This is Not a Surprise

In rather unsurprising news, leaked autopsy results reveals that Freddie Gray's death was caused by a "high energy blow" during his ride in a paddy wagon:

Freddie Gray suffered a single "high-energy injury" to his neck and spine — most likely caused when the police van in which he was riding suddenly decelerated, according to a copy of the autopsy report obtained by The Baltimore Sun.

The state medical examiner's office concluded that Gray's death could not be ruled an accident, and was instead a homicide, because officers failed to follow safety procedures "through acts of omission."

Though Gray was loaded into the van on his belly, the medical examiner surmised that he may have gotten to his feet and was thrown into the wall during an abrupt change in direction. He was not belted in, but his wrists and ankles were shackled, putting him "at risk for an unsupported fall during acceleration or deceleration of the van."

The medical examiner compared Gray's injury to those seen in shallow-water diving incidents.

In related news, the Prosecutors have moved to have the evidence sealed, or to have all the evidence posted online:

Baltimore State's Attorney Marilyn J. Mosby wants a judge to block defense attorneys from selectively releasing evidence in the Freddie Gray case — or facilitate an agreement between the two sides to post all of the evidence online in one fell swoop.

In an unusual Circuit Court filing this week, Mosby's office requested a protective order barring defense attorneys for the six Baltimore police officers charged in Gray's arrest and death from releasing any of the evidence due to them June 26 through court discovery, including Gray's autopsy.

Absent that order, however, prosecutors said in the filing they would rather accept a deal to post all of the evidence online than "remain silent" — as is required of them by law — while defense attorneys leak evidence that suits their needs, which Mosby's office said they are inclined to do.

"Indeed, if the Defendants were to consent and the court would so order, the State would have no objection to posting the entire autopsy report on the internet, along with all of the discovery in the case," the prosecutors wrote. "Defendants, however, want to have it both ways. They want the freedom to publicize selected aspects of the discovery, while requiring the State to follow the law that prevents comments in order to ensure a fair trial."

It was unclear whether the suggestion in the court filing was a rhetorical device or if the defense attorneys would consider the offer. Both the state's attorney's office and defense attorneys for the accused officers declined to comment on the motion Tuesday.

The motion to seal the evidence is not surprising, but the motion to release all the evidence is highly unusual:

Baltimore State's Attorney Marilyn J. Mosby wants a judge to block defense attorneys from selectively releasing evidence in the Freddie Gray case — or facilitate an agreement between the two sides to post all of the evidence online in one fell swoop.

In an unusual Circuit Court filing this week, Mosby's office requested a protective order barring defense attorneys for the six Baltimore police officers charged in Gray's arrest and death from releasing any of the evidence due to them June 26 through court discovery, including Gray's autopsy.

Absent that order, however, prosecutors said in the filing they would rather accept a deal to post all of the evidence online than "remain silent" — as is required of them by law — while defense attorneys leak evidence that suits their needs, which Mosby's office said they are inclined to do.

"Indeed, if the Defendants were to consent and the court would so order, the State would have no objection to posting the entire autopsy report on the internet, along with all of the discovery in the case," the prosecutors wrote. "Defendants, however, want to have it both ways. They want the freedom to publicize selected aspects of the discovery, while requiring the State to follow the law that prevents comments in order to ensure a fair trial."

It was unclear whether the suggestion in the court filing was a rhetorical device or if the defense attorneys would consider the offer. Both the state's attorney's office and defense attorneys for the accused officers declined to comment on the motion Tuesday.

My guess here is that they the 2^nd proposal is about appearing to be reasonable, even if the alternate proposal is unreasonable on a lot of levels.

My guess is that the prosecutors are (rightly) concerned that the defense will taint the jury pool, and they want to prevent this, because if the trial gets moved to the Eastern Shore or Fredrick, or Hagerstown, she will be forced to deal with a jury that is hostile to the the residents of Baltimore City (i.e. black people), and deeply dubious of any accusations of law enforcement misconduct.

It would be a nightmare scenario for the prosecution.