(Baltimore, MD) If the case of the State of Maryland v. Officer
Caesar Goodson, Jr. ends in an acquittal, the signs of problems were obvious in
the beginning. The Prosecution started losing before the case began. A Defense
Attorney for Donta Allen, the only person who was in the police van with Gray,
said his client was interviewed by Prosecutors and they did not disclose the
conversation to the defense.
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| Michael Schatzow and Janice Bledsoe |
The Baltimore Police Union, who has questioned the charges
from the start, has “smelled blood in the water” suggesting the state should
drop all the charges. The tension arising between the police, the state
attorney’s office, and the public is palatable. It was on full display
following the “Baltimore Uprising.” Murders spiked in the city and some
suggested police “took a knee” in protest to the arrest and charging of its own
officers.
Five of the six officers have filed defamation suits again
Mosby (beating a May 1st deadline) alleging “their illegal arrests were made without
probable cause and demonstrated ill will, improper motivation and/or evil
purpose," according to their attorneys. They go on to say they filed false
charges "in furtherance of [their] own personal interests and political
agenda." Also named in the suit was Sheriff's Office Maj. Samuel Cogen, he
investigated the police officers.
Observers of the case against Goodson, a veteran officer,
was the only one to invoke his right not to testify under the Maryland Police
Officers Bill of Rights (the State Legislature has changed this provision).
Goodson, the police van driver, transported Gray after his arrest. During the
ride the 25 year old Gray who was in his custody, died.
Following an order by the judge to turn over all discovery
to the defense that was not disclosed we learned not only had the Prosecution
not disclosed an interview with Donta Allen, who was in the van with Freddie
Gray. We also learned the lead investigator, Dawnyell Taylor, had a falling
out with the prosecution. She was removed from the case because Lead Prosecutor
Schatzow said she was trying to “sabotage the case.” Both Taylor and Allen were
put on the stand.
Taylor, a former marine, took over from Detective Syreeta Teal who had to leave for medical reasons. In testifying for the Defense she
told Judge Williams she meet with Dr. Carol Allan, the Assistant Medical Examiner, on two
occasions (April 23rd, and April 29th 2015). During her
first meeting Dr. Allan told her Gray’s death was “an accident.” At the second meeting
with Baltimore Police brass in attendance she called it a “freakish accident.”
This claim refuted her earlier testimony on the stand, when Dr. Allen refuted
Defense charges she had made this statement.
During cross examination by the Prosecutor Schatzow, things
got testy.
Schatzow: Isn’t it true you had problems with Ms. Bledsoe?
Taylor: Yes.
Schatzow: You were removed because you were trying to
sabotage the investigation?
Taylor: You don’t have the authority to remove me.
Schatzow: What if I told you I had letter from your
superior, saying you were removed at my request.
(Bench hearing with Judge Williams).
Questioning continues under adversarial conditions with
glares and stares between Taylor and Bledsoe.
Schatzow asks a question regarding Taylor's contact with
the prosecutors.
Taylor: We ceased contact with prosecution.
Schatzow: On August 4, 2015 you provided information/notes
to the defense on case. Things that weren’t in our packet.
Taylor: I gave the same thing to the prosecution. I handed
it to Ms. Bledsoe who looked at them and pushed them back across the table.
(Another bench hearing)
Schatzow focuses on the April 23rd meeting
with police brass. Asks about Dr. Allan telling the group about a “freakish
accident.”
Schatzow: The officials in the room were pleased with
that conclusion (paraphrase).
Taylor: I’m not certain.
Schatzow: In fact you didn’t take notes at the April 23rd
meeting nor at the April 29th meeting.
Taylor: I wasn’t in charge.
Schatzow: Dr. Allan never said the manner of death was an
accident?
Taylor: She said it was an accident.
Schatzow: Det. Taylor didn’t Ms. Bledsoe question your
integrity?
Taylor: (agitated) I questioned Ms. Bledsoe integrity?
Judge Williams calls for a recess. When we return Taylor
steps down from testifying.
Donta Allen
The arrival of Donta Allen in handcuffs and leg irons
caused a buzz in the courtroom. The judge has allowed a transcript and a video deposition
he had with homicide detectives in as evidence to as a remedy for prosecution from
failing turning over evidence. Neither side has wanted to use Allen in any of
the previous trials, despite the fact he was in the police van with Gray, and
has firsthand knowledge. Allen’s statements have changed so many times you don’t
know what he’s going to say.
The questioning for Allen begins with a simple question from
Defense Attorney Mr. Allen do you remember your arrests on April 12th,
2015. Allen responds, “I don’t recall anything that day.” There is a bench
hearing. Attorney produces a transcript of what he told investigators, “How can
this document refresh my memory…I don’t remember anything.” They proceed to
show Allen’s integration by a pair of officers. The tape is stopped, Judge
Williams calls for a recess and has to take up another case not related to the
Freddie Gray Trials.
When the case resumes we see Allen talking to
investigators being cooperative. The deposition points to several factors
favorable to the defense. Allen tells them he heard Gray “banging his head...it
was crazy loud.” He demonstrates to officers. Says the ride from Pennsylvania
and North Avenues was a “smooth ride.” When they arrive in officers says Gray
is unconscious.
It’s also during this interrogation Allen makes some inconsistent statements. Starts by telling officers he was on the right side of the van (Gray was on the right side). He is unable to tell officers if the banging was on the right or left side of the van. The judge accepts video into evidence.
As the questions begin again, Allan has to admit the tape
refreshed his memory. As Prosecutor Bledsoe questions Allen, we learn there
were two interviews one at the Western District and another at the Downtown Homicide
Offices where he was video-taped. While on the stand Allen says Detectives
offered to let him go if he took his card. He had to also admit he could never
see Gray because of the partition in the van. “I can’t tell he was banging his
head because I didn’t see him.” He says he told a television station the noise
was more like a rapping sound. At the
time of his interrogation he was never charged with anything.
In the most telling question and answer he was asked if
he was under the influence when he gave the deposition. He tells Prosecutor he
was using “heroin and Xanax.”
It was clear he has an adversarial role with police
telling Prosecutor Bledsoe, “I was trying to get out of jail…I don’t trust the
police.”
During cross examination by the Goodson’s Defense
Attorney, he ask him to read parts of his deposition testimony out loud in
court. He challenges the attorney several times asking him, “Why you got be so
loud.” The judge admonishes the attorney. Things get testy when he is asked to
read a section where he tells detectives he is “sober and clean…all I had is a
Pepsi.” When asked to explain his answer, “I lied!”
Neither testimony helped the Prosecution’s case. The
judge has been very clear, when he was asked to dismiss the case after the
state had rested he noted the state had not prevented compelling evidence to
back up its claim of a “rough ride,” nor had it provide the pre-requisite
evidence in the charge of “depraved heart.” He let the case continue but like
the Officer Edward Nero case the judge can only weigh the facts and not the
emotions in this case
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