Alan Dershowitz: Charges Against Baltimore Cops Won’t Stick

From:,  by: Bill Hoffman,  on: May 2, 2015,  see the article HERE.

Alan Dershowitz

Criminal charges filed Friday against six Baltimore police officers in the death of Freddie Gray were based on “politics and crowd control,” not justice, renowned civil rights lawyer Alan Dershowitz tells Newsmax TV.

“This is a very sad day for justice . . . Today had nothing to do with justice. Today was crowd control. Everything was motivated by a threat of riots and a desire to prevent riots,” Dershowitz said on “The Steve Malzberg Show.”

“The mayor outrageously said we’re going to get justice for the victim, the family and people of Baltimore, never mentioning the defendants. Under our Constitution, the only people who are entitled to justice are the defendants.

“They are presumed innocent, they need due process of law, and the mayor and the state attorney have made it virtually impossible for these defendants to get a fair trial. They have been presumed guilty.”

Dershowitz made the comments hours after Baltimore’s top prosecutor, State Attorney Marilyn Mosby, announced criminal charges against six cops who were suspended after Gray suffered a fatal spinal injury while in custody in a police van.

The charges came nearly two weeks after Gray’s death, which sparked riots that caused millions of dollars in damage and left dozens injured. The stiffest, second-degree, “depraved heart” murder charge was lodged against the driver of the van. The others face charges of involuntary manslaughter, assault and illegal arrest.

But Dershowitz, a Harvard Law professor emeritus and Newsmax contributor, said the case will very likely be thrown out for lack of evidence.

“I understand why the mayor and state attorney want to prevent riots . . . but that’s not the job of the justice system . . . You cannot allow police officers or any other defendants to become scapegoats for crowds demanding a continuation of rioting,” he told host Steve Malzberg.

“There’s no plausible, hypothetical, conceivable case for murder under the facts that we now know them. You might say that conceivably there’s a case for manslaughter. Nobody wanted this guy to die, nobody set out to kill him, and nobody intentionally murdered him.

“The worst-case scenario is a case for involuntary manslaughter or some kind of reckless disregard, but the idea of without further investigation coming down with murder indictments . . . This is a show trial. This is designed to please the crowd. It’s designed to lower the temperature.”

Dershowitz added that the charges did not meet the criteria for justice in the United States.

“It may have been the criteria in Rome, for Fidel Castro, in Iran, and in other countries, but in our country you don’t base indictments on what impact it’s going to have on the crowd,” he said.

“You base it on a hard, neutral, objective view of the evidence, and it doesn’t look like that was done here . . . They have invited a mess. What they did is they bartered short-term results today for long-term problems in the future.

“My prediction? They’ve overplayed their hand, it’s unlikely they’ll get any convictions in this case as a result of this, and if they do, there’s a good possibility it’ll be reversed on appeal and will just postpone the riots for months ahead.”


State Attorney Marilyn Mosby’s statement to the press said it all – justice for everyone … except the police. It looks very much like this young woman is in waaayyy over her barely-dry-behind-the-ears head. I believe that she intends to knowingly throw the police defendants under the bus just to quell additional protests and riots – no matter their innocence. At least Dershowitz calls it like it is and says that there’s no way that any murder charges have a chance of sticking.

This is just one more case of a black official making a decision based on political expediency – not what’s right or wrong.



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6 Responses to Alan Dershowitz: Charges Against Baltimore Cops Won’t Stick

  1. Kathy says:

    They got to her. The DoJ and Valerie Jarrett have been in constant communication with the authorities in Baltimore and no doubt they pushed her to make these charges and issue a statement.

    Hopefully the FOP will be successful with their request for a special prosecutor who can separate the politics from the legal side and get to the truth.

    There’s simply no way that six cops are responsible for this guy’s death – one or two maybe, but not six. As our friend Crawfish pointed out elsewhere, if they intentionally drove rough to harm Gray, why didn’t the other prisoner have injuries too?

    • Garnet92 says:

      Yeah, I’ve no doubt that Valerie weighed in on the decision and statement. Like Prof. Dershowitz, I believe that Mosby’s actions were influenced by politics and wanting to quell the rioting and there’s no way that she can make the charges stick – it’s a BIG overreach.

      The uninjured second prisoner doesn’t eliminate the possibility of “driving rough” since he wasn’t picked up until the fourth stop, plenty of time to “rough” up Gray before picking up the second prisoner. Here’s a good write-up on the route and timeline.

      The defense attorneys are going to have a field day with these charges. I don’t see how Mosby can prove any of them – unless there’s something strong that we don’t know about. I think that most (if not all) of the cops will walk – and that’ll open the gates for more protesting and rioting and looting and burning, etc. – in other words, just another day in a democrat-controlled, black-controlled urban city area when things don’t go as they want.

      • Kathy says:

        Thanks for adding that link, Garnet, it sheds a lot truth and light on the misinformation floating around right now.

        The first thing that caught my attention was that early on Gray stated he couldn’t breathe – was he trying the Eric Gardner approach or was he really having trouble breathing? We’ll never know.

        The other thing this negates, at least for me, is the other prisoner’s statement that he heard Gray thrashing around. The timeline indicates that Gray was laying in the floor and was unresponsive when the second prisoner was picked up.

        This would indicate that the officers are guilty of some level of negligence, but there are still a lot of other holes in this whole ordeal. Add to that, Mosby’s statement and attitude – we have a long way to go in clearing this up.

  2. Uriel says:

    Collusion, inexperience and familial prejudice are at play

  3. vonmesser says:

    I’m gonna make two somewhat contradictory comments here. Not saying either is correct, but one or both might be.

    1. A savvy DA could file the highest charges possible in order to calm the crowd. By filing murder charges, with a very hard level of proof, the cops will easily get off in court (remember Zimmerman). The DA can then say “I tried and a mostly black jury found them not guilty.” (Any jury in Balto is gonna be at least half black). This is done knowing the lack of proof and to protect the cops. I have seen this done before.

    2. IF Maryland has a “Lesser Included” stature, then when MURDER is charged, the person is automatically also charged with negligent homicide, reckless endangerment, manslaughter (in several categories), culpable negligence, and 8 or 9 other crimes as well, and she could be going for a minor conviction (which might get the cops a 90 day jail sentence)