Freddie Gray cases: no convictions, but a lesson
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Prosecutors on Wednesday dropped all charges against the three remaining Baltimore police officers awaiting trial over the death of Freddie Gray, concluding a landmark police brutality case without any convictions.
The trials had captured nationwide attention amid a two-year national debate over the police use of lethal force against black men. Mr. Gray鈥檚 death last April, among others, helped ignite that debate 鈥 and his was also the first to result in criminal charges.
For some, the decision to drop the remaining cases was justice 鈥 marking the end of what they considered unfair prosecutions of police. But others hoped that a conviction might demonstrate a new level of accountability for police officers, fostering greater trust in black communities for the officers who serve them.
But Wednesday鈥檚 decision illustrates that 鈥 despite the forward momentum in some areas of police reform and accountability 鈥 the courts are unlikely to lead the effort to restore that trust. The effort, experts say, will need to begin with police themselves.
鈥淵ou want accountability? Police officers themselves have to start that,鈥 says Charles Wilson, national chairman of the National Association of Black Law Enforcement Officers. 鈥淭he typical officer, they鈥檙e not being given any true incentive to turn in an officer that they know or they see is doing something improper.鈥
In many ways, the lack of convictions in the Baltimore cases is not surprising.
Prosecutions of police officers are rare, and convictions are rarer still, due to the high burden of proof prosecutors face in showing that an officer鈥檚 use of force was unreasonable. A record 12 officers were prosecuted for fatal shootings last year, for example, but none were convicted.
Gray died from injuries sustained in a police transport van, and six officers were charged 鈥 with charges ranging from misconduct to second-degree murder. Of the four cases that went to trial, one ended in a mistrial and three with acquittals from Judge Barry Williams.
Marilyn Mosby, the state鈥檚 attorney for Baltimore, argued Wednesday that there is an 鈥渋nherent bias鈥 whenever 鈥減olice police themselves.鈥 In the Baltimore cases, the prosecutors鈥 task was made harder by 鈥渃onsistent bias鈥 at 鈥渆very stage鈥 of the department鈥檚 investigation, she said.
Lt. Gene Ryan, president of the Fraternal Order of Police Lodge 3 鈥 the union that represents the six officers and paid for the defense 鈥 called Ms. Mosby鈥檚 comments 鈥渙utrageous and uncalled for and completely untrue,鈥 .
Still, the case showed that convicting police officers remains difficult, even in the post-Ferguson era, says Kami Chavis-Simmons, a former United States attorney who now directs the criminal justice program at the Wake Forest University School of Law.
But the courts are not the only vehicle for change 鈥 or perhaps even the best one.
鈥淭here are a lot of different ways we can deter police misconduct but hold police officers accountable,鈥 she adds. 鈥淭he criminal justice system is only one of those ways.鈥
Public confidence in police is at it lowest point in 22 years, , and recent attacks on police officers in Dallas and Baton Rouge, La., suggest that the declining confidence is actually becoming a risk. Breaking 鈥渢he blue wall of silence鈥 and making sure fellow officers are held to account for wrongdoing might actually be in an officer鈥檚 best interests, says Mr. Wilson of the National Association of Black Law Enforcement Officers.
A reckless officer 鈥済oes out in the community, starts a problem with somebody, and leaves,鈥 he says. 鈥淚 come in on the next call and people are still [angry], so now I鈥檓 in danger. The idiot made my job harder, the idiot placed my job in jeopardy, the idiot placed my safety at risk.鈥
Cameron McLay, chief of the Pittsburgh Police Department, made a similar point at the Democratic National Convention Tuesday.
鈥淥ur communities are arguably safer than ever,鈥 . 鈥淗owever, absent a sense of justice, less crime in your neighborhood is a hollow victory.鈥
Changes need to begin at the hiring process, says Professor Chavis-Simmons.
鈥淎re they bringing in people who have integrity, and are independent,鈥 she asks, 鈥渁nd who are going to be willing to blow the whistle when they see wrongdoing?鈥
That isn鈥檛 the case in many police departments at the moment, Wilson says.
鈥淲hen you鈥檙e hired, you鈥檙e trained with the concept that your only friend is the officer next to you,鈥 he says.
Instead, he adds, officers must realize that a 鈥渟crew-up鈥 is 鈥渏ust as much a danger to you as a police officer as they are to people in the community 鈥 and maybe more so.鈥