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Martin and Brown Attorney: Baltimore Prosecutor Shows Police Are Not Above the Law

3 minute read
Ideas
Benjamin L. Crump is the attorney for the families of Trayvon Martin, Michael Brown, and Corey Jones and is a former President of the National Bar Association

What happened to Freddie Gray to cause his death? This was the question that crippled a city and engulfed our country daily last week. Marilyn J. Mosby, the Maryland state attorney, is attempting to answer that question in an informative, rational, transparent manner. I was proud and excited that she brought charges, including homicide, manslaughter, and misconduct, against the six officers involved less than three weeks after the April 12 arrest of Gray.

What was so extraordinary about the time frame in which the announcement of the charges were made was that it contradicts the notion that when police kill citizens in highly questionable circumstances, there must be a secret, suspicious, lengthy investigation that takes months if not years to conclude.

So many times before, minority communities have been told to be patient and have faith that the investigation will be fair. This has often led to the sense that deaths are swept under the rug, and nobody is held accountable. There are so many examples of these long, secretive investigations breaking the hearts of the family and the communities that it’s easy to conclude that the indictment of the police officers in Baltimore was a miracle.

But it shouldn’t be seen as a miracle; it should be seen as holding officers accountable when they use excessive deadly force, similar to when any person breaks the law and is held accountable for their actions. The police should not be above the law.

Mosby swiftly indicted the officers based on the facts—the officers arrested Gray without grounds and violated police procedure by putting him in handcuffs and leg restraints in a van without a seatbelt. She did not allow assumptions about the victim to enter the conversation and cloud the police officers’ use unnecessary force.

Prosecutors must police the police, and when they don’t, society pays. When there is no transparency, there is no trust. The duty of a prosecutor is to seek justice and to bring charges where probable cause is present to provide the family and the community an opportunity to obtain justice. Mosby did exactly this.

In previous cases, such as that of Eric Garner in New York and Michael Brown in Ferguson, Missouri, there was no indictment of the officer. These cases clearly demonstrate the power and the broad discretion of the prosecutors. Prosecutors matter, and citizens are the check and balance of justice system—choosing a prosecutor resides in your right to vote.

See the Clashes in Baltimore After Freddie Gray's Funeral

A rioter stands atop a burning car as another man pours fuel onto the fire while Baltimore firefighters behind them fight fires in mutliple burning buildings set ablaze by rioters during clashes in Baltimore
A rioter stands atop a burning car as another man pours fuel onto the fire while Baltimore firefighters behind them fight fires in multiple burning buildings set ablaze by rioters during clashes in Baltimore on April 27, 2015.Jim Bourg—Reuters
Firefighters battle a blaze after riots in Baltimore
Firefighters battle a blaze after riots in Baltimore on April 27, 2015.Jerry Jackson—TNS /Landov
Protests in Baltimore After Funeral Held For Baltimore Man Who Died While In Police Custody
Two cars burn in the middle of an intersection during riots near New Shiloh Baptist Church in Baltimore on April 27, 2015.Andrew Burton—Getty Images
Demonstrators Gather Outside Baltimore Police Station to Protest Death of Freddie Gray
Protestors and pedestrians walk down Pennsylvania Avenue as smoke from a nearby CVS on fire covers the area in Baltimore on April 27, 2015. Noah Scialom—EPA
APTOPIX Suspect Dies Baltimore
A demonstrator raises his fist as police stand in formation as a store burns during unrest following the funeral of Freddie Gray in Baltimore on Monday, April 27, 2015.Patrick Semansky—AP
Demonstrators climb on a destroyed Baltimore Police car in the street near the corner of Pennsylvania and North avenues during violent protests following the funeral of Freddie Gray in Baltimore on April 27, 2015.
Demonstrators climb on a destroyed Baltimore Police car in the street near the corner of Pennsylvania and North avenues during violent protests following the funeral of Freddie Gray in Baltimore on April 27, 2015.Chip Somodevilla—Getty Images
US-POLICE-CRIME-RACISM
Police carry an injured officer from the streets near Mondawmin Mall in Baltimore on April 27, 2015.Brendan Smialowski—AFP/Getty Images
A demonstrator looks up after being sprayed with pepper spray during clashes in Baltimore
A demonstrator looks up after being sprayed with pepper spray during clashes in Baltimore on April 27, 2015.Shannon Stapleton—Reuters
A man walks past a burning police vehicle in Baltimore on April 27, 2015.
A man walks past a burning police vehicle in Baltimore on April 27, 2015.Patrick Semansky—AP
Police put out a fire while responding to people protesting after the funeral of Freddie Gray in Baltimore on April 27, 2015.
Police put out a fire while responding to people protesting after the funeral of Freddie Gray in Baltimore on April 27, 2015. Michael Reynolds—EPA
Police officers arrest a man near Mondawmin Mall in Baltimore on April 27, 2015.
Police officers arrest a man near Mondawmin Mall in Baltimore on April 27, 2015.Drew Angerer—Getty Images
Police officers use pepper spray against demonstrators after the funeral of Freddie Gray in Baltimore on April 27, 2015.
Police officers use pepper spray against demonstrators after the funeral of Freddie Gray in Baltimore on April 27, 2015.Jose Luis Magana—AP
Baltimore police officers tackle and arrest looters after they emerged from a "Deals" store with merchandise during clashes between rioters and police in Baltimore
Baltimore police officers tackle and arrest looters after they emerged from a "Deals" store with merchandise during clashes between rioters and police in Baltimore on April 27, 2015.Jim Bourg—Reuters
Demonstrators Gather Outside Baltimore Police Station to Protest Death of Freddie Gray
A protestor unrolls police caution tape on North Avenue and Fulton Street during a protest for the death of Freddie Gray in Baltimore on April 27, 2015. Noah Scialom—EPA
A man hurls a rock at Baltimore police officers outside the Mondawmin Mall following the funeral of Freddie Gray in Baltimore on April 27, 2015.
A man hurls a rock at Baltimore police officers outside the Mondawmin Mall following the funeral of Freddie Gray in Baltimore on April 27, 2015.Chip Somodevilla—Getty Images
Police officers walk in formation on Reisterstown Road near Mondawmin Mall in Baltimore on April 27, 2015 .
Police officers walk in formation on Reisterstown Road near Mondawmin Mall in Baltimore on April 27, 2015 .Drew Angerer—Getty Images
Baltimore police officers form a line in front of protesters near Mondawmin Mall in Baltimore on April 27, 2015.
Baltimore police officers form a line in front of protesters near Mondawmin Mall in Baltimore on April 27, 2015.Brendan Smialowski—AFP/Getty Images
A woman cries as demonstrators throw rocks at police officers during clashes in Baltimore on April 27, 2015.
A woman cries as demonstrators throw rocks at police officers during clashes in Baltimore on April 27, 2015.Shannon Stapleton—Reuters
Protesters surround a police officer near Mondawmin Mall in Baltimore on April 27, 2015.
Protesters surround a police officer near Mondawmin Mall in Baltimore on April 27, 2015.Drew Angerer—Getty Images
Friends and relatives say their last goodbyes to Freddie Gray as his casket is lowered into his grave at the Woodland Cemetery in Baltimore on April 27, 2015.
Friends and relatives say their last goodbyes to Freddie Gray as his casket is lowered into his grave at the Woodland Cemetery in Baltimore on April 27, 2015.Chip Somodevilla—Getty Images
A pillow depicts the image of Freddie Gray inside his open casket during the funeral at New Shiloh Baptist Church in Baltimore on April 27, 2015.
A pillow depicts the image of Freddie Gray inside his open casket during the funeral at New Shiloh Baptist Church in Baltimore on April 27, 2015. Michael Reynolds—EPA
Gloria Darden, mother of Freddie Gray, is comforted as she embraces his body before his funeral at New Shiloh Baptist Church in Baltimore on April 27, 2015.
Gloria Darden, mother of Freddie Gray, is comforted as she embraces his body before his funeral at New Shiloh Baptist Church in Baltimore on April 27, 2015.Patrick Semansky—AP
Gloria Darden, mother of Freddie Gray, is embraced before her son's funeral at New Shiloh Baptist Church in Baltimore on April 27, 2015.
Gloria Darden, mother of Freddie Gray, is embraced before her son's funeral at New Shiloh Baptist Church in Baltimore on April 27, 2015.Brendan Smialowski—AFP/Getty Images

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