OFFICERS, IRON JEW TO CHANNEL
THE ENERGY PEACEFULLY AS WE
PROSECUTE THIS CASE.
KATE:
IT WAS AN ANNOUNCEMENT
THAT SURPRISED MANY.
THE PROSECUTOR HAS DECIDED TO
CHARGE THE SIX POLICE OFFICERS
IN THE DEATH OF FREDDIE GRAY, A
DEATH THAT HAS BEEN RULED A
HOMICIDE.
OUR GUEST IS JOINING US.
THERE ARE A LOT OF QUESTIONS
BUT
ONE MUST WONDER IF ALL OF THESE
CASES WILL BE TRIED TOGETHER, OR
WILL THEY BE SEPARATE?
GUEST: TYPICALLY IF YOU HAVE
MULTIPLE DEFENDANTS OUT OF THE
SAME INCIDENT, USUALLY THEY
PROSECUTE THEM TOGETHER.
MY SUSPICION IS THAT IS WHAT THE
STATES ATTORNEY'S OFFICE WILL
DO.
IF THAT IS WHAT HAPPENS, MY
SUSPICION WOULD BE THAT ONE OR
MORE WILL TRY TO HAVE THEIR CASE
SEPARATE FROM THE OTHER CASES.
ANCHOR: WHEN DOES THE
PLEA
TARGETING BEGIN?
SOME OF THE DEMONSTRATORS SAID
DO NOT LET THEM PLEA BARGAIN.
THEY WANT TO SEE THEM GO TO
COURT AND FACE THE JUDGE.
WHAT IS THE PROCESS?
IN VIRTUALLY EVERY CASE THERE
ARE DISCUSSIONS BETWEEN THE
PROSECUTORS OFFICE AND THE
DEFENSE COUNSEL.
NO COMPETENT LAWYER ON EITHER
SIDE WOULD SAY I AM NOT EVEN
GOING TO TALK TO YOU.
THEY ARE GOING TO TALK AND FIND
OUT WHETHER THERE IS ANY PLAY
HERE, ANY MOVE.
WHAT I DO NOT KNOW IS HOW MUCH
DO THEY NEED THE TESTIMONY OF
ONE OR MORE OF THEM IN ORDER TO
MAKE THEIR CASE AND WE DO NOT
KNOW WHAT THEY GAVE IN THEIR
STATEMENT.
FIVE OF SIX GAVE STATEMENTS AREA
WAS MY STATEMENT I AM GUILTY OR
SHE IS THE ONE WHO IS GUILTY?
WHO KNOWS?
DEBORAH:
WHERE WOULD YOU MOVE
THE TRIAL?
THE NATION HAS BEEN WATCHING
THIS.
GUEST: ON THE
ONE END OF THE
SPECTRUM THEY SAY YOU NEVER HAVE
TO HAVE A DIFFERENT
FORM.
EVENTUALLY YOU CAN GET 12 PEOPLE
WHO HAVE NOT MADE A JUDGMENT.
THEY MAY KNOW ABOUT THE CASE BUT
HAVE NOT MADE A JUDGMENT.
THE SAME TIME THE DEFENSE SIDE
BECAUSE OF ALL THIS COVERAGE IS
PROBABLY -- ONE OR MORE OF THEM
WILL ASK, CAN WE GET A CHANGE OF
AND YOU AND TAKE IT TO ANOTHER
COUNTY?
KATE:
ONLY FIVE HAVE GIVEN A
STATEMENT.
THEY COULD NOT BE COMPELLED TO
GIVE A STATEMENT AND IF THEY
DID, IT COULD NOT BE USED
AGAINST THEM IN A CRIMINAL
PROCEEDING SO WHAT HAPPENS WITH
THAT INFORMATION THEY HAVE GIVEN
OUT TO MARK -- GIVEN OUT?
GUEST: THEY COULD BE REQUIRED TO
GIVE A STATEMENT BUT ANYTHING
THEY GIVEN THAT STATEMENT COULD
NOT USED IN A CRIMINAL CASE
AGAINST THEM.
KATE: WE CAN
ASSUME THEY CANNOT
BE USED IN THE PROCEEDINGS GOING
FORWARD?
GUEST: YES.
WHAT WOULD HAPPEN
IS THEY TRIED
TO INTRODUCE THE STATEMENTS THAT
DEFENSE WOULD OBJECT TO THAT AND
THE COURT WOULD HAVE TO MAKE A
RULING.
DAVID: WE HEARD
--DEBORAH: I HAD
NEVER HEARD THE PHRASE "DEPRAVED
HEART MURDER."
GUEST
: IT IS PART OF THE COMMON
LAW.
WE HAVE COMMON-LAW MURDER AND
MANSLAUGHTER IN MARYLAND AREA
DEPRAVED HEART IS IN ESSENCE, I
WAS NOT TRYING TO KILL YOU BUT I
DID KILL YOU AND THE CONDUCT
THAT I USED WAS AN EXTREME
DISREGARD FOR HUMAN LIFE.
KATE: WE HAVE HEARD JAYNE MILLER
TALK ABOUT HOW SURPRISED
SHE WAS
ABOUT THE TWO WHO WERE CHARGED
WITH FALSE IMPRISONMENT.
I AM, IT SENT A MESSAGE TO
POLICE FROM MARILYN MOSBY.
IT DOES SEND A MESSAGE ABOUT OLD
POLICING PRACTICES HERE IN THE
CITY OF BALTIMORE.
WHAT DO YOU MAKE OF THOSE
CHARGES?
GUEST: IN THE REALM
OF THINGS,
THE FALSE IMPRISONMENT IS A
MISDEMEANOR AND IS A LOT LOWER
THAN ALL THE OTHERS BUT YES.
IF I PUT SOMEONE IN MY
CONTROL,
IF I AM A POLICE OFFICER AND I
PUT SOMEONE IN MY CONTROL, THAT
HE COULD BE A FALSE
IMPRISONMENT.
IN THIS CASE, IT IS BASED UPON
THE FACT THAT THE STATES
ATTORNEY HAS MADE A DECISION
EAST ON HER INVESTIGATION --
A
STOP HER INVESTIGATION AND THE
POLICE DEPARTMENT'S
INVESTIGATION THAT THERE WAS NOT
A BASIS TO ARREST THESE
INDIVIDUALS.
IF THAT IS SO AND THAT IS WHAT
MARILYN MOSBY SAID TODAY, THEN
IF THAT IS CORRECT, IT THEN IT
WOULD BE FALSELY IMPRISONING
SOMEONE TO ARREST THEM.