Defense points to new Freddie Gray evidence in calling for sanctions against prosecutors
Prosecutors have turned over new evidence in the Freddie Gray case that defense attorneys say should have been handed over months ago, including witness statements that Gray was "losing his mind" and kicking and shaking the police transport van where he sustained a fatal spinal cord injury.
Attorneys for the six Baltimore police officers charged in Gray's arrest and death asked that the court sanction prosecutors, repeating a request made in July. The defense wants prosecutors to hand over additional evidence and the court to exclude from trial any evidence withheld from them.
Prosecutors allege the officers failed to secure Gray in a seat belt in the van and to provide timely medical attention. Gray, 25, was arrested and injured April 12, and died a week later.
The latest evidence, provided to the defense in recent weeks, could be key to the defense, the officers' attorneys said. They argued that Gray's erratic behavior in the van not only indicates it may have been reasonable under the circumstances to not place him in a seat belt but also that Gray may have caused his own injuries.
"Given that the State has not only failed to satisfy its discovery obligations, but has also misrepresented the nature and extent of its disclosures to this Court, the Defendants are in no position to trust the State's assertion that it has disclosed everything to which the Defendants are entitled," the defense attorneys wrote in identical filings in each of the six cases.