Freddie Gray case: Officer Edward Nero opts for bench trial, to begin Thursday
By Kevin Rector, Justin Fenton | The Baltimore Sun | May 10, 2016Officer Edward M. Nero, one of the six Baltimore police officers charged in the arrest of Freddie Gray, formally elected to have a bench trial, which will begin Thursday morning in a downtown courtroom.
Prosecutors and Nero's defense attorneys appeared before Circuit Judge Barry G. Williams at a pre-trial hearing Tuesday to discuss a range of written motions filed in advance of the trial's start this week.
The hearing began with Nero's selection of a bench trial, which his attorney, Marc Zayon, said they had discussed "a million times."
Williams, who will now be the sole decider of Nero's guilt or innocence, said arguments in the case could conclude as early as next week — setting the stage for the first verdict in the closely watched proceedings.
Williams said he was satisfied that Nero understood the implications of his choice and that it is difficult to reverse that decision.
In his role deciding the verdict in the case, Williams said he is "certainly not going to be swayed by emotions."
[...]Williams said Nero's selection of a bench trial had changed some of his rulings on the motions in "a minor way," but did not elaborate. He then outlined those rulings, many on the admissibility of certain evidence and testimony.
Williams ruled that Gray's fatal injuries suffered in police custody can be mentioned, denying a defense requet to block that information. But he also denied a request from prosecutors to call medical experts to go "step by step" through those injuries.
Williams also granted a defense motion asking the court to prevent prosecutors from questioning whether the knife that was found clipped to Gray's pants pocket during his arrest was illegal.
Baltimore State's Attorney Marilyn J. Mosby said the knife was legal under Maryland law when she first announced charges May 1 against Nero and the other officers, but prosecutors backed away from that argument after the officers argued that the knife was illegal under city code.
Nero and the other officers have said the knife served as the probable cause for Gray's ultimate arrest, after his detention — which they say was based on reasonable suspicion.
[...]Beyond the motions from prosecutors and the defense, Williams also addressed a third-party motion filed by The Baltimore Sun and other media outlets, asking for broader transparency and increased access to documents and court proceedings in the officers' trials.
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