From my post over at Legal Insurrection:
In a remarkable deviation from his usual practice, Trial Judge Barry Williams has elected to release in written form his not guilty verdict in the “Freddie Gray” trial of Baltimore Police Officer Edward Nero. The entire verdict is embedded below, but I’ll highlight a few particularly interesting sections.
Here’s how Judge Williams framed the second-degree assault (and related misconduct) charge against Nero:
In order to convict the defendant of assault, the State must prove that the defendant caused offensive physical contact with Freddie Gray; that the contact was the result of an intentional or reckless act of the defendant and was not accidental; and that the contact was not legally justified.
In order to convict the defendant of misconduct in office, the State must prove that the defendant was a public officer, that the defendant acted in his official capacity, and that the defendant corruptly did an unlawful act. For this count, the State alleges that the defendant arrested Freddie Gray without probable cause.
And here’s how Judge Williams framed the reckless endangerment (and related second misconduct) charge against Nero:
In order to convict the defendant of reckless endangerment, the State must prove that the defendant engaged in conduct that created a substantial risk of death or serious physical injury to another; that a reasonable person would not have engaged in that conduct; and that the defendant acted recklessly.
Finally, in order to convict the defendant of the second count of misconduct in office, the State must prove that the defendant was a public officer; that the defendant acted in his official capacity; and that the defendant corruptly failed to do an act required by the duties of his office. For this count, the State alleges that the defendant failed to ensure the safety of Freddie Gray by failing to secure Mr. Gray with a seat belt during the process of Mr. Gray being transported in a police vehicle while he was in police custody.
To read the whole thing, click here.