LEGAL Baltimore offers $6.4 million to settle Freddie Gray case

[Housecarl]

For links see article source.....
Posted for fair use.....
http://www.reuters.com/article/2015/09/08/us-usa-police-baltimore-idUSKCN0R81TZ20150908

US | Tue Sep 8, 2015 1:38pm EDT
Related: U.S.

Baltimore offers $6.4 million to settle Freddie Gray case

By Ian Simpson and Suzannah Gonzales


Baltimore has reached a tentative $6.4 million settlement with the family of Freddie Gray, a black man who died from an injury sustained in police custody, city officials said on Tuesday.

The settlement with his family will be submitted to the Baltimore Board of Estimates for a vote on Wednesday, the office of Mayor Stephanie Rawlings-Blake said in a statement, adding that it does not constitute an admission of liability.

It will have no effect on the criminal trials of six officers charged with Gray's death in April, the statement said. His death from a spinal injury following arrest sparked protests and rioting, and fueled a U.S. debate on police treatment of minorities.

"The proposed settlement agreement going before the Board of Estimates should not be interpreted as a judgment on the guilt or innocence of the officers facing trial," Rawlings-Blake said, adding that it would resolve related civil claims against Baltimore and avoid drawn-out litigation.

Baltimore City Circuit Court Judge Barry Williams last week ordered individual trials for the officers charged in Gray's death. The charges range from second-degree murder to assault and misconduct.

On Thursday, Williams will hold a hearing to determine whether the trial should be moved from the largely black city of about 620,000 people because of the uproar over Gray's death.

Officers arrested Gray, 25, on April 12 after a foot chase in crime-ridden West Baltimore. He was bundled into a transport van while in handcuffs and shackles and was not secured with a seatbelt.

Gray died a week later from a spinal injury and a medical examiner ruled the death a homicide. Three of the officers charged are white and three are black.

The city hall statement said Gray's family would be paid $2.8 million in the current fiscal year and $3.6 million in the one starting July 1, 2016. The Board of Estimates controls city finances, and its five members include the mayor.

The payout would be the latest in a long line of settlements by Baltimore over allegations of police brutality. Since 2011, the city has paid a total of $5.7 million in police-related court judgments and settlements, according to the Baltimore Sun.

 

[Publius]

6.4 million pay off for the loss of a burden on society?

 

[Laurane]

Too bad poor Freddie, who had been trying to do these injury scams for a while, isn't around to enjoy the fruits of his labours.

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Prosecutors in the office of Baltimore city state’s attorney Marilyn Mosby directed police investigators to withhold evidence from the attorneys for the six cops charged in the Freddie Gray case that the 25-year-old had a history of taking part in “crash-for-cash” scams carried out in order to obtain legal settlements.

That’s according to a motion filed by the officers’ attorneys on Thursday. According to The Baltimore Sun, the attorneys obtained the information from witnesses for the prosecution.

If true, Gray’s scheme and prosecutors’ withholding of potentially exculpatory evidence would be the latest blow to Mosby’s case against the cops.


Read more: http://dailycaller.com/2015/08/07/b...ddie-gray-crash-for-cash-scams/#ixzz3lAmJOYav

 

[summerthyme]

Too bad poor Freddie, who had been trying to do these injury scams for a while, isn't around to enjoy the fruits of his labours.

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Prosecutors in the office of Baltimore city state’s attorney Marilyn Mosby directed police investigators to withhold evidence from the attorneys for the six cops charged in the Freddie Gray case that the 25-year-old had a history of taking part in “crash-for-cash” scams carried out in order to obtain legal settlements.

That’s according to a motion filed by the officers’ attorneys on Thursday. According to The Baltimore Sun, the attorneys obtained the information from witnesses for the prosecution.

If true, Gray’s scheme and prosecutors’ withholding of potentially exculpatory evidence would be the latest blow to Mosby’s case against the cops.


Read more: http://dailycaller.com/2015/08/07/b...ddie-gray-crash-for-cash-scams/#ixzz3lAmJOYav

That's what I was thinking- "poor" Freddie would be SO happy about this! Of course, even if he HAD managed to survive the scam, he wouldn't have lasted more than a few months (yeah, I'm being wildly optimistic here) given his propensity for using his available cash to get high. Actually, I'd predict he'd be found dead of an OD within a week...

If I were a responsible person still living in Baltimore (of any color) I'd be out of there so fast you wouldn't see my dust. (of course, that would have happened probably 20 years go, but still.... if I were still there somehow, now)

Between the cops no longer feeling they have ANY chance of being supported by the politicians OR the legal system, the jungle bunnies killing off anyone they wish, and the certainty that property taxes are going to go absolutely stratospheric to pay off the new "ghetto lottery" recipients, what reason could you possibly have to stay?

Summerthyme

 

[Mr. Peabody]

The taxpayers in Baltimore get the privilege to payoff the FSA families for committing crimes.

 

[Laurane]

If the police are exonerated, does the family have to give the money back?.....

 

[Mr. Peabody]

If the police are exonerated the tax payers will have to cough up 5 billion more to fix the destruction of the FSA riots.

 

[Sleeping Cobra]

Taxpayers offers $6.4 million to settle Freddie Gray case

 

[Steel Chips]

"The taxpayers in Baltimore get the privilege to payoff the FSA families for committing crimes."

"Taxpayers offers $6.4 million to settle Freddie Gray case"

Hmmm, you should be aware that Baltimore is a corporation and, like other corporations, carries liability insurance for these payouts. Their insurance company would probably be involved in determining these settlements, like the liability insurance on your car if you were at fault in an accident. The effect on the taxpayer would be minimal, possibly a deductible. Also, a civil trial would probably mean a much greater award from a jury in Baltimore, so the insurance company would want to avoid it.

Liability insurance is why cops and politicians rarely do anything to curb problems created by government employees. In essence, they don't care.

 

[Dozdoats]

Another set of WINNERS in the ghetto lottery!

 

[BetterLateThanNever]

Only in America can a out of control thug make his parent(s) multi-millionaires.

 

[Dash]

That's what I was thinking- "poor" Freddie would be SO happy about this! Of course, even if he HAD managed to survive the scam, he wouldn't have lasted more than a few months (yeah, I'm being wildly optimistic here) given his propensity for using his available cash to get high. Actually, I'd predict he'd be found dead of an OD within a week...

Summerthyme

Based on what I saw the few times they let his mother speak on camera I don't think she will last much longer then a week herself once she gets that settlement money in her hands.

 

[Melodi]

The thing is, and I have not followed this case carefully myself; is that it doesn't matter how big a dork, or what sort of person he was; what matters is did the cops (and on their behalf the city) break the law?

That is often a hard thing to swallow; it is like when they first started using DNA evidence to show people were innocent of a murder they were in jail or on death row for; in a lot of cases the people found "innocent" by DNA, might not be very nice people and likely guilty of other things. The issue simply was though, they were NOT guilty of the crime they had been "sent up" for, because DNA showed someone else did it.

Not all cases are that cut and dried; and this person does not sound like a very nice one either; but I suspect the City or Country's insurance company has looked at the evidence and figured it was cheaper to settle than to fight; and if they are settling for such a large amount of money even before the criminal trial; then they really think there is little hope of the police being found totally innocent of any wrong doing that led to the death (which is not the same thing as the police having committed murder).

I used to work in insurance and they never like to pay out, especially awards like this; so their bean counters have decided that 6.5 million is cheaper than fighting a case, and that they don't think they are likely to win it either (or even if they did, they would not get costs back because you can't get money out of someone who doesn't have any).

 

[Josie]

I thought that payouts were commensurate with a person's earning potential. I didn't know that pond scum earns $6.4 million in a lifetime.

 

[BetterLateThanNever]

I thought that payouts were commensurate with a person's earning potential. I didn't know that pond scum earns $6.4 million in a lifetime.

Not unless your name is Drug kingpin Joaquin “El Chapo” Guzman.

 

[TerryK]

If the police are exonerated, does the family have to give the money back?.....

Crazy isn't it. The officers haven't even been tried yet and the city is willing to pay out millions.
What if they are found innocent?

This is what happens when the Black Lives Matter supporters are running a government. Truly sad.
Why would anyone want to live or do business in such a place?

 

[Melodi]

I thought that payouts were commensurate with a person's earning potential. I didn't know that pond scum earns $6.4 million in a lifetime.

Not always, it depends on the type of action and situation; now I also happen to think that 6.5 million is way over the top, especially without a conviction; and this wasn't even a jury award (which as I've mentioned in the past, often get excessive because there may be no guidelines at all for the jury, the one I was on didn't have any).

But because the figure is so very high, it also would appear the beans counters have a pretty good idea they would loose and loose big if they tried to fight this; the standards for civil awards are not the same as for criminal ones. That's why people like OJ could beat a murder wrap but not the civil case against him, so even if the cops "get off" the insurance company must have felt they would not improve their chances by waiting.

Or they simply decided it was cheaper to settle (that happens a lot) but at 6.5 million, that's a heck of a big "cheaper" and also demonstrates why insurance rates are often so high...

 

[summerthyme]

The thing is, and I have not followed this case carefully myself; is that it doesn't matter how big a dork, or what sort of person he was; what matters is did the cops (and on their behalf the city) break the law?

That is often a hard thing to swallow; it is like when they first started using DNA evidence to show people were innocent of a murder they were in jail or on death row for; in a lot of cases the people found "innocent" by DNA, might not be very nice people and likely guilty of other things. The issue simply was though, they were NOT guilty of the crime they had been "sent up" for, because DNA showed someone else did it.

Except, there doesn't seem to be ANY proof that anyone did "break the law". There hasn't been a trial, and there has been ample evidence that poor Freddie was a frequent flyer in more than one sense- a convicted felon, a known drug dealer, and a known "ghetto lottery" (fake injury lawsuit) player.

So this "settlement" seems more than a little premature, as well as WAY over-the-top under almost any justification you can think of.

Also, your belief that the 'bean counters' have taken ANYthing into account except the fact that poor Freddie was black, and that the city is gonna burn if the officers are acquitted is a bit naive. This ain't Kansas anymore...

Summerthyme

 

[Faroe]

A city full of bored people who have nothing much to do but riot...
Neither the outcome, nor the true merits of the case would have mattered.
This payout was "make it go away" money.

 

[undead]

that loser's life was not worth a tenth of that

the only upside to this is that since Baltimore is largely black, and the whites there are primarily metrosexual leftists, they're stupidly opening their own friggin' wallets to pay for this drug addict's hide

 

[TammyinWI]

What a crock, unbelievable.

This is going to give some opportunist scammers some brilliant ideas.

 

[irked77]

Really? You people are something else......has your racism blinded your eyes and hardened your hearts this much? They severed his spine and all you can do is make racists comments about him and his family. I don't care how many times he went to jail or his past history, nobody deserves to be treated in that fashion. Most of you claim to be Christians, these comments prove otherwise.

 

[TammyinWI]

Really? You people are something else......has your racism blinded your eyes and hardened your hearts this much? They severed his spine and all you can do is make racists comments about him and his family. I don't care how many times he went to jail or his past history, nobody deserves to be treated in that fashion. Most of you claim to be Christians, these comments prove otherwise.

Well, he was supposed to be bed-ridden, on doctor's orders, after surgery, but he was out dealing drugs instead. He was a known scam artist.

 

[Firedave]

An Obummer voter

 

[irked77]

Not at all, this country has something called due process. In no situation do the police have the right to use that much force. I guarantee you if this happened to someone you knew your opinion wouldn't be the same. FYI, my political affiliation has nothing to do with right and wrong. Your comment shows you had nothing intelligent to add so you spout off about nothing.

 

[TammyinWI]

I for one hope that justice will be served, that the darkness will be exposed, and that the truth will come out.

We are in times where cops are being demonized, and yes, some are corrupt, but many are very good people- doesn't matter what race or color.

And, well, I do know of some people that might deal drugs. I am not sure, but I pray for them. I am not any better than the next person, but out of necessity, maintain a distance from those that are partaking in illegal activity.

I have been exposed to some abuse and mistreatment, years ago, from people that use, and am adverse to it.

 

[Vulture45-70]

Wonder how many bullets that would buy to displace-how many Nig Nogs. At a dime a round-light loads-Izzzz gots to figure dat one out

 

[TammyinWI]

On MSM news, they were saying that usually cases like this are not settled until after the investigation is complete, and never, ever within 5 months of the incident.

Someone has their fingers in the cookie jar...corruption at its worst.

 

[Mixin]

Posted for fair use

By JULIET LINDERMAN
Sep. 8, 2015 7:04 PM EDT
BALTIMORE (AP) — The parents of Freddie Gray reached a tentative $6.4 million settlement with the city of Baltimore, nearly five months after their 25-year-old son was critically injured in police custody, sparking days of protests and rioting.

The deal announced Tuesday appeared to be among the largest settlements in police death cases in recent years and happened just two days before a judge is set to hear arguments on whether to move the trials for six officers charged in Gray's death from Baltimore.

Gray's spine was injured April 12 in the back of a transport van after he was arrested. Gray, who was black, died at the hospital a week later. In the aftermath, Gray became a symbol of the contentious relationship between the police and the public in Baltimore, as well as the treatment of black men by police in America.

The city's Board of Estimates is expected to approve the settlement Wednesday.

"The proposed settlement agreement going before the Board of Estimates should not be interpreted as a judgment on the guilt or innocence of the officers facing trial," Mayor Stephanie Rawlings-Blake said in a news release. "This settlement is being proposed solely because it is in the best interest of the city, and avoids costly and protracted litigation that would only make it more difficult for our city to heal and potentially cost taxpayers many millions more in damages."

The settlement does not resolve any factual disputes, and expressly does not constitute an admission of liability on the part of the city, its police department or any of the officers. The settlement has nothing whatsoever to do with the criminal proceedings, the news release said.

An attorney for Gray's family declined to comment.

The proposed payment in the Gray case is more than the $5.7 million the city of Baltimore paid in total for 102 court judgments and settlements for alleged police misconduct between 2011 and last fall, according to an investigation by The Baltimore Sun. The city paid another $5.8 million for legal fees to outside lawyers who represented officers, the newspaper reported.

The amount of the settlement exceeds what the family could have won in state court; Maryland has a $400,000 cap on damages for those who win judgments over police misconduct. However, cases that involve grave injury or death — and the possibility of civil rights violations — frequently wind up in federal court, where the cap does not apply.

Even more unusual than the monetary amount, experts say, is the timeline: the city agreed to a settlement before the family filed a lawsuit.

Experts say the city's willingness to pre-empt a lawsuit could have an impact on the officers' ability to receive a fair trial in Baltimore.

"Damages would have been paid if the city went to trial and they're willing to settle it. But they tell us it's by no way an admission of fault by the police officers," said David Harris, a law professor at the University of Pittsburgh. "There's no doubt that this will figure in to the hearing for change of venue. If I was an attorney for a defendant I'd be revising my motion right now to say the settlement was made to persuade the jury pool that the officers did something wrong."

Douglas Colbert, a professor at the University of Maryland Francis King Carey Law School, said the settlement is a step in restoring the public's faith in local government and mending the relationship between the citizens of Baltimore and elected officials.

"It's a big step toward a different type of policing," Colbert said, "and a relationship with the community that deters misconduct."

In July, New York City settled for $5.9 million with the family of Eric Garner, an unarmed black man who died after being put in a white police officer's chokehold. The city of Chicago settled in 2001 a wrongful death lawsuit by the family of LaTanya Haggerty, a black woman who was shot to death by a black officer who mistook her cellphone for a weapon, for $18 million.

But Eugene O'Donnell, a professor at John Jay College of Criminal Justice, said such settlements are damaging for communities and self-serving for governments. By paying off family members, O'Donnell said, cities can prevent real scrutiny of political and social ills that allowed misconduct to occur.

"It's all too easy to take public money and hand it over to people and say, 'Well, this is a big aberrational mistake and we're going to make it good,' and it generally absolves the policymakers and the people in power of responsibility, when in fact the mistakes are systemic and reflective of a lack of leadership," he said.

The head of Baltimore's police union condemned the agreement.

"To suggest that there is any reason to settle prior to the adjudication of the pending criminal cases is obscene and without regard to the fiduciary responsibility owed to the taxpaying citizens of the city," Lt. Gene Ryan said in a statement.

All six officers, including Edward Nero and Garrett Miller, are charged with second-degree assault, misconduct in office and reckless endangerment. Lt. Brian Rice, Sgt. Alicia White and Officer William Porter also face a manslaughter charge, while Officer Caesar Goodson faces the most serious charge of all: second-degree "depraved-heart" murder.___

Associated Press writer David Dishneau in Hagerstown, Maryland, contributed to this report.

http://bigstory.ap.org/article/e908...679ec40/freddie-grays-family-settles-city-64m

 

[MountainBiker]

With $6.4 million, this family will be able to buy their way into any of the better neighborhoods in Baltimore. I hope they move next door to the Mayor or District Attorney.

 

[Mixin]

Baltimore Mayor Rawlings-Blake says she won't seek re-election
Published September 11, 2015 Associated Press

Baltimore Mayor Stephanie Rawlings-Blake said Friday that she will not seek re-election next year, nearly five months after the city erupted in rioting following the death of a man injured in police custody.

Rawlings-Blake announced Friday at a news conference called only 90 minutes earlier that she will not run for mayor again. The news comes just days after officials said the city would pay Freddie Grays family $6.4 million to settle civil claims over his spinal injury.

The mayor said she believes she could have won re-election, pointing to her work on the city's budget and pension system. However, she said, not seeking re-election was the best decision.

"It was a very difficult decision, but I knew I needed to spend time focused on the city's future, not my own," she said.

The Democrat assumed the post in 2010 when her predecessor, Sheila Dixon, stepped down after a conviction for embezzling gift cards for needy families and a separate plea for lying about gifts from her developer ex-boyfriend. Rawlings-Blake won the 2011 Democratic primary with about 52 percent of the vote in the heavily Democratic city.

Rawlings-Blake, the daughter of a popular state delegate, worked as a public defender and was the youngest person elected to the City Council at age 25 in 1995. She became Council president in 2007.

Some questioned her readiness to lead the city at first, but she won praise for her handling of snowstorms and budget gaps. That praise turned to criticism as many blasted her handling of the unrest following Gray's death.

In July, she fired Police Commissioner Anthony Batts and appointed one of his deputies in the interim.

Several people, including Dixon, have announced plans to seek the Democratic nomination in the April 26 primary. The general election is often seen as a formality in the heavily Democratic city, which hasn't had a Republican mayor since 1967. The city recently shifted its election cycle to bring it in sync with the state and federal election cycle to attract more voters.

http://www.foxnews.com/politics/2015/09/11/baltimore-mayor-wont-seek-re-election/ Good video at the link.

 

[Dennis Olson]

Mixin, I think that deserves its own thread.