[JURIST] A judge for the Circuit Court for Baltimore City [official website] denied defendants’ request [official transcript] Thursday to remove the cases against the six police officers involved in the death of Freddie Gray out of Baltimore to another jurisdiction. The defendants’ main argument was that they could not receive a fair and impartial jury trial in Baltimore due to the heavy media coverage of Gray’s death and the public officials who had definitively spoken out against the officers. However, Judge Barry Williams [official profile] stated that the argument of widespread media coverage works against the defendants, as current technology provides instant access to that media coverage everywhere in the US. He also stated that precedent seems to indicate voir dire, the jury selection process, is the appropriate time to determine jury prejudice, because a blanket presumption of prejudice would call for mandatory removal in every high-profile case. Williams did note that the decision to keep the trials in Baltimore is not final:
Now, obviously, implicit in my ruling is the understanding that the results of voir dire may necessitate reconsideration of this ruling. I will entertain any appropriate motion, if necessary, to reconsider my ruling if, during the voir dire process, defendants can meet the legal threshold for a transfer of venue.
With six separate cases, the court must find 12 jurors plus alternates for each trial.
Gray’s arrest and death led to widespread protests and civil disorder in the city of Baltimore. Earlier this week Baltimore reached a tentative agreement with Gray’s family to pay $6.4 million in settlement [JURIST report]. Last week Williams rejected [JURIST report] motions to drop charges against the six police officers implicated in the Gray case. Gray was a black man who was injured in police custody and later died in April. In May the State’s Attorney for Baltimore City announced [JURIST report] the indictment of the police officers on charges including murder and manslaughter over the death Gray. In April Amnesty International urged Baltimore police to exercise restraint [JURIST report] during protests, prioritize non-violent means and limit the use of force. Also in April, amidst national concern about police behavior, the US Department of Justice announced a $20 million body camera grant [press release] program that includes training, technical assistance and evaluation to accompany $17 million for local law enforcement agencies to purchase body-worn cameras.