BALTIMORE, Maryland September 10, 2015 - When you spend your entire life always sympathizing with, and often being active in all things promoting civil rights, finding yourself on the so-called 'wrong' side of a key controversy is very disconcerting. And yet, here I am. The Freddy Gray incident in Baltimore is about as terrible a set of circumstances as one can imagine. The latest development - the really awful decision of Baltimore City Circuit Court Judge Barry Williams denying the combined motions of the Defendants to change the venue of the cases - is merely the latest, but it is easily one of the worst.
My simple argument in the venue controversy is, "if not this case, which case?" Changing the venue of high-profile criminal cases is part of American criminal law. The Maryland Rules of Procedure, which codify and annotate the rules by which every piece of litigation in the State of Maryland must abide, contain provisions for changing venue. Each case is one that must be decided on the facts. The very fact that the rules are there, with annotations (i.e., every decision by the Court of Appeals of Maryland and Court of Special Appeals of Maryland which announce law pertaining to any aspect of change of venue issues) is the firmest possible indication that the law in Maryland allows for changes of venue. Once you get to that point of the legal analysis, your work is done. Or, at least it should be done. It simply is not possible for any case to have a more compelling set of facts and circumstances virtually crying out for a change in this trial's venue. The decision should've been a no-brainer even for a first-year law student, unless the judge making the call was a) determined to keep the cases in the jurisdiction where convictions are almost certain; b) concerned about his personal status in the City where he lives; or c) fearful for himself and his family if he rules in favor of a change of venue. These three possible reasons are all directly contrary to the pillars of justice which should underly our legal system. In short, it is the kind of decision that - while possibly placating the mobs in the street in the very short term, does nothing to promote real justice and real respect for the legal system. It is the kind of decision that will lead to derisive comments by people who know the law and respect the law. This latter group will be left to shake their heads in disgust.
There are those in the mob who see a real street justice in this latest turn of events. For decades, Black Americans were discriminated against by racist judges and police. Now the mob screams that it is time for pay back. The racist group calling itself "Black Lives Matter" demonstrated a few days back somewhere in Minnesota, and was recorded chanting, as they marched, something to the effect that police officers should be wrapped up and fried like bacon. Another member of the group said on a radio broadcast that it is now "open season" on white people and especially on white police. They should be shot and if they are, there is nothing they can do about it, the genius said. And he is a fine human being. You see, the scum that did the discriminating those years ago are held in very low public esteem these days. They are hated and scorned, their memory is loaded down with nothing positive. People today do not aspire to be like those old dead racists. The overwhelming majority of people alive today hold no such foul views. Yet the hatred in the streets today give credence to the view that humanity cannot rise above the evils of racism. Instead, racism is like a pendulum, swinging back and forth. No one has the courage or decency to end it. And so, six police officers who might have been negligent in the way they took a career crimal into custody are instead blamed when he managed to get himself killed. The State's Attorney, when she wasn't busy blowing her own ample horn, filed a criminal complaint which alleges no beating or physical abuse. But she charged one with second degree murder. All six are vilified and derided almost daily on local media. Baltimore Police are so incensed that they have stopped trying to control the evil in the streets. As a result, murders are skyrocketing. The entire City boils. But Judge Williams says, "fair impartial jury possible." Of course it is.
I do not know Judge Barry Williams and do not recall being before him, even for minor matters. But this is a case that is a textbook case for changing the venue. The facts are so very much in favor of moving the trial to a Maryland County where the population didn't riot in anger over what they believe these defendants did. There were two days of angry rioting, tens of millions of dollars of property damage, many hundreds of arrests for crimes like rioting, looting, arson, and all manner of crimes whch make up a concept of mayhem, a deployment of the Maryland National Guard for days and days, a deployment of law enforcement officers from around the state and beyond, city-wide curfews, massive school closings, non-stop, high-decibel discussion of events on local TV and radio, running around the clock. store closings (not counting the ones that were looted and closed either for good or for a very long time), and even the cancellation and eventual relocation of several Major League Baseball Games. Despite this massive publicity, despite the riots and demonstrations, demonstrations which continued even up to the date of this decision, despite non-stop press coverage by all manner of urban media, despite the fact that the entire City has squared off about this or that aspect of the case, this judge said the defense did not convince him that residents of the City - the potential jury pool - will be able to separate the mob scenes from the facts. Very very sad, and quite wrong. The courageous decision, the noble decision was to grant the motion of the defendants to change the venue. But that would've meant that the judge would've been held up to public scorn. Instead of the mob loving him - like they do this night - he would've been their personal bad guy. If Judge Williams ever wanted to be considered a great judge by people who know what a great judge is, he would never have made this awful decision. Instead, he'll have to be content with well-wishes from the mob outside his window and boot-lickers and other spineless sorts.
The jury pool and the poor souls who will make up the actual jury in the City will have to have the courage of the greatest heroes of the human race just to get to the deliberation room with an open mind. Every person in the City Courthouse - save for the six Defendants and their attorneys - will be praying for a conviction so the riots don't start up again. The allies of the State and their private attorneys; i.e., everybody, including the media, will be doing everything in their power to convict and incarcerate. Outside of the courtroom where the trial will take place, demonstrators will scream for conviction. Hangers-on and operatives will be everywhere. But according to Judge Williams, it will still be a place where the six defendants will be able to present their evidence and then make their way to prison. Heaven help us.
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