In late April, 1992 a jury acquitted four Los Angeles Police
Department (LAPD) officers of assault and use of excessive force in the
videotaped beating of Rodney King at the end of a high-speed (115mph +) chase on freeways and
through residential neighborhoods. King, admitted he fled from officers because
he was on parole for a past robbery conviction and who had past
convictions for assault, battery and robbery and he knew that a DUI would violate
the terms of his parole.
The whole incident is quite
controversial. One thing is agreed upon by most everyone; the charges were
brought based on just a few minutes of videotape – the most inflammatory few
moments - that were repeatedly shown all over the media before the case ever
came to trial. What only the jury saw prior to rendering a verdict was the
entire almost 13 minutes of the apprehension of Rodney King.*
Whether King was apprehended
appropriately-per-policy or beaten unmercifully by out of control police
officers is a topic for another time. But, the bottom line is the prosecutor
in the case, Terry White, failed to meet the burden of proof of the charges of assault
and use of excessive force he brought against the officers. And as such, the
jury – nine whites, one Asian, one Latino and one biracial – didn’t find the
evidence supportive of a verdict of guilty beyond a reasonable doubt (the
standard in criminal cases).*
And what is very appropriate to this time
and to the rest of this commentary is that Maryland State’s
Attorney Marilyn J. Mosby in her rush to play politics and further the
mob psychology that 1) Freddie Gray – another known felon who was fleeing from
police – was killed by racist cops and 2) sparked the Baltimore riots of most
of last week. “To the people of Baltimore and the demonstrators across America:
I heard your call for ‘No justice, no peace,’” she said.
Oh, really? Well, let’s look at what Ms. Mosby thinks is “justice.”
Firstly, let’s recap who was charged with what here.
Three officers – one a Lieutenant
and a female sergeant were each charged with involuntary manslaughter,
second-degree assault and misconduct in office. The Lieutenant and one of the
officers are both charged with false imprisonment. Two other officers were
charged with second-degree assault, misconduct in office and false arrest. In addition to similar charges leveled against
him with the others, the driver of the jail van has also been charged with second
degree murder with a depraved heart (in some states that’s probably termed “depraved
indifference to human life.”)**
By the way, three of these six
officers are black. One is female. So, again; how there can be ‘institutionalized
racism’ in the Baltimore PD and in this case particularly is beyond me.
Now, I’m no lawyer. But I have taken a few law classes in my
day – criminal law, criminal procedure, three business law classes and even one
in mass media law. All that probably gives me just enough knowledge to be
dangerous. But, what concerns me is that in an apparent attempt to appease the
mob and help her popularity, Ms. Mosby has brought such serious charges that
she’s set the bar too high for realistic hope of convictions – just like
happened in the Rodney King case.
And, in so doing she’s setting the country up for another
round of riots if she can’t meet the burdens of proof and these officers get
acquitted. And that, in my humble layman’s opinion, is nothing but politically-correct,
mob appeasement and malicious prosecution and is downright reckless. Even Alan Dershowitz,
the well-known liberal criminal defense lawyer and Harvard Law professor
of O.J. Simpson case fame, seems to agree.
“The decision to file charges was made not
based on considerations of justice, but on considerations of crowd control,” said Dershowitz. “He called the
charges ‘outrageous and irresponsible,’ especially the second degree murder
count filed against the van’s driver under a legal principle known as ‘depraved
heart.’”***
Don’t be surprised if at
least some of these officers are acquitted of at least some of these charges –
particularly the murder charge. And if that happens, don’t be surprised that the
brick-throwing knuckleheads don’t get all wound up again and start the riots all over
again.
*Wikipedia (3 May, 2015) 1992 Los Angeles Riots. Retrieved 4
May, 2015 from http://en.wikipedia.org/wiki/1992_Los_Angeles_riots
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