What Prosecutors Must Show to Prove Murder in the Freddie Gray Case
Judge Andrew Napolitano assessed the criminal charges against six Baltimore police officers this morning, expressing his doubt about whether there is enough evidence to warrant a murder charge against one of the officers.
Napolitano said to prove second-degree murder, prosecutors must show there was an "element of intent," which he does not believe exists in the death of Freddie Gray.
He said, however, that he believes there is enough evidence to convict on charges of criminally negligent homicide.
Napolitano said the officers appear to have showed a "high degree of disregard" for Gray's safety during his arrest and transport.
"Remember, when police arrest someone, they are responsible for his care and safety," said Napolitano.
He predicted that the trial will end up being moved from Baltimore to another part of the state.
Napolitano also took issue with how Baltimore State’s Attorney Marilyn Mosby announced her decision to pursue charges.
"To the people of Baltimore and the demonstrators across America: I heard your call for 'No justice, no peace,'" Mosby said on Friday. "Your peace is sincerely needed as I work to deliver justice on behalf of this young man."
Napolitano said Mosby should not have been making "political statements."
"It is not common to hear a prosecutor whoop and holler and rev up crowds," he said.
Bill Hemmer asked Napolitano about the possible reasoning behind Mosby's remarks.
"She probably has ambition for higher office and she should temper that ambition when she has a dead person on her hands and she's charged six cops with the death. Let the outcome of the case determine where her ambition goes, not her inflammatory words at the time," said Napolitano.
Watch the judge's full analysis above.