Baltimore probe into black man's death fails to support charges: CNN

Baltimore Police Investigation Causing Issues For Prosecutors In Freddie Gr


(Reuters) - The Baltimore police investigation into the death of a black man from injuries sustained in police custody fails to support some charges filed by the city prosecutor, CNN reported on Thursday.

Citing officials briefed on the separate probes by prosecutor Marilyn Mosby and police into the death of Freddie Gray, the television news network said the lack of support for charges from the police findings could allow lawyers representing the officers to undercut the prosecution.

Gray, 25, sustained spinal injuries after being arrested, and his death on April 19 sparked protests and a day of arson and looting in the largely African American city.

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Baltimore probe into black man's death fails to support charges: CNN
TOPSHOT - A man walks past a mural with a portrait of Freddie Gray at North Mount and Presbury streets in the Sandtown neighborhood of west Baltimore on August 8, 2017. Baltimore, a city of 2.8 million, is troubled by drug use, poverty and racial segregation problems. In 2016 violent crime in Baltimore was up 22 percent and murders up 78 percent, according to Attorney General Jeff Sessions. / AFP PHOTO / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images)
Baltimore Police Officer Caesar R. Goodson Jr., Officer Edward M. Nero, Officer Garrett E Miller (top L-R), Officer William G. Porter, Lt. Brian W. Rice, Sgt. Alicia D. White (bottom L-R), are pictured in these undated booking photos provided by the Baltimore Police Department. Baltimore's top prosecutor on July 27, 2016 dropped remaining charges against police officers tied to the death of black detainee Freddie Gray, after failing four times to secure convictions in a case that inflamed the U.S. debate on race and justice. Courtesy Baltimore Police Department/Handout via REUTERS ATTENTION EDITORS - THIS IMAGE WAS PROVIDED BY A THIRD PARTY. EDITORIAL USE ONLY
BALTIMORE, MD- SEPTEMBER 02: Several protesters march and rally in downtown Baltimore. Some even blocked intersections impeding traffic. Today is the first hearing for six Baltimore police officers charged in the death Freddie Gray in Baltimore, Maryland on September 02, 2015. (Photo by Marvin Joseph/The Washington Post via Getty Images)
BALTIMORE, MD- SEPTEMBER 02: Several protesters march and rally in downtown Baltimore. Some even blocked intersections impeding traffic. Today is the first hearing for six Baltimore police officers charged in the death Freddie Gray in Baltimore, Maryland on September 02, 2015. (Photo by Marvin Joseph/The Washington Post via Getty Images)
BALTIMORE, MD - SEPTEMBER 02: City Sheriff's deputies form a perimeter around State's Attorney for Baltimore Marilyn Mosby (C) as she leaves the Baltimore City Circuit Courthouse East where pre-trial hearings were held for six police officers charged in the death of Freddie Gray September 2, 2015 in Baltimore, Maryland. Earlier this year Gray, 25, suffered a severe spinal cord injury while in police custody and later died. His funeral was followed by rioting, looting and arson. (Photo by Chip Somodevilla/Getty Images)
BALTIMORE, MD- SEPTEMBER 02: Kwame Rose is arrested after he and several other protesters blocked various intersections in downtown Baltimore. The first hearing for six Baltimore police officers charged in the death Freddie Gray in Baltimore, Maryland on September 02, 2015. (Photo by Marvin Joseph/The Washington Post via Getty Images)
BALTIMORE, MD - SEPTEMBER 02: A small and peaceful group of demonstrators gather to protest in front of the Baltimore City Circuit Courthouse East where pre-trial hearings will be held for six police officers charged in the death of Freddie Gray September 2, 2015 in Baltimore, Maryland. Earlier this year Gray, 25, suffered a severe spinal cord injury while in police custody and later died. His funeral was followed by rioting, looting and arson. (Photo by Chip Somodevilla/Getty Images)
BALTIMORE, MD - SEPTEMBER 02: A Baltimore City Sheriff's deputy moves among a small crowd of peaceful demonstrators in front of the Baltimore City Circuit Courthouse East where pre-trial hearings will be held for six police officers charged in the death of Freddie Gray September 2, 2015 in Baltimore, Maryland. Earlier this year Gray, 25, suffered a severe spinal cord injury while in police custody and later died. His funeral was followed by rioting, looting and arson. (Photo by Chip Somodevilla/Getty Images)
BALTIMORE, MD - SEPTEMBER 02: A small and peacful group of demonstrators gather to protest in front of the Baltimore City Circuit Courthouse East where pre-trial hearings will be held for six police officers charged in the death of Freddie Gray September 2, 2015 in Baltimore, Maryland. Earlier this year Gray, 25, suffered a severe spinal cord injury while in police custody and later died. His funeral was followed by rioting, looting and arson. (Photo by Chip Somodevilla/Getty Images)
BALTIMORE, MD - MAY 01: Protesters march through the streets in support of Maryland state attorney Marilyn Mosby's announcement that charges would be filed against Baltimore police officers in the death of Freddie Gray on May 1, 2015 in Baltimore, Maryland. Gray died in police custody after being arrested on April 12, 2015. (Photo by Andrew Burton/Getty Images)
BALTIMORE, MD - MAY 01: Protesters march through the streets in support of Maryland state attorney Marilyn Mosby's announcement that charges would be filed against Baltimore police officers in the death of Freddie Gray on May 1, 2015 in Baltimore, Maryland. Gray died in police custody after being arrested on April 12, 2015. (Photo by Andrew Burton/Getty Images)
BALTIMORE, MD - MAY 01: Protesters march on North Avenue after Baltimore authorities released a report on the death of Freddie Gray on May 1, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges will be filed. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
BALTIMORE, MD - MAY 02: A man tears up on the street at North Ave., and Pennsylvania Ave., in West Baltimore a day after Baltimore authorities released a report on the death of Freddie Gray, May 2, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges would be filed against six Baltimore City Police officers. Gray, 25, was arrested for possessing a switch blade knife on April 12 outside the Gilmor Homes housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
BALTIMORE, MD - MAY 02: People participate in a dance party on North Ave., a day after Baltimore authorities released a report on the death of Freddie Gray, May 2, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges would be filed against six Baltimore City Police officers. Gray, 25, was arrested for possessing a switch blade knife on April 12 outside the Gilmor Homes housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
BALTIMORE, MD - MAY 02: People participate in a dance party on North Ave., on the street a day after Baltimore authorities released a report on the death of Freddie Gray, May 2, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges would be filed against six Baltimore City Police officers. Gray, 25, was arrested for possessing a switch blade knife on April 12 outside the Gilmor Homes housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
BALTIMORE, MD - MAY 02: Protesters march on the street from City Hall a day after Baltimore authorities released a report on the death of Freddie Gray, May 2, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges would be filed against six Baltimore City Police officers. Gray, 25, was arrested for possessing a switch blade knife on April 12 outside the Gilmor Homes housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
BALTIMORE, MD - MAY 01: Protesters march through the streets in support of Maryland state attorney Marilyn Mosby's announcement that charges would be filed against Baltimore police officers in the death of Freddie Gray on May 1, 2015 in Baltimore, Maryland. Gray died in police custody after being arrested on April 12, 2015. (Photo by Andrew Burton/Getty Images)
People arrive at Freddie Gray's funeral at New Shiloh Baptist Church in Baltimore April 27, 2015. Mourners lined up on Monday before the funeral of Freddie Gray, a Baltimore black man who died in police custody, a death that has led to protests in the latest outcry over U.S. law enforcement's treatment of minorities. Police say he died of a neck injury on April 19 after being arrested on April 12. REUTERS/Sait Serkan Gurbuz
Freddie Gray's casket arrives at New Shiloh Baptist Church in Baltimore April 27, 2015. Mourners lined up on Monday before the funeral of Freddie Gray, a Baltimore black man who died in police custody, a death that has led to protests in the latest outcry over U.S. law enforcement's treatment of minorities. Police say he died of a neck injury on April 19 after being arrested on April 12. REUTERS/Sait Serkan Gurbuz
A woman cries as demonstrators throw rocks at Baltimore police during clashes in Baltimore, Maryland April 27, 2015. Seven Baltimore police officers were injured on Monday as rioters threw bricks and stones and burned patrol cars in violent protests after the funeral of Freddie Gray, a black man who died in police custody. REUTERS/Shannon Stapleton
A member of the family reacts during Freddie Gray's funeral service at New Shiloh Baptist Church in Baltimore April 27, 2015. Mourners lined up on Monday before the funeral of Freddie Gray, a Baltimore black man who died in police custody, a death that has led to protests in the latest outcry over U.S. law enforcement's treatment of minorities. Police say he died of a neck injury on April 19 after being arrested on April 12. REUTERS/Sait Serkan Gurbuz
A woman with goods looted from a store runs past burning vehicles during clashes in Baltimore, Maryland April 27, 2015. Seven Baltimore police officers were injured on Monday as rioters threw bricks and stones and burned patrol cars in violent protests after the funeral of Freddie Gray, a black man who died in police custody. REUTERS/Shannon Stapleton
A Baltimore firefighter attacks a fire at a convenience store and residence during clashes after the funeral of Freddie Gray in Baltimore, Maryland in the early morning hours of April 28, 2015. Baltimore erupted in violence as hundreds of rioters looted stores, burned buildings and injured at least 15 police officers following the funeral of Gray, a 25-year-old black man who died after he was injured in police custody. REUTERS/Eric Thayer TPX IMAGES OF THE DAY
Reverend Jesse Jackson speaks to the members of national media near the CVS Pharmacy building on Pennsylvania Avenue in Baltimore April 28, 2015. Hundreds of rioters looted businesses and set buildings on fire, including the pharmacy, in Baltimore on Monday in widespread violence that injured at least 15 police officers following the funeral of Freddie Gray, a 25-year-old black man who died after he was injured in police custody. REUTERS/Sait Serkan Gurbuz
Baltimore City State's Attorney Marilyn Mosby (C) leaves the courthouse after the first day of pretrial motions for six police officers charged in connection with the death of Freddie Gray in Baltimore, Maryland, U.S. on September 2, 2015. Baltimore's top prosecutor on July 27, 2016 dropped remaining charges against police officers tied to the death of black detainee Freddie Gray, after failing four times to secure convictions in a case that inflamed the U.S. debate on race and justice. REUTERS/Bryan Woolston/File Photo
Demonstrators protest outside of the Baltimore Police Department's Western District police station during a rally for Freddie Gray, in Baltimore, April 21, 2015. Hundreds of demonstrators gathered in Baltimore on Tuesday to protest the death of the 27-year-old black man who died after being arrested by local police. The U.S. Justice Department is looking into the case of Gray, who was arrested on April 12 and died a week later in a hospital after slipping into a coma, a spokeswoman said. A preliminary autopsy showed Gray died from a spinal injury. REUTERS/Jose Luis Magana
Baltimore mayor Stephanie Rawlings-Blake speaks as U.S. Rep. Elijah Cummings (D-MD) looks on during a news conference on the demonstrations for Freddie Gray, who died following an arrest by the Baltimore police department, in Baltimore, Maryland April 26, 2015. REUTERS/Shannon Stapleton
A demonstrator looks up after being sprayed with pepper spray during clashes in Baltimore, Maryland April 27, 2015. Several Baltimore police officers were injured on Monday in violent clashes with young people after the funeral of a black man, Freddie Gray, who died in police custody, and local law enforcement warned of a threat by gangs. REUTERS/Shannon Stapleton TPX IMAGES OF THE DAY
BALTIMORE, MD - APRIL 28: National Guard soldiers stand guard in downtown Baltimore outside the Harborplace mall as a bicycle rider goes by. (Carolyn Cole/Los Angeles Times via Getty Images)
BALTIMORE, MD - APRIL 22: People chant and shout as they march through the streets of Baltimore for Freddie Gray, a Baltimore man who died a week after suffering a spinal-cord injury while in police custody, near the site of Gray's arrest close to the corner of Presbury Street and North Mount Street in Baltimore, MD on Wednesday April 22, 2015. (Photo by Jabin Botsford/The Washington Post via Getty Images)
BALTIMORE, MD - APRIL 22: People chant and shout as they lay down to stop traffic during their march through the streets of Baltimore for Freddie Gray, a Baltimore man who died a week after suffering a spinal-cord injury while in police custody, near the site of Gray's arrest close to the corner of Presbury Street and North Mount Street in Baltimore, MD on Wednesday April 22, 2015. (Photo by Jabin Botsford/The Washington Post via Getty Images)
BALTIMORE, USA - APRIL 22: A kid raises his hand while hundreds of people march through the streets of Baltimore to seek justice for the death for Freddie Gray who died from injuries suffered in Police custody in Baltimore, USA on April 22, 2015. (Photo by Samuel Corum/Anadolu Agency/Getty Images)
BALTIMORE, USA - APRIL 23: Protestors and police clash as hundreds of people march through the streets of Baltimore to seek justice for the death for Freddie Gray who died from injuries suffered in Police custody in Baltimore, USA on April 23, 2015. (Photo by Samuel Corum/Anadolu Agency/Getty Images)
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Mosby charged six officers on Friday with counts ranging from false imprisonment to manslaughter and second-degree murder. She made her announcement hours after the state medical examiner ruled the death a homicide and a day after police turned over their findings about Gray's arrest.

Officials familiar with the probes say the homicide investigation run by police at most contemplated a manslaughter charge, not second-degree murder as Mosby charged one of the officers, Caesar Goodson.

To win conviction for murder, prosecutors must prove intent to kill. Manslaughter relates to unintentional killings.

Homicide investigators briefed by the medical examiner's office believed the autopsy report would likely find the cause of death to fall short of homicide, one official familiar with the case told CNN.

Mosby said that the medical examiner concluded that Gray's fatal injury occurred in a police transport van taking him to a station house.

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(5/1 update) Baltimore Freddie Gray protests - NYC and elsewhere
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Baltimore probe into black man's death fails to support charges: CNN
PHILADELPHIA, PA - APRIL 30: Micaiah Bakues-Freeman, 9, joins protestors demonstrating over the death of Freddy Gray outside City Hall on April 30, 2015 in Philadelphia, Pennsylvania. Freddie Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Mark Makela/Getty Images)
PHILADELPHIA, PA - APRIL 30: Protestors march over the death of Freddy Gray on April 30, 2015 in Philadelphia, Pennsylvania. Freddie Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Mark Makela/Getty Images)
PHILADELPHIA, PA - APRIL 30: Protestors march in demonstration over the death of Freddy Gray on April 30, 2015 in Philadelphia, Pennsylvania. Freddie Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Mark Makela/Getty Images)
PHILADELPHIA, PA - APRIL 30: Protestors linger in front of a large contingent of police officers after marching over the death of Freddy Gray on April 30, 2015 in Philadelphia, Pennsylvania. Freddie Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Mark Makela/Getty Images)
PHILADELPHIA, PA - APRIL 30: Protestors march over the death of Freddy Gray on April 30, 2015 in Philadelphia, Pennsylvania. Freddie Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Mark Makela/Getty Images)
NEW YORK, NY - APRIL 29: A man takes part in a Solidarity Baltimore rally on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Kena Betancur/Getty Images)
NEW YORK, NY - APRIL 29: An NYPD Officer stands watch at a Solidarity Baltimore rally in Times Square on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Kena Betancur/Getty Images)
NEW YORK, NY - APRIL 29: A woman takes part in a Solidarity With City Of Baltimore rally at Union Square on April 29, 2015 in New York City. in Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. . (Photo by Kena Betancur/Getty Images)
NEW YORK, NY - APRIL 29: Demonstrators snarl traffic as they try to block an entrance to the Holland Tunnel during a solidarity protest of the death of Freddie Gray on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police. (Photo by Michael Abbott/Getty Images)
NEW YORK, NY - APRIL 29: A man gestures to a police officer during a Solidarity Baltimore rally on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Kena Betancur/Getty Images)
NEW YORK, NY - APRIL 29: An NYPD Officer keeps watch at a Solidarity Baltimore rally in Times Square on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Kena Betancur/Getty Images)
NEW YORK, NY - APRIL 29: A man takes part in a Solidarity Baltimore rally on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Kena Betancur/Getty Images)
NEW YORK, NY - APRIL 29: A woman takes part in a Solidarity With City Of Baltimore rally at Union Square on April 29, 2015 in New York City. in Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. . (Photo by Kena Betancur/Getty Images)
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Lawyers for two officers have challenged a key part of Mosby's case, that a knife found on Gray was legal in Maryland and thus officers did not have a right to arrest him. The police investigation found that the knife was illegal under the city code.

A police spokesman did not respond to a request for comment. Mosby said in a statement that she refused to litigate the Gray case in the media.

"These unethical disclosures are only damaging our ability to conduct a fair and impartial process for all parties involved," she said.

Police Commissioner Anthony Batts told CNN on Tuesday that Mosby called him about 10 minutes before she disclosed the charges.

Baltimore Mayor Stephanie Rawlings-Blake asked the U.S. Justice Department on Wednesday to investigate the police department for civil rights violations.

(Reporting by Ian Simpson in Washington)

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