Another Baltimore Injustice
A protest in Baltimore last spring after the
death of Freddie Gray.
NEW YORK TIMES
By TODD OPPENHEIM
NOVEMBER 28, 2015
Baltimore — THE trials of the six officers
charged in the death of Freddie Gray, the 25-year-old black man who died after
suffering a spinal injury in police custody, begin tomorrow. As a public
defender here, I have watched the cases of the officers move through the
Baltimore City Circuit Court.
These cases are remarkable in that police
officers were actually charged in Mr. Gray’s killing, unlike in other recent
cases of police violence. But they are also notable in another, less laudable,
way.
The court has given extraordinary treatment to
the accused officers, from their arrests up to their impending trials. But
thousands of other defendants in Baltimore receive an inferior brand of
justice.
The exceptions started with the officers’
arrests. With the cooperation of the state’s attorney’s office and the police
department, the officers were given the opportunity to turn themselves in. When
my clients, who are poor and predominantly African-American men, are charged
with serious offenses, they are snatched off the street.
The officers also arranged a Friday afternoon
surrender. That’s important because they were able to post their bail before
seeing the judge on Monday. Those who don’t have the benefit of this strategic
luxury are often held in jail because they can’t get the money together in
time.
At $250,000 to $350,000, the officers’ bails
were also disproportionately low, compared with most other cases. Almost any
other defendant charged with homicide would have been held without bail. A
protester charged with much less serious offenses, including disorderly conduct
and malicious destruction of property during the unrest following Mr. Gray’s
death, received a $500,000 bail.
A client of mine, locked up for being near
unruly protesters during the unrest, was saddled with a $250,000 bail. Those
bails are completely inappropriate for such cases. After my client, unable to
afford bond, sat in jail for a month, his case was dropped.
Unattainable bails change lives. People lose
jobs. Families break apart. Bail also affects the quality of legal
representation, and being held in jail can make people plead guilty when they
shouldn’t, just to get out.
Not only are the Freddie Gray officers out on
bail, but the court has also arranged for their cases to go to trial faster
than nearly any other in the system. The first trial will take place six months
after the indictment. This is unheard-of. I recently represented a client for a
murder charge who sat in jail for over a year only to have his case dismissed.
Few defendants in the overburdened Circuit Court
have a guaranteed trial date, even those waiting in jail. But because the
Freddie Gray officers have received preferential treatment, in that they have
been specially assigned a judge, their court dates hold true.
They also have had the advantage of resolving
crucial legal matters ahead of the trial, like evidentiary rulings, venue and
jury sequestration. (The judge decided against the sequestration, but ruled
that the jury would remain anonymous.) Most defendants are forced to argue
pretrial motions on the day of trial.
In another highly unusual move, the
officers were excused from
appearing for these pretrial motions, while lawyers argued in their defendants’
absence. This courtesy is not extended to the average defendant.
In fact, a judge recently issued an arrest
warrant for a client of mine who did not appear for his arraignment, a proceeding
in Circuit Court that has become a mere formality. He had never been given
notice of the hearing, but the judge would not excuse his absence.
Is this case the most important Baltimore has
seen in recent decades? Absolutely. Is it drawing tremendous media attention?
Sure.
But there are other cases on the docket
involving other people’s lives. Other accused individuals sit in jail eagerly
awaiting their day in court.
Because of increased “security measures,” the
public has faced long lines and delays to get into the courthouses.
On the officers’ trial dates, the court will be
likely to reserve a large jury panel to choose from, while other defendants
must compete for those left over.
The irony is that a lack of fairness in the
criminal justice system is part of what Baltimore’s unrest is about. All cases
affect our community, not just those featured on CNN. Either we should treat
everyone like the officers (justly) or treat the officers like everyone else
(unjustly).
Everyone should be afforded the same
protections offered to the Freddie Gray officers.
All cases should proceed like
theirs. But they don’t.
© 2015 The New York
Times Company
Donations can be sent to the Baltimore Nonviolence Center,
325 E. 25th St., Baltimore, MD 21218. Ph: 410-366-1637; Email:
mobuszewski [at] verizon.net. Go to http://baltimorenonviolencecenter.blogspot.com/
"The master class has always declared the wars; the
subject class has always fought the battles. The master class has had all to
gain and nothing to lose, while the subject class has had nothing to gain and
everything to lose--especially their lives." Eugene Victor Debs
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