Monday, May 4, 2015

Politically-correct mob appeasement that is downright reckless

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

**Calvert, S., Maher, K., Palazzolo, J. (2 May, 2015) The Wall Street Journal, Six Baltimore Police Officers Charged in Freddie Gray Death. Retrieved 4 May, 2015 from http://www.wsj.com/articles/baltimore-prosecutor-probable-cause-to-charge-police-in-freddie-gray-death-1430492304

***Urbanski, D. (2 May, 2015) The Blaze Online. Alan Dershowitz: Charges Against Baltimore Police Officers Are About ‘Crowd Control,’ Not Justice. Retrieved 4 May, 2015 from http://www.theblaze.com/stories/2015/05/02/alan-dershowitz-charges-against-baltimore-police-officers-were-about-crowd-control-not-justice/

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