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Murder charges against Baltimore cops may be dropped

US police officer William G. Porter (top left), Lt. Brian W. Rice, Sgt. Alicia D. White, Officer Garrett E. Miller (bottom left), Officer Caeser R. Goodson Jr, and US police officer Edward M. Nero.

The murder charges against police officers responsible for the death of African American Freddie Gray in Baltimore city could be dropped, according to a report.

A police investigation into the death of Gray does potentially allow the attorneys of police officers to drop the charges, CNN reported on Thursday.

According to the report, the probe, filed by the Baltimore City State's Attorney Marilyn Mosby, does not support some of the most serious charges against six police officers responsible for Gray’s illegal arrest.

Gray, 25, died of spinal injury on April 19, while in police custody.

Maryland State Attorney Marilyn J. Mosby

Last week, Mosby distanced herself from the police with launching her separate investigation into the case. She leveled charges ranging from assault to second-degree murder at the officers.

Citing unnamed officials, CNN reported that police investigation team believes that more serious charges than manslaughter should not be brought against any of the officers. Manslaughter relates to unintentional killings.

Defense lawyers, however, are bringing a challenge to Mosby's assertion that the officers had unlawfully arrested Gray because the knife he had in his pocket is considered legal under Maryland state law.

“If the facts were that the knife was illegal then the Gray arrest would be justified,” said lawyer Andy Alperstein, who is not involved in the probe.

“Even if it wasn't illegal and the officers acted in good faith, it would be the same result. All charges fail,” he noted.

Freddie Gray, 25, died of spinal injury on April 19, while in police custody in Baltimore.

The lawyers also seek an opportunity to exploit the past of Mosby's lead investigator, Avon Mackel, whose reputation is tainted by a 2009 incident that led to him being removed from his command post, according to the report.

Mackel, a former high-ranking Baltimore police, was accused of not tackling two officers who failed to report a robbery.

Defense lawyers could reason that he was motivated against the Police Department.

Some city officials, meanwhile, are concerned that if Mosby's case fails to hold up, unrest could erupt in Baltimore again.

"If this case falls apart, then does Baltimore burn?" CNN quoted one official as saying.

United States Attorney General Loretta Lynch

Attorney General Loretta Lynch told a Senate subcommittee on Thursday, "The situation in Baltimore involves a core responsibility of the Department of Justice -- not only to combat illegal conduct when it occurs but to help prevent the circumstances that give rise to it in the first place."

"When there are allegations of wrongdoing made against individual officers and police departments, the Department of Justice has a responsibility to examine the evidence and, if necessary, implement changes," Lynch said.

His remarks followed a request by Baltimore Democrat Mayor Stephanie Rawlings-Blake for an investigation into the Police Department for patterns of abuse or discrimination after the city was plagued with unrest over Gray’s death.

Baltimore mayor Stephanie Rawlings-Blake called on federal investigators Wednesday, May 6, 2015, to probe the city’s police department for pattern of excessive force or discriminatory policing.

Rawlings-Blake said on Wednesday that she had asked the Justice Department to investigate “if our Police Department has engaged in a pattern of stops, searches or arrests that violate the Fourth Amendment,” and what factors “contribute to excessive force or discriminatory policing.”

A spokesperson for the department said Lynch was "actively considering" a civil rights probe into the department.

Rawlings-Blake could make an announcement as early as Friday, that the department will conduct a federal investigation into Baltimore's police, according to a Washington Post report published on Thursday.

SB/GJH 


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