Officer Edward Nero trial: Freddie Gray case live coverage
Officer Edward Nero’s bench trial on charges of second-degree assault, reckless endangerment and two counts of misconduct in office — all related to his role in Gray’s initial detention. Updates are shown from newest information to oldest, and are from Justin Fenton, Kevin Rector, or Jessica Anderson in the courtroom unless otherwise noted.
-
The stipulation means defense won't be calling former top Mosby official who directed police to step up enforcement there.. #NeroTrialby Justin Fenton via twitter 5/18/2016 2:23:54 PM -
Parties agree to stipulate that area around Gilmor Homes is a "high-crime area," one of the elements permitting officers to chase, detainby Justin Fenton via twitter 5/18/2016 2:22:57 PM
-
2nd def witness today: Capt. Justin Reynolds, former director of training for BPD. He also testified at Porter trial.by Kevin Rector via twitter 5/18/2016 2:19:33 PM -
Novak wasn't on stand long; discussed what he saw that day, training he's received on Terry stops.by Kevin Rector via twitter 5/18/2016 2:18:21 PM
-
Miller is finished on the stand. We have broken for lunch until 2:30 p.m.by Kevin Rector via twitter 5/16/2016 4:58:43 PM
-
Miller says Nero's role was limited to helping Gray look for inhaler at 1st stop; helping Lt Rice load Gray back into van at 2nd stop.by Kevin Rector via twitter 5/16/2016 4:57:30 PM
-
Miller say it's normal to debrief arrestees at district stations before taking to Central Booking "to find out more about crime in the area"by Kevin Rector via twitter 5/16/2016 4:52:20 PM
-
Zayon: Who's responsibility is it to handcuff a person in the back of a wagon?
Miller: The driver's.by Kevin Rector via twitter 5/16/2016 4:48:50 PM -
Zayon: One person handcuffed Gray?
Miller: Yes
Zayon: "And that one person is who?"
Miller: "That was me."by Kevin Rector via twitter 5/16/2016 4:48:02 PM -
Zayon asks Miller why he used "we" in parts of statement re Gray's arrest. Miller says he's used to that wording from working closely w Neroby Kevin Rector via twitter 5/16/2016 4:46:35 PM
-
Zayon is taking Miller back through his testimony and statements, having him repeat that he was the one who cuffed Gray, not Nero.by Kevin Rector via twitter 5/16/2016 4:43:11 PM
-
Miller says Rice pulled and Nero lifted Gray back into van.
Schatzow: Gray was "'dead weight for us,' is that what you said?"
Miller: Yes.by Kevin Rector via twitter 5/16/2016 3:55:04 PM -
At 2nd stop, Miller testifies that he was the one who replaced his handcuffs on Gray w/ flex cuffs and put the leg shackles on Gray as well.by Kevin Rector via twitter 5/16/2016 3:53:20 PM
-
Prosecution playing CCTV footage amid questioning of Officer Miller.by Kevin Rector via twitter 5/16/2016 3:51:02 PM
-
Will we see officer co-defendants Miller and Porter testify today? They've already been given immunity & compelled to appear. #NeroTrialby Justin Fenton via twitter 5/16/2016 1:26:26 PM
-
What happened on day 2?
» Prosecutors spent much of the second day of Officer Edward Nero's trial trying to prove he was directly involved in Freddie Gray's detention and arrest — at times using Nero's own statement to police investigators.
» At one point Friday, Chief Deputy State's Attorney Michael Schatzow read from a transcript of Nero's statement.
» Nero's account of the arrest had never before been heard publicly.
» Prosecutors also played a video of Nero's interview with detectives. The officer described Gray's arrest and placing him in the van. Nero said he and Miller called for additional units and he retrieved Miller's bike, which he had ditched after the chase.
» Prosectors called three witnesses: Brandon Ross, 31, who was one of two friends with Gray before his arrest; Det. Michael Boyd, a shootings detective who was assigned to the Baltimore Police Department's Force Investigation Team at the time of Gray's arrest, conducted the interview with Nero; Former training director for the Baltimore Police Department Neill Franklin. -
Nero trial wrapped for the day. Back 9:30 a.m. Monday. 3 witnesses today; still no Miller or Porter.by Kevin Rector via twitter 5/13/2016 9:19:15 PM
-
In statement, Nero described the scene, the crowd gathering, Gray resisting: "Everything was just happening so fast."by Kevin Rector via twitter 5/13/2016 7:18:12 PM
-
Nero statement suggests more involved in Gray stop than Zayon described in opening; Nero describes Gray as uncooperative during handcuffingby Kevin Rector via twitter 5/13/2016 7:16:51 PM
-
Nero cited his experience as EMT, said Gray was screaming and resisting, asked for inhaler, but did not appear to actually be in distress.by Kevin Rector via twitter 5/13/2016 7:12:01 PM
-
Prosecution just played vid of Nero's initial statement to police; he was still in his bike uniform, appeared calm, waived LEOBR &Miranda.by Kevin Rector via twitter 5/13/2016 7:10:04 PM
-
Nero "everything was just happening so fast," Gray didn't want to move, didn't appear hurt. "It seemed as though he just didn't want to go."by Jessica Anderson via twitter 5/13/2016 7:07:58 PM -
(2/2) Ross, 31, is being held at city detention center, awaiting July trial on an assault charge from March, according to court records.by Jessica Anderson via twitter 5/13/2016 4:45:31 PM
-
I had left the courtroom but several reporters said after his testimony, first witness Brandon Ross was taken away in handcuffs (1/2)by Jessica Anderson via twitter 5/13/2016 4:42:53 PM
-
On April 12, Freddie Gray was arrested by police while running through West Baltimore. Many of the events of that day were captured on police surveillance cameras – part of a citywide system of more than 600 cameras.
Here are some highlights of what cameras captured of the Gray pursuit and arrest before local residents pulled out their cell phones.
-
Zayon asked Ross if Nero was the ofc who handcuffed Gray during initial stop. Ross says he saw Nero come up w/2 bikes, after Gray was cuffedby Jessica Anderson via twitter 5/13/2016 3:13:35 PM
-
Will be back in court this morning - along w/ @janders5 - for 2nd day of Officer Nero's trial in #FreddieGray arrest twitter.com/justin_fenton/…by Kevin Rector via twitter 5/13/2016 12:29:18 PM
-
How did we get here?
Freddie Gray died last April after suffering a spine injury in the back of a police transport van. Nero, one of the arresting officers, has pleaded not guilty to charges of second-degree assault and misconduct related to the arrest, and reckless endangerment and a second count of misconduct stemming from how Gray was loaded into the van. -
Prosecution on what they say happened
Chief Deputy State’s Attorney Michael Schatzow told Judge Barry Williams that officers pursued Gray through Gilmor Homes in April 2015 after responding to a chase called out by a supervisor, Lt. Brian Rice. All they knew was that Gray was being sought when they handcuffed and searched him, Schatzow said. Those were not grounds for an arrest, he said.
Nero “had no idea what was suspected, and he made no effort to find out,” Schatzow said. “Their plan was to … arrest him, and the decide whether to unarrest him.”
Officers can only detain someone for as long as it takes to determine whether that person has a weapon or if the officer is in danger. Nero “knew better than all this,” Schatzow alleged.
Defense on what they say happened
Nero’s defense attorney Marc Zayon said the officer had a limited role. Rice was out of Nero’s view when he called out over the radio that he was involved in a pursuit, and Officer Garrett Miller caught and handcuffed Gray, Zayon said.
To prove Nero committed an assault, prosecutors need to show “unconsented touching” – Zayon said Nero, a trained EMT, only searched Gray after he asked for an inhaler.
“It is clear in this case that everything that was done, not only by Officer Nero but all of the involved officers, was done correctly,” Zayon said. He said Nero will be judged against what a “reasonable” officer would do, and that the defense would present experts and other officers to testify that the actions were reasonable. -
What's happened so far today?
Officer Edward Nero sought to minimize his role in the arrest of Freddie Gray on his first day of trial, saying he pursued the 25-year-old based on a supervisor’s observations and only touched him to try to find his inhaler.
Nero’s bench trial began Thursday with prosecutors saying the officers who detained Gray lacked legal justification, making his arrest an assault. Legal observers have said it is an unusual theory, and the case is expected to involve complex arguments about the authority of officers to stop citizens.
-
Under cross, Zayon notes agency policy is not state law; Bartness agreed that there is overarching discretion to policyby Justin Fenton via twitter 5/12/2016 3:36:12 PM
-
Bartness testified abt the new prisoner seatbelt policy, implemented just days before Gray's arrest; says it took away officers' discretionby Justin Fenton via twitter 5/12/2016 3:34:43 PM
-
Zayon: BPD seat belt policy not Md law?
Schatzow: "Objection."
Judge Williams: "I know it's not, so it's sort of irrelevant. So sustained."by Kevin Rector via twitter 5/12/2016 3:31:48 PM -
This is where we had an interesting exchange, one that shows difference between bench and jury trial. (1/2)by Kevin Rector via twitter 5/12/2016 3:29:29 PM
-
Zayon: "A policy is not a law, correct?"
Bartness: "Correct."by Kevin Rector via twitter 5/12/2016 3:28:27 PM -
Bartness: "We make discretionary judgements every day in our roles."
Zayon: "It's part of being a cop."
Bartness: "Yes."by Kevin Rector via twitter 5/12/2016 3:27:33 PM -
On cross,Zayon pushes back. "We don't hire police officers to be robots, correct?" Bartness agrees.by Kevin Rector via twitter 5/12/2016 3:26:29 PM
-
What was decided at the pre-trial hearing?
> Nero selected a bench trial. Circuit Judge Barry G. Williams will now be the sole decider of Nero's guilt or innocence.
> Williams ruled that Gray's fatal injuries suffered in police custody can be mentioned, denying a defense request to block that information.
But he also denied a request from prosecutors to call medical experts to go "step by step" through those injuries.
> Prosecutors cannot question whether the knife that was found clipped to Gray's pants pocket during his arrest was illegal.
> Citizen videos of the arrest will be allowed, but the audio will be muted.
> The state can mention "excessive force" by the officers, noting that he, as the sole decider of facts in the case, will be "mindful" of what is being argued by the prosecution and what is not.
> Certain information about Gray's past, including previous run-ins with law enforcement and his history of lead poisoning, will be excluded.
> All defense subpoenas issued to assistant state's attorneys will stand, but Williams will determine whether such witnesses can be called to the stand on a case by case basis.
> Nero's charges won't be dropped for the state having failed to articulate which actions of his constituted the crimes.
Williams said the prosecution's descriptions of the crimes committed justified a trial, though the facts surrounding those descriptions remain in dispute.
In several of his rulings, Williams left open the possibility that he could narrow or expand the scope of what is admissible in court as the trial proceeds.
> Williams also addressed a third-party motion filed by The Baltimore Sun and other media outlets, asking for broader transparency and increased access to documents and court proceedings in the officers' trials: He would provide for media representatives to be present during any viewings of evidence by juries, but he rejected the media coalition's request for increased access.
-
Here were @MarilynMosbyEsq 's comments re: the knife at the May 1 War Memorial press conf http://pbs.twimg.com/media/CiGhiTQW0AECVNt.jpg
by Justin Fenton via twitter 5/10/2016 2:30:32 PM -
Here's the thing about bench trials: judges don't get hung. Baltimore will have its 1st verdict in an officer trial in the #FreddieGray caseby Kevin Rector via twitter 5/10/2016 2:29:38 PM
-
Williams also ruled on a bunch of motions. Will allow discussion of Gray's injuries, but not medical experts to go "step by step" thru them.by Kevin Rector via twitter 5/10/2016 2:27:32 PM
-
Trial will start Thurs. Williams says state said it prob needs Thurs/Fri, poss Mon; defense prob needs Tues/Wed. Verdict poss mid next week.by Kevin Rector via twitter 5/10/2016 2:26:28 PM
-
Nero chooses bench trial. "I'm certainly not going to be swayed by emotions," Judge Williams says.by Kevin Rector via twitter 5/10/2016 2:24:08 PM
