LI: Freddie Gray Trial: Defense Witnesses Further Crush State’s Case


From my post over at Legal Insurrection:

We’re now into the second day of the defense’s case in the “Freddie Gray” trial of Police Officer William Porter, and it looks more and more like this prosecution has even less of a leg to stand on than did the prosecution of George Zimmerman.

In the Zimmerman trial one could at least reasonably argue that Zimmerman made a tactical, if not legal, error in placing himself in an ambush zone, and got himself ambushed. In Porter’s case it looks increasingly like he did nothing, literally nothing, wrong in his interactions with Gray.

For illustrative purposes, let’s consider the most serious of the charges for which Porter is being tried, involuntary manslaughter (essentially the same analysis applies to the lesser charges of second-degree assault, misconduct in office and reckless endangerment, as well, but I only have so much time for blogging).

First let’s note that even the prosecution concedes that Porter committed no affirmative act that caused Gray harm. They are therefore attempting to convict him of involuntary manslaughter based on a failure to act, an “act of omission.”

To read the whole thing, click over to Legal Insurrection.