Wednesday's Freddie Gray Hearing Could See Charges Dismissed; Mosby Recused
BALTIMORE (WJZ) -- Police are preparing for potential unrest but what happens in the streets may depend upon what happens in court.
Alex DeMetrick has a preview of Wednesday's legal arguments.
What's coming is a number of pre-trial motions and the rulings that will set the framework for the trial of six Baltimore police officers.
The arrest and ride in a police van that culminated with the death of Freddie Gray now enters the pre-trial stage for six Baltimore City police officers.
Click here to learn more about police preparations for possible protests Wednesday.
Wednesday morning, Judge Barry Williams will start hearing a series of legal motions, including a motion to dismiss the charges against the officers.
"That kind of motion, not only doesn't it get granted, it usually takes about 10 minutes of court to dispose of," said legal analyst Andrew Levy.
But Levy says this case isn't usual.
"That motion may actually take a considerable amount of time tomorrow," he said.
There is also a motion to recuse State's Attorney Marilyn Mosby. The defense alleges she prejudiced potential jurors with her televised announcement of the charges.
"With the medical examiner's determination that Mr. Gray's death was a homicide, which we received today, has led us to believe we have probable cause to file criminal charges," Mosby said in April, as she announced charges.
"I don't think that's going to get much traction with the judge," Levy said.
More complicated will be deciding between a joint trial of all six defendants or separate trials. If they testify against each other, it will likely separate---or it may break down by charges.
Officer Caesar Goodson faces the most serious charge: second degree depraved heart murder. Officers White, Rice and Porter face manslaughter charges; officers Nero and Miller face second degree assault charges.
Eventually, Judge Barry Williams will have to decide if the trial or trials will stay in Baltimore.
"And only if he finds it's impossible to seat a jury of impartial jurors will the case get transferred out of Baltimore," Levy said.
That likely won't happen until the last minute, when the criminal trial starts with jury selection next month.
WJZ will have extensive coverage of the hearings on Wednesday.
