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The defendant was aware of the KGA call from Rice; knew that Miller had detained Mr. Gray and moved him from one area to another; and that a van had been summoned.
For the same reasons, minus the van call, the defendant did not have a duty to make an inquiry of Mr. Gray. Since the defendant’s contact with Mr. Gray came after Mr. Gray was detained by Miller, this Court finds that the contact by the defendant was legally justified and not reckless. Therefore, as alleged by the Stat...
Next, the State alleges that the defendant corruptly arrested Mr. Gray without probable cause, and that the arrest rises to the level of misconduct in office. Misconduct in office is corrupt behavior by a public official in the exercise of his duties of office or while acting under color of law.
In order to convict the defendant, the State must prove, one, that the defendant was a public officer; two, that he acted in his official capacity; and, three, that he corruptly did an unlawful act. There is no question that elements one and two of the misconduct charge are met since the defendant was a public officer ...
But, as noted, the Court does not find that the defendant detained Mr. Gray at the ramp, nor does the court find that any actions by the defendant turned the detention into an arrest.
The Court does find, based on a review of Exhibit 41, the testimony of the defendant, Mr. Ross, and Mr. Miller, that the initial contact concerning detention and arrest occurred when Miller, acting alone, interacted with Mr. Gray.
As such, this Court does not find that the defendant detained or arrested Mr. Gray without probable cause. The propriety and basis for Miller’s actions are not before this Court and, therefore, have not been assessed by this Court.
The State has indicated its belief that the facts as presented lend themselves to the application of accomplice liability for all the charges, and the defendant should be held criminally liable for the actions of Miller and others as an accomplice.
In order to convict the defendant of any of the charges under the theory of accomplice liability, the State would have to prove that a crime occurred; and that the defendant, with the intent to make the crime happen, knowingly aided, counseled, commanded, or encouraged the commission of the crime, or communicated to th...
The State’s theory from the beginning has been one of negligence, recklessness, and disregard for duty and orders by this defendant. There has been no information presented at this trial that the defendant intended for any crime to happen. Nor has there been any evidence presented that the defendant communicated any in...
Since the assault and misconduct are based on a detention and arrest that this Court has already determined was effected by Miller acting alone and on the information provided over KGA, and especially where there is no conspiracy charged, this Court does not find that accomplice liability on the charge of assault and m...
When the van driver opened the door, Mr. Gray was seated. Rice and Miller took Mr. Gray out of the van. Miller retrieved his cuffs, replaced them with flex cuffs, and placed shackles on Mr. Gray. At this point, allegedly, Mr. Gray had gone limp. So, to get him back into the van, Rice got into the van and pulled Mr. Gra...
At three seconds of Exhibit 35, which is the video by Mr. Ross, the video shows the defendant kneeling down and placing his hands on Mr. Gray’s lower body. By eleven seconds, his hands are off. And at thirteen seconds, Rice jumps out of the van.
The State alleges that the failure of the defendant to seat belt Mr. Gray once he was placed back in the van rises to the level of reckless endangerment and misconduct in office.
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 act; and that the conduct and that the defendant acted recklessly...
Reckless endangerment focuses on the actions of the defendant and whether or not his conduct created a substantial risk of death or injury to another. The crime occurs when the actions are found to be unreasonable under the circumstances presented. It does not focus on the end result, which can be, if charged, a separa...
Two questions are at issue here. Question 1: Could an officer, similarly situated as the defendant, reasonably rely on the fact that an officer in the van with the detainee could and would, if required, seat belt the detainee, especially when that person is a superior officer? Question 2: Could an officer, similarly si...
The answer to both of those questions, based on the facts presented, is yes.
As to the reasonableness of not taking steps to seat belt Mr. Gray, this Court finds that a reasonable officer in the defendant’s position and, in particular, the defendant, could reasonably assume that an officer, superior or not, in the back of the van would make a determination as to whether seat belting was appropr...
This Court does not find that a reasonable officer similarly situated to the defendant, at the point where there are people coming out on the street to observe and comment, would approach the lieutenant, who just got out of the van, to tell him to seat belt Mr.
Gray or make an inquiry concerning the issue of whether or not Mr. Gray has been seat belted. There is no evidence that was part of his training and no evidence that a reasonable officer would do the same.
While the State did not present clear evidence of any protocol in the approximately 1500 pages of General Orders or directives concerning transfer of custody from an arresting officer to a transporting officer, a review of policy 1114, Exhibit 2, published on April 3, 2015, which may not have gone into effect until aft...
Policy 1114 requires that when a person is taken into custody, members shall ensure the safety of a detainee. Section 1.5 of the policy notes that whenever a detainee is transported in a police vehicle, one must make sure that the detainee is searched and handcuffed by the arresting member before being placed in a poli...
The policy seemingly uses “police vehicle,” “police transport vehicle,” and “transport vehicle” interchangeably. The Court notes that there certainly could be differences that are relevant, but no definitional terms were presented during the trial by the State.
It is certainly reasonable to believe that before a vehicle pulls off, the officer who is charged with transporting a detainee may have the duty to make sure that the person being transported is properly secured and, if not, seek help from other officers if there is a need to do so.
However, this Court acknowledges that there may be circumstances where that duty may shift or be nonexistent in relation to a particular officer. But, again, this Court is making its decision only on what has been presented for this trial for this defendant.
Having found that a reasonable person would act similarly to the defendant, the Court does not find that his actions were reckless and, therefore, finds that there is no criminal liability under the theory that the defendant’s failure to act recklessly endangered Mr. Gray.
Finally, there is the misconduct charge stemming from the stop on Mount Street. The State alleges that the defendant failed to ensure the safety of Mr. Gray when he failed to seat belt him after Mr. Gray was placed back in the van. As stated previously, misconduct in office is corrupt behavior by a public official in t...
In order to convict the defendant, the State must prove that the defendant was a public officer; that he acted in his official capacity; that he corruptly failed to do an act required by the duties of his office.
Again, there is no question that elements one and two of the misconduct charge are met since the defendant was a public officer acting in his capacity as a law enforcement officer on the day of Mr. Gray’s arrest.
Here, unlike in the other misconduct charge, the State asserts the defendant failed to do an act required by his office; and that failure to act is corrupt behavior; and, therefore, the defendant should be convicted of misconduct.
Along with the analysis this Court used to determine whether the defendant was guilty of reckless endangerment, I also must determine whether, under this statute, he corruptly failed to do an act required by the duties of his office. While this Court has already determined that the defendant is not guilty of reckless e...
The comments to the Maryland Pattern Jury Instructions note that the committee chose not to define or explain “corrupt” or “corruptly,” believing that the words communicate their meaning better than a definition would.
A review of relevant case law shows that a police officer corruptly fails to do an act required by the duties of his office if he willfully fails or willfully neglects to perform the duty. A willful failure or willful neglect is one that is intentional, knowing, and deliberate. And mere error in judgment is not enough ...
In order to fail to perform a duty, the defendant had to know about this duty. Out of the more 1500 pages of the General Orders, at best, there seems to be ambiguity on the issue of when custody is transferred concerning someone who has been arrested and is about to be transported by the non-arresting officer. Again, t...
Gray back into the van after Miller recovered his handcuffs and placed shackles on Mr. Gray. The State presented Exhibit 7, which is a document that showed on June 26, 2012, the defendant, when he was appointed as police trainee, acknowledged receipt of nine listed items, including the General Orders. It does not say i...
A-2. There is no evidence that he was ever given any information at roll call. This is not to say that the Baltimore City Police Department does not follow General Order A-2 concerning the dissemination of new orders and updates, just that it was not presented to this Court during this trial.
The audits in Exhibits 20 and 21 concerning seat belting individuals in prisoner transport vehicles was presented to this Court, but clearly they were directed towards transport drivers and what they do by the time they get to Central Booking. The exhibits had nothing to do with what is done on the streets in an active...
The State points to Exhibit 22, which shows that at 6:01 p.m., on April 9, 2015, the defendant’s police email account received, among other documents, amended policy 1114. Policy 1114 amended K14, purportedly to take away discretion when seat belting a detainee. Andrew Jaffe who is the director of IT for the police dep...
Concerning the training that the defendant received in the area of transport, Exhibit 27 is the defendant’s arrest and control performance evaluation from his time at the Academy. The State presented Officer Adam Long, who instructed the defendant on the issue of placing a person into a vehicle and how to seat belt the...
Sergeant Charles Sullivan from the Western District was assigned as the defendant’s field training officer in 2012. Field training is 10 weeks, but he had the defendant for a few weeks less but did not know why. When asked about wagon training, he stated that he did not train the defendant on transport wagon or transpo...
A review of Exhibit 9, which is the defendant’s police trainee manual shows that Sergeant Sullivan initialed most of the areas where there is proof that the defendant completed a required task. Sullivan stated that if there was no check next to the area, the defendant did not complete the task. Sergeant Sullivan would ...
Brenda Vicenti, who was the field training coordinator, admitted that she was not a trainer, and the area where it is noted for “Arrest Procedures/Processing Prisoners” in Exhibit 9, the very subject matter where the defendant would have received training for the issue at hand, she indicated she did not train him. She ...
Based on the evidence presented, this Court finds that the State has not met its burden to prove, beyond a reasonable doubt, all required elements of the crimes charged. Therefore, the verdict for each count is not guilty.
This Court is in recess.
At an event after the Microsoft keynote, members of the press were presented with tables complete with wrapped presents. The idea? We all unwrap the new Xbox 360 250GB (the official name) and explore what makes the new system so special. Here's what is inside the package.
First off, it comes packed with a smaller, but still proprietary, 250GB hard drive. WiFi is built in, using the 802.11n standard. Two USB ports are hidden behind a flap on the front of the device, with three extra USB ports in the back for a total of five. The power supply is much smaller, and we were told the system u...
More detail of the ports. A total of five USB ports, powered connector for the Kinect, and a dedicated audio line... no more breakout boxes!
I put in a copy of Alan Wake and turned it on using the new touch-buttons... very similar to what you get with the PlayStation 3. The system was on, but it made almost no noise. The game loaded. Silent. I'm used to using my 360 in my home office hooked up to a computer monitor, where it sounds something like a jet taki...
A new AV port in the back also cuts down on the wires when the Kinect is involved. Plug the Kinect into that port, plug the 360 into the wall, and you're all set up. Owners of the now-classic 360 will have to plug the Kinect into the wall using a separate outlet.
We were told the system has taken years to develop, and it shows: it's a thoughtful, refined system, and at $300 it's a good value. This is the 360 you've always wanted.
Oh, except for the HDMI cable. It still doesn't come with one of those.
(CNN) -- At least five Palestinian residents and five Israeli police officers were injured in a brawl that broke out in an east Jerusalem neighborhood Saturday.
The Palestinians were wounded when Jewish settlers opened fire on them in the Silwan neighborhood, according to Palestinians eyewitnesses and the neighborhood information center, which represents Arab residents in the area. Mahmoud Qaraeen of the Silwan Information Center said a brawl started when settlers in the area ...
However, Israeli police spokesman Mickey Rosenfeld disputed the claims, saying no Jewish settlers were involved in the Silwan violence Saturday. He said it all started when Palestinians hurled rocks at Israeli policemen on patrol, leaving five of them lightly injured.
“I have been at The Talk since the day it started nine year ago,” Chen said in a message that viewers were told had been recorded on Big Brother’s set moments earlier (see it below). Chen has not been seen on The Talk since Season 9 began September 10, after her husband Leslie Moonves stepped down as CEO of CBS Corp am...
Chen had announced moments before the season debut that she “was taking a few days off” to be with her family.
Moonves’ exit following the New Yorker‘s publication of a second Ronan Farrow article in which more women accused the veteran TV exec of inappropriate workplace conduct and sexual harassment.
The CBS board’s support for Moonves ran out after the revelation he tried to buy an accuser’s silence by getting her a job at the network, NYT reported.
I have known my husband, Leslie Moonves, since the late ’90s, and I have been married to him for almost 14 years. Leslie is a good man and a loving father, devoted husband and inspiring corporate leader. He has always been a kind, decent and moral human being. I fully support my husband and stand behind him and his sta...
Speculation that Chen would step down grew even louder when she stayed away this past Monday.
It was the first time she had used her husband’s name on air.
By nearly any measure Muriel Spark was a major 20th-century writer -- of longer fiction (twenty two novels); short fiction (sixty+ stories, published and republished in six collections); poetry (four volumes); children’s stories (three); plays (five); biographies (two); and autobiography (one). And that does not take a...
An extraordinary and unique talent like Muriel Spark deserves a biography that does her oeuvre justice, one that participates in the sophisticated intellectual discourse of her fiction and synthesizes the life and work into a coherent, sustained vision. Unfortunately, after fifteen years' labor, to judge from 'Muriel S...
From other sources, particularly Spark's own autobiography, 'Curriculum Vitae' (1992), the narrative of her early years in Edinburgh, Africa, and London is known; but certainly not with the fullness Stannard is able to give thanks to his nearly unlimited access to Spark's papers, his exhaustive interviews with figures ...
Refusing to accede to his demand that she have an abortion, Spark gave birth to her son. The marriage soon fell apart. Muriel moved on, to London, and found work with British counter-intelligence, then at a number of odd jobs and for the Poetry Society until being sacked in November 1948. Meanwhile, Robin was entrusted...
Comfort Though frequently published as a poet, Spark had no reputation as a writer of prose fiction until 1951, when, out of nearly 6000 entries, her story, "The Seraph and the Zambesi," won a Christmas story contest sponsored by the Observer. The prize money enabled her to make ends meet, at least temporarily. Post-Wa...
'The Comforters' drew the attention of two well-established writers, Evelyn Waugh and Graham Greene; with their support, her career was launched: twenty one novels would follow, with the last, 'The Finishing School,' published in 2004 when she was eighty six years old.
Stannard deserves his due for rendering the first part of Spark's life, up to the publication of 'The Comforters,' with meticulous and evocative detail -- Edinburgh, Africa, post-War London-- come alive. Yet when he enters the second half of Spark's life, charting the Fly-Dutchman voyage that took her from London to Ne...
Spark's concerns about the rhetoric and style of this biography were well-founded. She was a woman of style. Photos from the 70s onward show her perfectly groomed and coiffed, wearing a little black dress accented by good jewelery (often Cartier) and Ferragamo pumps. And her writing was nothing if not stylish. Stannard...
But 'Muriel Spark: The Biography' disappoints in other ways as well. The account of the last, late Tuscan sojourn is rather sparse: the last 100 pages or so seem not much more than prose re-writing of diary entries. Other, greater flaws become painfully obvious in literary and theological contexts.
In the realm of the literary, several matters need comment. First, it seems most curious that Stannard says so little about Spark's creative process. He relays well-known information about her sense of being a poet, first and always; about her working from a title (once she had it, she had the story, she often said); a...
Moreover,when Stannard considers the novels, he does little more than provide plot summary and snippets of reviews. This professor of literature (at the University of Leicester) never engages in the real work of literary criticism and evaluation. Curious, too, is his refusal draw on writers who clearly had significant ...
A related, but even greater flaw in this biography emerges re: Spark's spirituality. Like others, he puts Spark in the same category as Waugh and Greene; that is a hasty and largely meaningless categorization, since the three could not be more different in their understanding (and living of the faith) as well as in the...
Spark was a serious, thoughtful, if not card-carrying Roman Catholic, deeply committed to the bedrock principles and doctrine of her faith. Though she sometimes did her best to obscure it, she was carefully read in the traditions of the Church Fathers as well as later texts (the Benedictine Rule; The Cloud of Unknowing...
Spark sometimes said that she had made three great mistakes in her life, each having to do with a man: one, her husband; the other two, lovers later discarded. I wonder if, at the end of her life, exhaustively revising and correcting the pages of this manuscript that distressed her so, and suffering her last, fatal ill...
Robert E. Hosmer teaches modern and contemporary British literature at Smith College. His interview with Muriel Spark, "A Certain Plausibility: Muriel Spark in Conversation," appeared in the London Magazine. Forthcoming is 'Shall We Say I Had Fun with My Imagination' : Essays in Honor of Muriel Spark.
See our chart lining up corporations and countries--together--in order of their economic clout.
There is nothing inevitable about the current direction of globalization. Yes, corporations have used their tremendous power to shape many of the rules of the road for globalization to meet their own narrow interests. In the nineties they have escalated their efforts with sweeping new rules at the local, national and g...
And yet in the United States and elsewhere, this decade has also been one of growing resistance to global corporations. Even among the elite stalwarts of trade and investment liberalization, the longstanding free-market consensus appears to be unraveling. Except for the rigid IMF and US Treasury Department, two sets of...
The challenge for the future will be to push alternative agendas through this crack in the consensus. Central to these efforts is the belief that trade and investment should not be ends in themselves but tools for promoting ideals such as equality, democracy, good jobs, a clean environment and healthy communities. The ...
Now is the time for the citizens’ backlash to become the “frontlash” for a new global economy. Unions, environmental groups and other citizens’ organizations are demanding a place at the negotiating table to craft new rules to guide globalization. And they are taking direct action to make their feelings known.
In the late nineties, a reinvigorated US labor movement has increased its efforts in international solidarity work. A prime example is the successful resolution of the 1997 Teamsters strike against the United Parcel Service, in reaction to UPS’s plans to shift from full-time to lower-paying, part-time and temporary job...
Members of the Interfaith Center on Corporate Responsibility, an association of nearly 275 religious denominations, submitted 194 shareholder resolutions in one recent year to press for corporate accountability in the areas of the environment, treatment of workers and other subjects. For example, in 1995 the Benedictin...
One consumer strategy has been to reward corporations employing “good” business practices by allowing such firms to identify their products with a label. The Rugmark campaign, for example, awards a special label to firms that insure that their employees are adults paid at least the local minimum wage. Manufacturers tha...
On more than seventy-five campuses, students have been negotiating with their schools to ban the purchase of products bearing the school logo from factories that violate labor rights. At a number of these universities, students have built support for such a ban by staging fashion shows featuring clothes made in sweatsh...
In 1994, the fiftieth anniversary of the World Bank and IMF, citizens’ groups from all over the world organized a “Fifty Years Is Enough” Campaign. In the United States, it has involved more than 200 environmental, development, faith-based, labor and policy organizations. Congress responded to their demands by restrict...
Another mass movement is Jubilee 2000, a coalition of religious and secular groups that has demanded cancellation of much of the debt owed by the poorest countries. Jubilee draws its inspiration from the biblical book of Leviticus, which describes a Year of Jubilee every fifty years in which social inequalities are rec...
In Mexico, a superhero named “Superbarrio” fights against injustice on behalf of the poor. Wearing red tights, gold wrestling trunks and a flowing gold cape, Superbarrio is a frequent star of political demonstrations. Under NAFTA, Superbarrio’s heroics have taken him on many crusades across the border. Once he swept in...
Political theater has also proved an effective way of educating and mobilizing people around globalization issues. For example, Nepali villagers gather around boomboxes in tea shops to listen to an audiocassette of a play about hydroelectric power, featuring one of Nepal’s most famous comedians.
Sarah AndersonSarah Anderson directs the Global Economy Project at the Institute for Policy Studies and is a co-editor of Inequality.org.
John CavanaghJohn Cavanagh is the director of the Institute for Policy Studies. His most recent book, co-authored with Robin Broad, is Development Redefined: How the Market Met Its Match.
Thea M. LeeThea M. Lee is policy director of the AFL-CIO.
Memorandum allows facilities to share information and ideas.
EVERETT — Paine Field airport entered into a cooperative relationship this week with the Shanghai Airport Authority in China.
A memorandum of cooperation allows the two airports to share information about best business practices for tourism promotion and airport design ideas and other activities. It does not create any legally binding rights or obligations.
The partnership increases Snohomish County’s visibility with a key economic power and links Paine Field to “another global center for aerospace innovation,” Snohomish County said in a tweet. The county owns and operates Paine Field.
The agreement notes that both airports have “a strong connection” to the Boeing Co.
The Shanghai Pudong Airport is home to Boeing Shanghai Aviation Services. The company provides maintenance, repair and overhaul work for commercial jets, including 787-8 Dreamliners. Paine Field is home to Boeing’s assembly plant for the 747, 767, 777 and 787 aircraft.
China is an important trading partner for the region and Snohomish County, noted Patrick Pierce, president and CEO of Economic Alliance Snohomish County.

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