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Guixens declined to comment after the verdict, as did another member, Baltimore Police Detective Ryan Diener, who investigates homicides. The third panel member, Baltimore Police Maj. Steve Hohman, head of the Special Investigations Section that investigates sex crimes, could not be reached.
Of the four other officers charged administratively in the case, two — Nero and Officer Garrett Miller — have accepted “minor” discipline in the case and are back at work with the department, according to a police union attorney. Under Maryland law, punishments officers receive are kept private.
Two other other officers — Rice and Sgt. Alicia White — are fighting charges against them. Rice’s administrative trial is scheduled to begin Monday. White’s is scheduled to begin Dec. 5.
The panel that presided over Goodson’s trial will not preside over Rice’s or White’s trials.
Malone, Goodson’s attorney, said the panel’s decision to clear his client on all charges should make the city reconsider the still-pending administrative charges against Rice and White.
“I think the department has an obligation to take a look at the remaining charges with these officers and determine if they want to go forward based on the evidence that simply has not been put forth,” Malone said.
Mosby, who has lamented her inability to convict Goodson criminally, said Tuesday that the outcome in his administrative case also was “disappointing.” But she said Baltimore residents “must not forget the significant progress our city has made towards criminal justice reform and police accountability” since Gray’s death.
Mosby mentioned changes in police protocols, the introduction of body worn cameras, and the police reform consent decree the city has entered into with the Justice Department.
“Our focus must remain on eliminating the division between the public and law enforcement,” Mosby said, “and my office is committed to rebuilding that trust within the criminal justice system."
rickmogul;c-10085197 said:Dog and Pony show! We're on our own out here.
Freddie Gray case: Baltimore Police Lt. Brian Rice cleared of all administrative charges
The Baltimore police lieutenant who supervised the arrest of Freddie Gray was acquitted Friday morning of all 10 administrative charges in a ruling that absolves him once and for all.
The decision by a three-member panel of law enforcement officers comes more than two years after Gray’s death and a year after Lt. Brian Rice was cleared of criminal charges including manslaughter.
Rice, 44, showed no emotion as the chairman of the panel read the verdicts.
“Not guilty … not guilty … not guilty,” repeated Maj. Melvin Powell, of the Prince George’s County Police Department.
Rice left immediately, without speaking publicly, from the University of Baltimore hall that served as his courtroom for four days. He went straight to police headquarters to be reinstated, his attorney said.
He plans to take one week off, then return to police work in Baltimore, his attorney, Michael Davey, said.
“He simply wants to go home, hug his kids, kiss his wife, have a good holiday and really, honestly, try to get on with his life,” Davey said.
Rice had been accused of breaking police protocol during Gray’s arrest. He had faced administrative charges including failing to secure Gray with a seat belt in the police van and neglecting critical radio broadcasts.
His acquittal comes one week after the van’s driver, Officer Caesar Goodson Jr., was found not guilty of 21 administrative charges.
Baltimore police brought administrative charges against five officers who were involved in Gray’s arrest and transport in April 2015. Two officers, Edward Miller and Garrett Miller, accepted minor discipline and are back to work. Goodson, Rice and Sgt. Alicia White chose to fight their charges before a police trial board.
White’s trial is scheduled for next month.
“These cases aren’t changing,” Davey said. “The evidence was the same in Officer Goodson’s case. It’s the same in Lt. Rice’s case. It’s going to be the same in Sgt. White’s case.”
Davey urged city officials to think twice about their case against White.
“I would hope they take a look at what they have and reconsider moving forward,” he said.
Baltimore Solicitor Andre Davis said the city will not drop its case against White.
“We have to see the process through,” he said. “It may appear to be unwarranted or ill-advised, but we believe that the process is important. People need to see that the police department really is committed to the process.”
A 20-year veteran of the force, Rice has maintained his innocence.
Rice was the highest ranking officer on duty when Gray was arrested April 12, 2015. He placed the 25-year-old in the back of the police van handcuffed and shackled but not seat-belted, prosecutors said.
After the van ride, Gray was found unconscious with broken vertebrae in his neck. He fell into a coma and died one week later.
The police trial board was tasked with deciding whether Rice acted with reason or neglect. Did he fail to read an email with the new seat-belt policy requiring all detainees be secured? Did he neglect to listen closely to his police radio? Did he fail to treat the van as a crime scene after Gray was hurt?
All were questions Duke presented to the panel during the four-day trial. He urged the board to hold Rice accountable, calling him the “quarterback” on the Sunday morning of Gray’s arrest.
Baltimore police turned to Montgomery County Police to independently investigate the actions of those who arrested Gray. The investigation led to the administrative charges.
Davey, the defense attorney, argued the investigation was superficial, saying the officers interviewed only nine witnesses in nine months. During trial, he sharply questioned Montgomery County Police Capt. Willie Parker-Loan, who conceded to facts that undermined his own conclusions.
A conviction on any of the charges would have sent Rice before Police Commissioner Kevin Davis for punishment, which could have included termination.
But Davey sought to shift the blame from the officers to the police department, saying policies and equipment failed those who arrested Gray and were prosecuted after his death. He argued the department failed to properly notify officers of a new policy requiring detainees be seat-belted in vans. The vans themselves, he argued, were dangerous.
“The Baltimore Police Department had some very inefficient policies and procedures in place. Their practices were lapse. And they clearly had some inherently dangerous equipment,” he said after the verdict.
The administrative trials came more than a year after the officers were either acquitted of criminal charges in Gray’s death or had their charges dropped by Baltimore State’s Attorney Marilyn J. Mosby.
Gray’s death was a tragedy, Davey said, but not a crime.
“No officers intended for Mr. Gray to be injured and pass away,” he said. “It’s a terrible tragedy and, honestly, that’s all it is.”
Administrative charges dismissed against last officer facing discipline in Freddie Gray case
Charges were dismissed Wednesday against the last officer facing administrative discipline in the Freddie Gray case.
In a statement issued just before 7 p.m., Police Commissioner Kevin Davis said Sgt. Alicia White, who faced termination, would face no further administrative actions.
Noting two previous administrative trials had resulted in acquittals, Davis said “proceeding with this administrative hearing would not be in good faith, and has dismissed the charges.”
White’s attorney, Tony Garcia, said White was “grateful” for the decision.
“She has always maintained her innocence from the very beginning,” Garcia said.
