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State's Attorney: Gray's Death Was a Homicide. Aired 10:30-11a ET

Aired May 01, 2015 - 10:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


[10:29:48] PETER MOSKOS, FORMER BALTIMORE POLICE OFFICER: But let me be clear. I'm not saying everyone in that community is bad, of course not. But police have to deal with a very small segment of that community.

BROOKE BALDWIN, CNN ANCHOR: Peter, let me stay with you because as a former officer here in this city, you know, when you hear that the commissioner here, Anthony Batts, told everyone yesterday for the first time that there was this previously undisclosed stop that this prisoner transport van made, you know, that makes people in the community who I have spoken with say, hang on a second. Could there have been a cover-up or could there have been just an absolute innocent error? How do you read it knowing the city police department here?

MOSKOS: I'm sorry, was that to me?

BALDWIN: Yes, it was. Did you hear me?

MOSKOS: Well, no. I'm sorry. I just had audio problems. Everything is fine. The stops -- Look, I don't know. That's the short -- long and short of it. It's not crazy that a wagon would make some stops. This is a routine thing. Unfortunately tens of thousands of arrests happen every year in Baltimore City.

So, yes, the van might stop but, of course, in this case we don't know because even in the best case scenario there's a problem because somebody went in, in handcuffs alive and came out dead. Police know that they're responsible for their prisoners. So clearly something went wrong. It's just a question of how and what?

BALDWIN: Peter, Antonio -- please stand by. I have my colleague Ashleigh Banfield -- she is just across the street from me. Again I've got my eye on that because that is when we'll be hearing from the state attorney here, Marilyn Mosby.

Ashleigh Banfield -- do you see -- any sign of her yet?

ASHLEIGH BANFIELD, CNN CORRESPONDENT: No sign yet but a phalanx of media, Brook. It's pretty remarkable how quickly you can announce there's going to be an ad hoc news conference and how, I'd say between 50 and 100 journalists, cameras and electronics show up.

Here's the thing. I think your last guest just nailed it by saying the how, the why and the what. This is what the city is waiting for and effectively people across the country are waiting for as well. It may just be a case about Freddie Gray, one person, but make no mistake it's not just about Freddie Gray. It's about how this administration is going to handle the information regarding Freddie Gray and whether any changes will come of it.

Here's another issue. Marilyn Mosby is going to be faced with a very big task and that is to try to help communicate to the people of Baltimore this process is not fast. The justice process is not fast. If it is, it's not good.

That's a really tough order because as the Reverend Jamal Bryant told me just a little while ago, Brooke, some people in this city are expecting actual verdicts today. That's just not going to happen. I highly doubt that the state's attorney is going to come out to this podium behind me and announce indictments. That is just so unlikely.

Look, anything can happen but it is so unlikely. There is a massive file -- and I say that just literally -- a massive file that landed in her office. And it is going to take days and weeks and manpower to go through it.

And let's not also forget that the state's attorney is also going to be conducting her own investigation parallel to what the police have done. And then there's the DOJ, the Justice Department also conducting its investigation as well.

So there's just myriad different sources of information, Brooke, that are going to have to converge in order for an accurate picture -- factual picture of what happened to Freddie Gray that day. If that's even possible, Brooke, because, listen, a lot of different people involved, a lot of different sources of information. It's going to be a very tricky process.

BALDWIN: Ok. Ashleigh Banfield, I'm with you. And I'm listening.

I also have some late breaking news here. Ok. Not yet. Working on confirming this news as we wait to hear from Marilyn Mosby. Again to you with your legal mind, Ashleigh Banfield -- are you still with me? Can you hear me over the sirens?

BANFIELD: I'm still with you, yes.

(CROSSTALK)

BANFIELD: I'm facing you behind the city hall and I think we just got a notice that she's going to be out shortly with her announcement -- Brooke. Go ahead.

BALDWIN: Out shortly. So again, people in the community to your point I just talked to the Reverend, as well, Jamal Bryant. People in the community are expecting charges. They're expecting some kind of verdict. And again, to manage expectations as you have explained so eloquently, you are saying that the reality of that is not likely because she was just handed the Baltimore City police investigation just yesterday. We've learned today she's just been handed the report, the full

autopsy of 25-year-old Freddie Gray from the medical examiner's office. Do we have any idea how long it might take in cases like this to come to any kind of conclusion and possible criminal charges?

BANFIELD: Great question. Yes. If -- and there's the big one -- if there is a conclusion and if there are criminal charges that will be afoot, no, I can't tell you that. I don't think anybody including people in these buildings right here in the city square where city hall is located -- this is the war memorial behind me where the state's attorney will make her announcement, but no. There's a massive job ahead.

[10:35:03] I don't care how much manpower you have it takes a long time. There's a reason why when you're facing murder trials, it's usually upwards of a minimum of two years before somebody walks into a courtroom and faces a judge for the actual trial and faces a jury. Two years is a pretty quick process in murder trials.

Now you have the eyes of this entire city laser focused on this case and every single detail, every t that needs to be crossed, every i that needs to be dotted, every witness that needs to be interviewed, re-interviewed and corroborated, every secondary witness that needs to corroborate the credibility of the first witness.

Let's go back to Ferguson. Those first witness accounts turned out not to be exactly as they were when we first heard them. So these are the kind of things that need to go on. And that's a massive undertaking.

Like I said, she's new in office -- three months now and had not held public office before. She was effectively in-house counsel for an insurance corporation. So this is a very different kind of work. And there will be many different bodies within city government and I dare say state government as well and federal government that are going to be playing a hand in this.

So with all of the investigations that she has to do, with all of the material that's been handed over from the police, with the DOJ also working in concert -- absolutely don't expect major announcements today. Perhaps -- and I'm just going to take a wild guess here -- but perhaps Marilyn Mosby will take that podium to appeal to this city for calm and patience first and foremost. To announce that perhaps she now has the results of the medical examiner and the autopsy, which we have now been, you know, we've heard bits and pieces, dribs and drabs, leaked from one of our affiliates here in Baltimore that it effectively has some corroboration for an injury that Freddie Gray sustained that matches a bolt in the back of the police van.

That may be one of the injuries. There may be other injuries. In fact there may be so many that the medical examiner's report and the autopsy could be extraordinarily comprehensive and accepted (ph) may take days or weeks to assess just in itself. So a lot of information and I just can't stress enough, do not expect to hear major movements today from the podium. BROOKE: Ashleigh Banfield, we're not going to go too far from

you and that war memorial as we wait to hear from the state attorney, Marilyn Mosby. As you point out been on the job four months, massive job ahead for her.

Stand by. We'll take it live.

Meantime, let's go just a little bit down the road to West Baltimore, this intersection. This is what they refer to as Penn- North, this community in West Baltimore. We have Rene Marsh standing by perhaps in anticipation of some news, an announcement or just speaking to her community. Rene what are you hearing from people where you are? What are you seeing?

RENE MARSH, CNN CORRESPONDENT: Well Brooke, I can't describe it any other way other than flooding the zone because that's what we've witnessed. We told you just a few minutes ago that we saw five bus loads of police officers in riot gear and then just a short time ago we had all of these members showing up in riot gear as well. You can see as far as the eye goes in this area. They really have flooded the zone. This happened within just a matter of minutes. It goes on and on here.

I was speaking to one of the officers and he tells me, look, the reason why we're out here and the reason we're out in these numbers is because of the news that this medical examiner's report has been delivered to the state attorney's office so they are prepared from block to block, corner to corner, in the event that anything happens.

At this point everything has been relatively calm but as you can see, I mean you just look all the way down this block and this is what you see -- Brooke. You see the riot gear. You see the police officers. They are standing. They're waiting just in case the mood changes.

But at this hour here at Pennsylvania and West North Avenue, things relatively calm. Of course, everyone hoping that it remains that way -- Brooke.

BALDWIN: We are all hoping it remains that way, Rene Marsh. Thank you so much. Stand by.

Again, live pictures on the right side of your screen. Any minute now we should be seeing the state's attorney here. She's the city prosecutor in the city of Baltimore. She's Marilyn Mosby. She's the one who has this huge case in her hands now -- this death of 25- year-old Freddie Gray. Will she bring charges?

She has to go through this entire investigation that's been dropped in her lap from Baltimore city police and also the medical examiner. Now, that's not her. Stand by. We're watching and waiting. Let's just listen.

UNIDENTIFIED FEMALE: In just a few seconds, state's attorney Marilyn J. Mosby will come out to speak with all of you. I want to make it clear that before she speaks, she will be joined by members of her executive team, which does include members of the police integrity unit as well as two independent investigators.

The state's attorney will take questions but keep in mind this is an ongoing investigation so that means that the answers may be limited if they can be answered at all.

[10:40:08] The correct spelling of the state's attorney's name is Marilyn -- M as in Michael-A-R-I-L-Y-N. Middle initial is J. Last name is Mosby, M as in Michael-O-S-B-Y. With that we'll get started. Thank you.

BALDWIN: All right. So you heard her say, I don't know if it's seconds or minutes but you can feel the anticipation here. This is the war memorial.

Here we go. This is just across from where I'm standing here at Baltimore City hall. I want to just stop talking. Let's just take the moment in.

MARILYN J. MOSBY, BALTIMORE STATE ATTORNEY: Good morning.

First and foremost, I need to express publicly my deepest sympathies for the family of the loved ones of Freddie Gray. I had the opportunity to meet with Mr. Gray's family to discuss some of the details of the case and the procedural steps going forward. I assured his family that no one is above the law and that I would pursue justice on their behalf.

To the thousands of city residents, community organizers, faith leaders and political leaders that chose to march peacefully throughout Baltimore, I commend your courage to stand for justice. I also commend the brave men and women, both in uniform and out, who have stepped up Monday night to protect our communities from those who wished to destroy it.

As the city's chief prosecutor, I've been sworn to uphold justice and to treat every individual within the jurisdiction of Baltimore City equally and fairly under the law. I take this oath seriously and I want the public to know that my administration is committed to creating a fair and equitable justice system for all. No matter what your occupation, your age, your race, your color, or your creed.

It is my job to examine and investigate the evidence of each case and apply those facts to the elements of a crime in order to make a determination as to whether individuals should be prosecuted. This is a tremendous responsibility, but one that I sought and accepted when the citizens of Baltimore City elected me as state's attorney. And it's precisely what I did in the case of Freddie Gray.

Once alerted about this incident on April 13th, investigators from my police integrity unit were deployed to investigate the circumstances surrounding Mr. Gray's apprehension. Over the course of our independent investigation, in the untimely death of Mr. Gray, my team worked around the clock, 12 and 14-hour days, to canvas and interview dozens of witnesses, view numerous hours of video footage, repeatedly reviewed and listened to hours of police videotaped statements, surveyed the route, reviewed voluminous medical records and we leveraged the information made available to us by the police department, the community and the family of Mr. Gray.

The findings of our comprehensive, thorough and independent investigation coupled with the medical examiner's determination that Mr. Gray's death was a homicide, which we received today, has led us to believe that we have probable cause to file criminal charges.

The statement of probable cause is as follows. On April 12th, 2015 between 8:45 and 9:15 a.m., near the corner of North Avenue and Mount Street, Lieutenant Brian Rice of the Baltimore Police Department while on bike patrol with Officers Garrett Miller and Edward Nero made eye contact with Mr. Freddie Carlos Gray, Jr. Having made eye contact with Mr. Gray, Mr. Gray subsequently ran from Lieutenant Rice. Lieutenant Rice then dispatched over departmental radio that he was involved in a foot pursuit at which time bike patrol Officers Miller and Nero also began to pursue Mr. Gray.

Having come in contact with pursuing officers, Mr. Gray surrendered to Officers Miller and Nero in the vicinity of the 1700 block of Pressberry Street. Officers Miller and Nero then handcuffed Mr. Gray and moved into a location a few feet away from his surrendering location. Mr. Gray was then placed in a prone position with his arms handcuffed behind his back. It was at this time that Mr. Gray indicated that he could not breathe and requested an inhaler to no avail.

[10:45:09] Officers Miller and Nero then placed Mr. Gray in a seated position and subsequently found a knife clipped to the inside of his pant's pocket. The blade of the knife was folded into the handle. The knife was not a switchblade and is lawful under Maryland law.

These officers subsequently removed the knife and placed it on the sidewalk. Mr. Gray was then placed back down on his stomach at which time Mr. Gray began to flail his legs and scream as Officer Miller placed Mr. Gray in a restraining technique known as a leg lace. While Officer Nero physically held him down against his will until a BPD wagon arrived to transport Mr. Gray.

Lieutenant Rice, Officer Miller and Officer Nero failed to establish probable cause for Mr. Gray's arrest as no crime had been committed by Mr. Gray. Accordingly, Lieutenant Rice, Officer Miller and Officer Nero illegally arrested Mr. Gray. Upon arrival of the transport wagon driven by Officer Caesar Goodson; Lieutenant Rice, Officer Nero and Officer Miller loaded Mr. Gray into the wagon and at no point was he secured by a seat belt while in the wagon contrary to a BPD general order.

Lieutenant Rice then directed BPD wagon to stop at Baker Street. At Baker Street Lieutenant Rice, Officer Nero and Officer Miller removed Mr. Gray from the wagon, placed flex cuffs on his wrists, placed leg shackles on his ankles and completed required paperwork.

Officer Miller, Officer Nero and Lieutenant Rice then loaded Mr. Gray back into the wagon placing him on his stomach headfirst onto the floor of the wagon. Once again, Mr. Gray was not secured by a seat belt in the wagon contrary to a BPD general order. Lieutenant Rice then directed Officer Goodson to transport Mr. Gray to the central booking and intake facility.

Following transport from Baker Street, Mr. Gray suffered a severe and critical neck injury as a result of being handcuffed, shackled by his feet, and unrestrained inside of the BPD wagon. From Baker Street, Officer Goodson proceeded to the vicinity of Mosher Street and Fremont Avenue where he subsequently parked the wagon and proceeded to the back of the wagon in order to observe Mr. Gray.

Despite stopping for the purpose of checking on Mr. Gray's condition, at no point did he seek nor did he render any medical assistance for Mr. Gray. Officer Goodson returned to his driver's seat and proceeded toward the central booking and intake facility with Mr. Gray still unsecured by a seat belt contrary to a BPD general order.

Several blocks later Officer Goodson called into dispatch that he needed to check on the status of his prisoner and requested additional units at Dolphin Street and Druid Hill Avenue. Officer William Porter arrived on the scene near Dolphin Street and Druid Hill Avenue. Both Officer Goodson and Officer Porter proceeded to the back of the wagon to check on the status of Mr. Gray's condition.

Mr. Gray at that time requested help and indicated that he could not breathe. Officer Porter asked Mr. Gray if he needed a medic at which time Mr. Gray indicated at least twice that he was in need of a medic. Officer Porter then physically assisted Mr. Gray from the floor of the van to the bench. However, despite Mr. Gray's appeal for a medic, both officers assessed Mr. Gray's condition and at no point did either of them restrain Mr. Gray per BPD den order nor did they render or request medical assistance.

While discussing the transportation of Mr. Gray for medical attention, a request for additional units was made for an arrest at the 1600 West North Avenue. Officer Porter left the vicinity of Dolphin Street and Druid Hill Avenue to assist in the arrest of another prisoner at North Avenue. Despite Mr. Gray's obvious and recognized need for medical assistance, Officer Goodson in a grossly negligent manner chose to respond to the 1600 block of West North Avenue with Mr. Gray still unsecured by a seat belt in the wagon without rendering to or summoning medical assistance from Mr. Gray.

Officer Goodson arrived at North Avenue to transport the individual arrested at the location of North Avenue and Pennsylvania Avenue at which time he was again met by Officer Nero, Miller, Porter and Lieutenant Rice. Once the wagon arrived, Officer Goodson walked to the back of the wagon and again opened the doors to the wagon to make observations of Mr. Gray.

[10:50:00] Sergeant Alicia White, Officer Porter, and Officer Goodson observed Mr. Gray unresponsive on the floor of the wagon. Sergeant White, who was responsible for investigating two citizen complaints pertaining to Mr. Gray's illegal arrest, spoke to the back of Mr. Gray's head. When he did not respond, she did nothing further despite the fact that she was advised that he needed a medic. She made no effort to look or assess or determine his condition. Despite Mr. Gray's seriously deteriorating medical condition, no

medical assistance was rendered or summoned for Mr. Gray at that time by any officer. After completing the North Avenue arrest and loading the additional prisoner into the opposite side of the wagon containing Mr. Gray, Officer Goodson then proceed to the western district police station where contrary to the BPD general order he again failed to restrain Mr. Gray in the wagon for at least the fifth time.

At the western district police station, the defendant arrested at North Avenue was unloaded, escorted and secured inside of the police station prior to attending to Mr. Gray. By the time Officer Zachary Novak, Sergeant White and an unknown officer attempted to remove Mr. Gray from the wagon, Mr. Gray was no longer breathing at all.

A medic was finally called to the scene where upon arrival the medic determined that Mr. Gray was now in cardiac arrest and was critically and severely injured. Mr. Gray was rushed to the University of Maryland shock trauma where he underwent surgery. On April 19th, 2015 Mr. Gray succumbed to his injuries and was pronounced dead.

The manner of death deemed a homicide by the Maryland state medical examiner is believed to be the result of a fatal injury that occurred while Mr. Gray was unrestrained by a seat belt in the custody of the Baltimore Police Department wagon. All events occurred in Baltimore City, state of Maryland.

While each of these officers are presumed innocent until proven guilty, we have brought the following charges. Officer Caesar Goodson is being charged with second-degree depraved heart murder, involuntary manslaughter, second-degree negligent assault, manslaughter by vehicle by means of gross negligence, manslaughter by vehicle by means of criminal negligence, misconduct in office for failure to secure a prisoner, failure to render aid.

Officer William Porter is being charged with involuntary manslaughter, assault in the second degree, misconduct in office.

Lieutenant Brian Rice is being charged with involuntary manslaughter, assault in the second degree, misconduct in office, false imprisonment.

Officer Edward Nero is being charged with assault in the second degree intentional, assault in the second degree negligent, misconduct in office, false imprisonment.

Officer Garrett Miller is being charged with intentional assault in the second degree, assault in the second degree negligent, misconduct in office, and false imprisonment.

Sergeant Alicia White is being charged with manslaughter, involuntary manslaughter, second-degree assault, misconduct in office.

While I am committed to transparency, what I have revealed here today is now a matter of public record. However, the evidence that we have collected and continue to collect cannot ethically be released to the public. I strongly condemn anyone in law enforcement with access to trial evidence who has leaked information prior to the resolution of this case. You are only damaging our ability to conduct a fair and impartial process for all parties involved.

I hope that as we move forward with this case everyone will respect due process and refrain from doing anything that will jeopardize our ability to seek justice.

To the people of Baltimore and demonstrators across America, I heard your call for no justice, no peace. Your peace is sincerely needed as I work to deliver justice on behalf of this young man.

To those that are angry, hurt or have their own experiences of injustice at the hands of police officers, I urge you to channel the energy peacefully as we prosecute this case. I have heard your calls for no justice no peace. However your peace is sincerely needed as I work to deliver justice on behalf of Freddie Gray.

[10:55:01] To the rank and file officers of the Baltimore City Police Department, please know that these accusations of these six officers are not an indictment on the entire force.

I come from five generations of law enforcement. My father was an officer. My mother was an officer. Several of my aunts and uncles, my recently departed and beloved grandfather was one of the founding members of the first black police organization in Massachusetts.

I can tell you that the actions of these officers will not and should not in any way damage the important working relationships between police and prosecutors as we continue to fight together to reduce crime in Baltimore. Thank you for your courage, commitment, and sacrifice for the betterment of our communities.

Lastly, I would like to thank my team for working around the clock since the day that we learned of this tragic incident. We have conducted a thorough and independent investigation of this case. This independent investigation was led by my deputy state's attorneys, Janice Bledsoe (ph) and Michael Shatsaw (ph). My investigators Wayne Williams (ph), Avon Mackrel (ph), and the hard working investigative team that were here and still are very much committed to pursuing justice.

I would also like to thank the Baltimore City Police Department, particularly Major Branford (ph) of the homicide unit and Rodney Hill (ph) of the internal affairs division for providing us with a hard copy of their investigative materials yesterday -- information that we already had.

Lastly, I would like to thank Baltimore City Sheriff's Department in assisting us with this investigation as an independent law enforcement agency with police powers.

To the governor of this great state of Maryland, thank you for expediting the autopsy report, which enabled us to do our job. Last but certainly not least, to the youth of this city. I will

seek justice on your behalf. This is a moment. This is your moment. Let's ensure that we have peaceful and productive rallies that will develop structural and systemic changes for generations to come. You're at the forefront of this cause. And as young people, our time is now.

I'm going to take a few questions.

UNIDENTIFIED FEMALE: Hold on one second. Ashleigh go ahead.

BANFIELD: Thank you. How much of the police investigation that was delivered to you yesterday factored into your decision to go forward with these charges? And how much of it was strictly your independent state's attorney investigation?

MOSBY: What I can tell you is that we've been working with the police department from day one and from day one I also sent my own investigators to the scene. So we've been leveraging and we've been being briefed on what's been going on with the police department. So what we received from the police department yesterday, we already had.

I can tell you that we independently verified those facts and everything that we received from the police department. So it's a culmination of the independent investigation that we conducted as well as the information that we received from the police department.

BANFIELD: And did the officers -- were they cooperative with your investigation?

MOSBY: Yes.

BANFIELD: All six?

MOSBY: They gave a statement. And I can't get too far into the facts of this case. I can't answer that.

UNIDENTIFIED MALE: How many officers have been arrested and are they in custody right now?

MOSBY: A warrant has been issued for their arrest.

UNIDENTIFIED MALE: Have any of them been taken into custody?

MOSBY: I can't tell you that at this point. I know that a warrant has been issued. We filed a statement of charges this morning at about 9:30, 10:00 this morning.

UNIDENTIFIED MALE: Can you talk about the significance of this happening in an expeditious way, thorough but expeditious given what we've witnessed this week. In the course of one week we've gone from riots to in your eyes the accomplishment of some justice.

MOSBY: Well, what I can say is that from the beginning we knew that this was a serious case. We have been working independently and I can tell you that we put all of our resources to make sure that we were pursuing and leading where the facts took us in this case, which was to pursue justice.

UNIDENTIFIED MALE: Miss Mosby, (inaudible) will you appoint a special prosecutor (inaudible)?

MOSBY: I can tell you that the people of Baltimore City elected me and there's no accountability with a special prosecutor. I can tell you that from day one we independently investigated. We're not just relying solely upon what we were given from the police department -- period.

UNIDENTIFIED MALE: Do you think race was a factor in this arrest?

MOSBY: I can't tell you that. I can't give you my opinion.

(CROSSTALK)

UNIDENTIFIED MALE: -- some of the protesters have a point. Are you worried about the appearance of any conflict of interest?

MOSBY: I don't see an appearance of conflict of interest.

[11:00:01] My husband is a public servant. He works from the legislative side. I'm a prosecutor. I am also a public servant. I uphold the law. He makes the laws. And I will prosecute any case with in my jurisdiction.

[10:29:48] PETER MOSKOS, FORMER BALTIMORE POLICE OFFICER: But let me be clear. I'm not saying everyone in that community is bad, of course not. But police have>