, we're not doctors, we didn't know we broke spine." The DA parents were both cops, she might be cut from a different bolt and really go after these pigs but I doubt it.

[houndawg]

Here's a guy that should fit right into the Baltimore PD.

http://www.mintpressnews.com/cop-forced ... ification/" onclick="window.open(this.href);return false;

To Service and Protect.

[93henfan]

Here's a guy that should fit right into the Baltimore PD.

http://www.mintpressnews.com/cop-forced ... ification/" onclick="window.open(this.href);return false;

To Service and Protect.

He must be French.

http://www.cnn.com/2015/04/30/world/fra ... se-claims/

Hungry, homeless young boys in the Central African Republic were forced by French soldiers to perform sex acts on them in return for food or money, the director of an advocacy group said Thursday, citing a confidential United Nations report on alleged abuses.

[Ivytalk]

Tawana Sharpton weighed in. I'm just surprised it took the old thug so long.

[BDKJMU]

I'm surprised a case like this wouldn't go to a grand jury 1st..MD must be diff than many other states?

[Grizalltheway]

I'm surprised a case like this wouldn't go to a grand jury 1st..MD must be diff than many other states?

Grand juries aren't widely used in most states anymore AFAIK.

[93henfan]

I'm surprised a case like this wouldn't go to a grand jury 1st..MD must be diff than many other states?

Mosby bypassed a grand jury, declaring unflinchingly that she had found probable cause to file the charges herself. She batted away a call for her to step aside and let a special prosecutor handle the case because her husband is a Baltimore city councilman.

http://www.chicagotribune.com/news/opin ... story.html

Google also tells me that Connecticut and Pennsylvania are the only two states that don't use grand juries.

[Grizalltheway]

I'm surprised a case like this wouldn't go to a grand jury 1st..MD must be diff than many other states?

Mosby bypassed a grand jury, declaring unflinchingly that she had found probable cause to file the charges herself. She batted away a call for her to step aside and let a special prosecutor handle the case because her husband is a Baltimore city councilman.

http://www.chicagotribune.com/news/opin ... story.html

Google also tells me that Connecticut and Pennsylvania are the only two states that don't use grand juries.

Didn't the Sandusky thing go to one?

[CitadelGrad]

http://www.chicagotribune.com/news/opin ... story.html

Google also tells me that Connecticut and Pennsylvania are the only two states that don't use grand juries.

Didn't the Sandusky thing go to one?

Yes.

[93henfan]

Didn't the Sandusky thing go to one?

Yes.

Fuck Google!

[Grizalltheway]

Yes.

Fuck Google!

Wikipedia to the rescue.

While all states in the U.S. currently have provisions for grand juries,[3] only half of the states actually employ them[4] and twenty-two require their use, to varying extents.[5] The modern trend is to use an adversarial preliminary hearing before a trial court judge, rather than grand jury, in the screening role of determining whether there is evidence establishing probable cause that a defendant committed a serious felony before that defendant is required to go to trial and risk a conviction on those charges.

[Ibanez]

I'm surprised a case like this wouldn't go to a grand jury 1st..MD must be diff than many other states?

Grand juries aren't widely used in most states anymore AFAIK.

This is anecdotal, but my mom was part of a grand jury two months and a total of 200 cases.

[CID1990]

I'm surprised a case like this wouldn't go to a grand jury 1st..MD must be diff than many other states?

This didn't go to a grand jury because this DA knows they would have returned a "no bill" and then she gets a loss.

So instead it appears she's chosen to go full retard and charge them with everything she can think of.

[Pwns]

But Huffpo and Slate said Mosby is a rising star!



A perfect example of why DAs should be appointed and not elected.

[CAA Flagship]

But Huffpo and Slate said Mosby is a rising star!



A perfect example of why DAs should be appointed and not elected.

I think I saw her on Jerry Springer a while back.

[93henfan]

But Huffpo and Slate said Mosby is a rising star!



A perfect example of why DAs should be appointed and not elected.

I think I saw her on Jerry Springer a while back.

@My sister stole my gay boyfriend.

[Pwns]

Here's the six cops charged in the case.



They're more, umm, diverse than I would've expected for a gang that committed acts of cruelty out of racial malice.

[ALPHAGRIZ1]

Well 3 of them are DEFINITELY not "black enough"