FOP President Claims Conflict Of Interest, Calls For Special Prosecutor In Freddie Gray Case
BALTIMORE (CBS BALTIMORE/AP) -- Maryland's state's attorney says Freddie Gray's death was a homicide and that there is probable cause to file charges.
"The findings of our comprehensive, thorough, and independent investigation coupled with the ME's determination that Mr. Gray's death was a homicide which we received today, has led us to believe that we have probable cause to file criminal charges," Marilyn Mosby said during a news conference Friday.
Six Baltimore Police officers were suspended following Gray's death and will all be charged. The driver of the police van is facing a second-degree "depraved heart" murder charge. Other charges for the officers include manslaughter and assault.
The Fraternal Order of Police spoke out against the charges at a presser Friday afternoon.
"I have never seen such a hurried rush to file criminal charges which I believe are driven by forces which are separate and apart from the application of law and the facts of this case as we know them. No one condones police misconduct, this is especially true of the entire FOP membership including my client," Michael Davey, an attorney representing Baltimore City FOP, said.
"Let me state in no uncertain terms, that Lt. Rice and all of the officers involved at all times acted reasonably and in accordance with their training as Baltimore police officers. No officer injured Mr. Gray, caused harm to Mr. Gray and they are truly saddened by his death. These officers did nothing wrong," Davey went on to say.
Lt. Kenneth Butler also spoke at the news conference, pledging the department's continued support to the officers.
"We are extremely frustrated and shocked by the circumstances that have transpired today. As Baltimore police officers, we are not at odds with the community. In fact, we are sworn to protect the community and those who are protesting against the six officers involved in this case. Our organization has supported these officers since the beginning of this difficult situation and we will continue to do so," Butler said.
Mosby stated that Gray suffered a severe neck injury while in the back of the police van earlier this month.
"Following transport from Baker Street, Mr. Gray suffered a severe and critical neck injury as a result of being handcuffed, shackled by his feet and unrestrained inside of the BPD wagon," Mosby explained.
Mosby said that officers did not offer medical assistance to Gray.
"Despite stopping for the purpose of checking on Mr. Gray's condition, at no point did he seek nor render any medical assistance for Mr. Gray," she said.
Mosby called Gray's arrest illegal. She noted the switchblade officers accused Gray of illegally carrying clipped inside his pants pocket was in fact a legal knife.
"To the people of Baltimore and the demonstrators across America, I heard your call for 'No Justice, No Peace,' your peace is sincerely needed as I work to deliver justice on behalf of this young man," Mosby said.
Bill Murphy, lawyer for the Gray family, has said that the 25-year-old's spine was "80 percent severed."
Gene Ryan, president of the Baltimore City Fraternal Order of Police, called for Mosby to appoint a special prosecutor to the case due to her "many conflicts of interest."
"I have full faith in your professional integrity. While I have the utmost respect for you and your office, I have very deep concerns about the many conflicts of interest presented by your office conducting an investigation in this case. These conflicts include your personal and professional relationships with the Gray family attorney, William Murphy and the lead prosecutor's connections with members of the local media. Based on several nationally televised interviews, these reporters are likely to be witnesses in any potential litigation regarding this incident," Ryan said in an open letter to Mosby. "Most importantly, it is clear that your husband's political future will be directly impacted, for better or worse, by the outcome of your investigation. In order to avoid any appearance of impropriety or a violation of the Professional Rules of Professional Responsibility, I ask that you appoint a Special Prosecutor to determine whether or not any charges should be filed."
Ryan added that the officers are not responsible for Gray's death.
"As tragic as this situation is, none of the officers involved are responsible for the death of Mr. Gray. To the contrary, at all times, each of the officers diligently balances their obligations to protect Mr. Gray and discharge their duties to protect the public," Ryan wrote.
On Thursday, Deputy Commissioner Kevin Davis said investigators discovered a security camera recording showing that the police van carrying Gray had made a previously undisclosed, second stop, after Gray was put in leg irons and before the van driver made a third stop and called for help to check on his condition. The van then made a fourth stop, to pick up another passenger, before Gray arrived at the police station with the fatal spinal-cord injury that left him unresponsive.
Gray's death ignited violent protests last Saturday and riots on Monday in Baltimore. The streets have since been calm after a 10 p.m. to 5 a.m. curfew was imposed.
