The trials of six Baltimore police officers charged in the death of Freddie Gray will remain in the city, a judge ruled Thursday, rejecting defense arguments that impartial jurors could not be found there.
“The citizens of Baltimore are not monolithic. They think for themselves,” Baltimore City Circuit Court Judge Barry G. Williams said after denying the officers’ motion to move their six separate trials from Baltimore.
The ruling means defense attorneys and prosecutors will attempt to seat dozens of jurors from the city — 12 for each case, plus alternates — for the trials set to begin later this year.
Six police officers are charged in Gray’s death, which authorities say came after he suffered a fatal spinal injury while being transported in a Baltimore police van in April.
In a hearing Thursday morning, an attorney for the officers argued for the trials to be moved elsewhere in Maryland. The defense has said the Gray case has affected everyone in the pool of potential Baltimore jurors — in part because of the destructive protests and the daily curfew that followed.
Gray’s death sparked outrage and days of massive protests, including some that turned violent. Buildings went up in flames, and vandalism and looting devastated businesses — despite the Gray family’s pleas for peace.
Everyone in Baltimore was under the citywide curfew and subject to arrest if they didn’t obey it, so every potential jury member was affected, the defense argued.
Defense attorney Ivan Bates also told the judge that the city’s decision Wednesday to settle potential civil claims by Gray’s family for $6.4 million also hindered citizens’ impartiality, asserting that Baltimore taxpayers effectively are paying for it.
Riots caused millions of dollars of damage, and businesses that weren’t damaged still were disrupted, defense attorneys argued.
They also said that high-profile city officials made what the defense asserts were prejudicial statements about the case, making it even harder for unbiased jurors to be found.
“The number of Baltimore city residents that would be on any potential jury pool that were personally affected, or that had families or close friends affected would render the voir dire and jury selection process useless,” the attorneys wrote in a motion asking for the venue change.
Prosecutors argued that impartial jurors still could be found through the normal jury selection process. Both sides will ask potential jurors questions designed to determine if they can consider the case impartially.
Williams ruled last week that each officer will be tried separately.
Gray, 25, was arrested on a weapons charge April 12 but suffered a severe spinal cord injury while being taken away in a police van, authorities say. That injury led to his death seven days later.
Prosecutor Marilyn Mosby has said Gray’s injury happened because he was handcuffed and shackled — but not buckled in — inside the police van. Six officers will stand trial on charges ranging from assault to murder. All six have pleaded not guilty.
Settlement means no civil suit
As for the civil settlement approved Wednesday, it does not “represent any judgment” on the guilt or innocence of the six police officers charged, Mayor Stephanie Rawlings-Blake said. “This settlement represents an opportunity to bring closure to the Gray family, the community and the city.”
Rawlings-Blake is part of a five-person panel that handles the city’s financial affairs and approved the settlement.
Gray’s family negotiated the deal with city attorneys, a source close to the family told CNN.
“All of us realize that money cannot, will not — there’s no possibility — to bring back a loved one,” the mayor said. “I hope that this settlement will bring a level of closure for the family, for the police department and for our city.”
She and others on the panel said the decision to settle was weighed against the high cost of fighting an anticipated civil suit.
“We can avoid years and years of protracted civil litigation,” Rawlings-Blake said.
Police: Deal a bad idea
Before the announcement of the settlement, the head of Baltimore’s police union, which represents the six officers, said it would be premature to approve the deal with Gray’s family.
“To suggest that there is any reason to settle prior to the adjudication of the pending criminal cases is obscene and without regard to the fiduciary responsibility owed to (taxpayers),” said Gene Ryan, president of the Baltimore Fraternal Order of Police.
“There has been no civil litigation filed, nor has there been any guilt determined that would require such a ridiculous reaction.”
Ryan had urged the city committee to reject the settlement pact.
“This news threatens to interrupt any progress made toward restoring the relationship between the members of the Baltimore Police Department and the Baltimore city government,” he said.
