you don t charge police officers with false arrest or assault based on the fact they thought they had probable cause and didn t. there s an issue about whether that knife was legal. if you do that what will happen you can sue the police department but if you do that what happens is police officers will stop making arrests. she s criminalizing bad decisions. in her opinion, bad decisions by the cops. judge alex and yourself there. that was a mistake. let s end it on a happy note after of agreement. none of the lawyers believe she should be disqualified. there s a question of whether they can get a fair trial in baltimore. that s a separate question of whether there needs to be a change of venue here and mark furman is moments away on that. a big question in this case is about a man who could prove to be the key witness. the only person who shared the van ride with freddie gray to the police station. and the question now is whether
there s no evidence of that. they don t have the evidence to prove rough ride but a negligence. you saw him. asking for a medic. their argument is as the ride went on, he was more distress and eventual stops, there were five of them altogether between the arrest and the time of the police hq sayinging get me help get me help and blown off. that leads me to the other two defendants. sergeant white and officer porter. porter checked on gray and allegedly told that gray would not breathe and needed a medic. he put him on the bench without seat belting. charged with manslaughter. once again, white is similar. she was there at the fifth van stop. very last one and say that she spoke to the back of his head and didn t respond and didn t do anything about it. how is that manslaughter? especially white. she really did nothing at all except say, are you okay? he didn t respond and said just take him to the precinct.
because this seems to have played a role in the catastrophic injury up from jumping around in the van or rough ride or whatever the evidence will show. not getting him a medic, just because he says i can t breathe, isn t going to cut it. the reality of policing and there will be testimony 0 this effect is defendants placed under arrest after they just lead the police on a foot chase will say all sorts of things to try to get out of the instant situation to say i need help go to a hospital instead of police hq. it is not the case just because he says i can t breathe and i need a medic that the cops have to shut down the arrest and run and get an ambulance. see, i agree with you because i ve been on ride-alongs and as a prosecutor i know that s what happens. they ll say, oh take me to the hospital. get out of here. you don t need the hospital. they have to be educated jurors significantly poisoned by the prosecutor s remarks that not everyone that says i need
so-called rough ride. and so far, it looks like that s admitted by the state. that officer goodson s charges relate to the fact of someone in%ñ the back who thier going to argue he knew was in distress and that he didn t get him help, mark 37. if you believe everything, certainly i question a lot of the evidence, give them the benefit of the doubt, at worst you have negligence. you don t have recklessness. there is a difference between the two. one requires a willful and wanton disregard of human life or property. and slamming on the brakes and give him a rough ride, it s reckless. i wouldn t say negligence. negligence is when you don t mean to do something. if he said i m going to give him a rough ride there s no evidence of that. they don t have the evidence to prove rough ride but a
either. we don t think gray was bouncing his head against the wall. we think the police officers said let s take him for a rough ride and the driver ernlly hit the brakes. right. but he he is the defense s best evidence that freddie gray did this to himself. that he was on drugs. which the autopsy report shows. that he was acting erratically. he got up in the back of the van to hurt himself. that s their theory. unless you have an expert like you had and said somebody could not cause this injury by themselves. correct. hold on. go ahead, mark. okay. all they have to do is create reasonable doubt. they don t have to say this witness is credible and thus this happened. they just have to come up with that as being a reasonable hypothesis of innocence. let me finish. baden said another possibility is that gray was injured prior to getting into the van and