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Re: Prosecutor charges 6 Baltimore officers in Gray's death

By: Cactus Flower in ALEA | Recommend this post (0)
Wed, 06 May 15 4:15 PM | 70 view(s)
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Msg. 16878 of 54959
(This msg. is a reply to 16877 by Cactus Flower)

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And there's more.

"Nero is charged with second-degree assault, misconduct in office and false imprisonment — charges that can only be proven if Gray was wrongly arrested, said Andy Alperstein, a Baltimore attorney who has represented police officers but is not involved in the Gray case. If the knife was illegal, “there is no case” against Nero and another officer, he said.

“If the facts were that the knife was illegal then the Gray arrest would be justified. Even if it wasn’t illegal and the officers acted in good faith, it would be the same result. All charges fail,” Alperstein said.

Marc Zayon, Nero’s attorney, argues in his motion that the knife in Gray’s pocket — described in charging documents as “a spring assisted, one hand operated knife” — is illegal under both Baltimore’s switchblade ordinance and state law. Gray was charged under the city ordinance, which has a different definition than the state law of what constitutes a switchblade."

http://time.com/3847891/freddie-gray-death-police-officer-baltimore/


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The above is a reply to the following message:
Re: Prosecutor charges 6 Baltimore officers in Gray's death
By: Cactus Flower
in ALEA
Wed, 06 May 15 4:07 PM
Msg. 16877 of 54959

"If cops can't distinguish a switchblade from a pocket knife they should find another position."

Not so simple as you think, clo.

"The arrest report stated that the 25-year-old Gray was carrying "a spring-assisted, one hand-operated knife." A police task force also determined the knife was "spring-assisted," thereby violating city law, The Baltimore Sun reported.

In a motion filed Monday, one of Nero's attorneys, Marc Zayon, states the knife is illegal under both city and state law.

City law prohibits the sale, possession or carrying of "any knife with an automatic spring or other device for opening and/or closing the blade," commonly called a switchblade. The state statue applies to a knife "having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle.""

http://www.usatoday.com/story/news/2015/05/05/baltimore-cop-claims-freddie-gray-knife-illegal/26950303/

Maybe if the prosecutor cannot distinguish a legal and illegal knife they should find a new prosecutor!


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