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Thread: Bernstein Reaffirms Police License To Kill

  1. #41
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    Quote Originally Posted by county resident View Post
    Definition of HOMICIDE

    1
    : a person who kills another
    Homicide is not a crime. Murder is a crime And the states attorney makes the call as to what to charge.
    Put on your dunce hat wizard. And get off your soap box
    So is manslaughter. I think there is sufficeint evidence to charge. At least take it to a grand jury. I think that needs to be the People of Marylands next regulation of our police. There should be a law that requires all investigations of police to be presented to a Grand Jury. So that way even if you have someone like Berstein doing a superficial investigation that barely scratches the surface and ignoring witnesses telling him things he doesn't want to hear. The Grand Jury can dig deeper. That eliminates the appearance of the cops investigating the cops and exonerating the cops. In this case a police lackey investigating the cops and exonerating the cops. Every officer would have to answer to the people in the form of a Grand Jury when accused and then answer to the people again if charged.

  2. #42
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    Apparently Commissioner Batts will not be tolerating police misconduct even if Bernstein will. I think this is a great idea and it will be interesting to see what comes of it.

    City police add new bureau, hope to strengthen public trust

    Baltimore police Commissioner Anthony W. Batts announced Friday the creation of a new unit to oversee internal affairs, audits and the writing of police procedures, a move he hopes will strengthen public confidence in his agency.

    Jeronimo "Jerry" Rodriguez, a 26-year Los Angeles Police Department veteran, was named deputy commissioner in charge of the new Bureau of Professional Standards. Rodriguez will report directly to Batts and joins Deputy Commissioner John Skinner at the top level of Batts' staff.

    While Skinner will continue to run day-to-day crime-fighting operations, Rodriguez will focus his attention internally, handling matters that affect department employees, including about 3,000 sworn officers.

  3. #43
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    Quote Originally Posted by county resident View Post
    Definition of HOMICIDE

    1
    : a person who kills another
    Homicide is not a crime. Murder is a crime And the states attorney makes the call as to what to charge.
    Put on your dunce hat wizard. And get off your soap box
    The term to take issue with is not Homicide. It's "blunt force trauma." If the Medical Examiner believes the injuries to be caused by the fall. Then the proper term for that is blunt force. But if the ME believe the injuries to be caused by an attack then the proper term for that is blunt force trauma. "Blunt force trauma" is the term the ME used.

  4. #44
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    The more I think about this the less I like it. It's possible for all three injuries to be caused by one kick that would only leave one external bruise. The spleen is located behind the left 7th rib directly below the left lung. So one kick with the ball of the foot could break the left 6th and 7th ribs. The left 7th rib could rupture the spleen and left 6th rib bruise left lung. This leaving only one external bruise. That leaves the shape, size and placement of the external bruise to help determine what caused that bruise. That I have no information on.

  5. #45
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    Looks to be a model citizen.The guy was basically a walking dead man. All those years of drug abuse take their toll. So the police just let these people get away with hiding evidence? A healthy person probably wouldn't have been hurt nearly as bad. When a police officer instructs you to do something you are supposed to do it. I have a hard time feeling sorry for that POS dope head.

    Quote Originally Posted by Interstatelaw2009 View Post
    Nothing worse than when an innocent, law abiding, hardworking member of society gets killed!

    00312927B6 Anderson, Anthony F 08/1966 Defendant Baltimore City District Court 1400 North Ave. CR APPEAL 05/29/1990
    00349984B5 Anderson, Anthony 08/1966 Defendant Baltimore City District Court 1400 North Ave. CR Closed 02/03/1991
    0B00068957 Anderson, Anthony 08/1966 Defendant Baltimore City District Court 1400 North Ave. CR Closed 06/11/1995
    104112024 Anderson, Anthony 08/1966 Defendant Baltimore City Circuit Court Criminal Closed 04/21/2004
    109027015 Anderson, Anthony 08/1966 Defendant Baltimore City Circuit Court Criminal Closed 01/27/2009
    1B01903819 Anderson, Anthony F 08/1966 Defendant Baltimore City District Court 1400 North Ave. CR Closed 08/23/2007
    2B01600762 Anderson, Anthony 08/1966 Defendant Baltimore City District Court 1400 North Ave. CR Closed 04/01/2004
    2B01902308 Anderson, Anthony 08/1966 Defendant Baltimore City District Court 1400 North Ave. CR Closed 08/21/2007
    3B00065712 Anderson, Anthony 08/1966 Defendant Baltimore City District Court 1400 North Ave. CR Closed 05/14/1995
    4B00026044 Anderson, Anthony 08/1966 Defendant Baltimore City District Court 1400 North Ave. CR Closed 05/03/1995
    4B02157313 Anderson, Anthony 08/1966 Defendant Baltimore City District Court 1400 North Ave. CR Closed 01/27/2012
    500028047 Anderson, Anthony F 08/1966 Defendant Baltimore City Circuit Court Criminal Closed 01/28/2000
    6B01600325 Anderson, Anthony F 08/1966 Defendant Baltimore City District Court 1400 North Ave. CR Closed 03/28/2004
    6B01965116 Anderson, Anthony F 08/1966 Defendant Baltimore City District Court 1400 North Ave. CR Closed 01/13/2009
    6B02094847 Anderson, Anthony 08/1966 Defendant Baltimore City District Court 1400 North Ave. CR Closed 11/01/2010
    804147015 Anderson, Anthony F 08/1966 Defendant Baltimore City Circuit Court Criminal Closed 05/26/2004
    811042011 Anderson, Anthony 08/1966 Defendant Baltimore City Circuit Court Criminal Closed 02/11/2011
    812072008 Anderson, Anthony 08/1966 Defendant Baltimore City Circuit Court Criminal Closed 03/12/2012

  6. #46
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    Quote Originally Posted by markh View Post
    Looks to be a model citizen.The guy was basically a walking dead man. All those years of drug abuse take their toll. So the police just let these people get away with hiding evidence? A healthy person probably wouldn't have been hurt nearly as bad. When a police officer instructs you to do something you are supposed to do it. I have a hard time feeling sorry for that POS dope head.
    If the SA is going to ignore evidence like witness testimony. Then apparently evidence isn't all that important. Btw, people get away with hiding evidence millions of times a day, everyday and the world goes on.

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    All three officers were working the 4 p.m.-to-midnight shift as part of the now-disbanded Violent Crime Impact Section, which focused on drug deals and violent crime. Patrolling the eastern streets in an unmarked car and plainclothes wearing clearly labeled police vests, Bernstein said, they saw Anderson making a drug deal just after he left a bar. The detective said he saw Anderson slip a plastic baggie into his mouth. Strohman pounced, putting Anderson in a "bear hug," Bernstein said. He fell on top of Anderson with his arm pinned underneath. A loose pill and the bag came tumbling out of Anderson's mouth, prosecutors said. The contents were later found to have been four heroin gel capsules, one of which they said was half chewed.

    The autopsy revealed only one external bruise, which Bernstein said came from the fall. There were no other marks suggesting kicks or rough treatment, he said.

    "The use of a bear-hug takedown is a very standard tactic, especially used by undercover officers chasing a suspect," said retired Los Angeles police Capt. Greg Meyer, who helped run the Los Angeles Police Academy during his tenure and remains a national use-of-force consultant. "It's not typically injurious, but it can be. It's not an unusual tactic."
    The autopsy showed no evidence of any brutality. I know a lot of people who have never had any issues with the police. I also know a few who have had run-ins with them. In every instance, those having a run-in with the police were violating the law in some way. The suspect was observed in a drug deal, when confronted he attempted to get away, the police subdued him in a typical manner at which time he attempted to ingest the evidence. If the suspect were not engaging in illegal behavior and attempting to flee the police, he would most likely be alive today. Everyone wants the police to handle crime and clean up their neighborhoods, yet when something unfortunate happens in the process of arrest, they instantly want to blame them. Too bad for this guy, but if he weren't breaking the law, he would never have been involved in the conflict.

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    Quote Originally Posted by Wizard777 View Post
    If the SA is going to ignore evidence like witness testimony. Then apparently evidence isn't all that important. Btw, people get away with hiding evidence millions of times a day, everyday and the world goes on.
    Witness testimony is not as reliable as autopsy evidence. The autopsy showed no evidence of brutality above and beyond a common take down technique. Witnesses can say anything they want, the forensics don't lie.

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    Quote Originally Posted by cprenegade View Post
    Witness testimony is not as reliable as autopsy evidence. The autopsy showed no evidence of brutality above and beyond a common take down technique. Witnesses can say anything they want, the forensics don't lie.
    I don't disagree with what you said about witness testimony. What is even less reliable is suspect testimony. In this case the officers. If the cause of the injuries were accidental. Be it an auto accident or a fall as the officers said it was. The proper term for that is blunt trauma. If the cause of the injuries were from an attack then the proper term from that is blunt force trauma. I will even admit that not all ME's use the differentiating terms. But that still does not change the fact that the physical evidence supports the testimony of the witnesses. Lets assume that the officer did fall on top of him. Is the Officer 300+ lb's? Like Phat Herb who fell on top of Officer Quick without breaking his ribs, bruising his lung and rupturing his spleen. If in that accidental fall Phat Herb had caused injuries to Officer Quick that resulted in his death. Do you think anyone would be calling that an accident. Even with a diseased Spleen. There is no brittle bone disorder to account for the broken ribs which would have occured before the spleen was ruptured. Apparently this isn't as typical as some would like to think it is.

  10. #50
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    Quote Originally Posted by Spot72 View Post
    The actions that were done to the deceased have been in play for decades by the "knockers" towards residents in certain neighborhoods in Baltimore. This is one of the leading causes of why residents in these neighborhoods will not co-operate with law enforcement.

    Three "knockers" placed handcuffs on Mr. Anderson and drove the undercover squad car up a few blocks and murdered this man in a empty lot. The officers are alive and can twist the story in 1,000 ways but the fact is that the man was killed in custody. The positive news is that The Department of Justice is currently looking into this case.
    That is one of the most egregious comments I have ever read on this site. Harsh word from an amateur who assumes the officer intended to murder this man.

    Do you forget what city you live in, one of the most violent in the nation. Blame everything on everyone else except the people who are committing the crimes. The cops did it. It's their fault. The drug dealer was just doing business.

    Why don't you go out on a ride along and see for yourself except go unarmed and along and just say - you're under arrest and watch them say - OK I just give up!

    Of course there is no accountability in the city or its people period. Blame everything on everyone else.

    Put the badge on and see how long you would last on the streets. Murder! The ones getting murdered are by rivals are in the same business. As I said they'll all just throw up their hands and say I give up.

    We just went through this in the county and after the certain ones want to hang the police the SA ruled the shooting justified and then we find out the victim wasn't such a hero after all. Hero's don't have stolen property on them and try and grab the officers weapon.

    Maybe he police should pull out and then see what happens.

    Think before you write.

  11. #51
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    Default Bernstein

    Quote Originally Posted by Wizard777 View Post
    Oh ho hum. That a criminal code for dummies sheet. They're usually issued to cops. Both involuntary and voluntary manslaughter on your dummies sheet are listed as CR, §2-207. That is the criminal code for "Manslaughter." You show me in CR, §2-207 where they mention voluntary and involuntary manslaughter as specific offenses. They don't. Manslaughter is illegal that includes the subcatagories of manslaughter which would be voluntary and involuntary manslaughter. There are also subcatagories of voluntary and involuntary manslaughter which are also illegal. There is voluntary manslaughter and a subcatagory of infanticide. With involuntary manslaughter the sub catagories are CONSTRUCTIVE MANSLAUGHTER, criminally negligent manslaughter, vehicular manslaughter and assisted suicide. Maryland code lists vehicular manslaughter as a specific offense even though in legal theory it is considered to be a form of involuntary manslaughter.

    Please don't mistake your own ignorance for mine.
    Section please of criminal law article of annotated code that mentions the crime of constructive manlaughter. We will all wait for you to continue to try and practic law without a license.

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    Quote Originally Posted by Wizard777 View Post
    I don't disagree with what you said about witness testimony. What is even less reliable is suspect testimony. In this case the officers. If the cause of the injuries were accidental. Be it an auto accident or a fall as the officers said it was. The proper term for that is blunt trauma. If the cause of the injuries were from an attack then the proper term from that is blunt force trauma. I will even admit that not all ME's use the differentiating terms. But that still does not change the fact that the physical evidence supports the testimony of the witnesses. Lets assume that the officer did fall on top of him. Is the Officer 300+ lb's? Like Phat Herb who fell on top of Officer Quick without breaking his ribs, bruising his lung and rupturing his spleen. If in that accidental fall Phat Herb had caused injuries to Officer Quick that resulted in his death. Do you think anyone would be calling that an accident. Even with a diseased Spleen. There is no brittle bone disorder to account for the broken ribs which would have occured before the spleen was ruptured. Apparently this isn't as typical as some would like to think it is.
    Hard to say. It is possible for a take down fall to break multiple ribs, especially if the person being taken down was smaller or his body was weaker. Ben Roethlisberger had broken ribs, one that almost punctured his aorta, from a wrapup takedown. Now I realize the defensive lineman that nailed him was probably much bigger than a Baltimore city cop, but Roethlisberger is also bigger, in better shape, and much more well protected than the victim was. I would trust the coroner's report. If all of that damage was caused by excessive brutality, it would be present on the forensic report. The report indicated only one external bruise. If they were kicking and beating him, there would have been a lot more external damage than that.

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    Quote Originally Posted by Omaha Beach View Post
    Section please of criminal law article of annotated code that mentions the crime of constructive manlaughter. We will all wait for you to continue to try and practic law without a license.
    You're stuck on stupid. I've already explained it once. If you think we practice law here. I'll wait for your antipsychotics to kick in.

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    Quote Originally Posted by Wizard777 View Post
    You're stuck on stupid. I've already explained it once. If you think we practice law here. I'll wait for your antipsychotics to kick in.
    Don't bother waiting, they don't help him anyway

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    Quote Originally Posted by cprenegade View Post
    Hard to say. It is possible for a take down fall to break multiple ribs, especially if the person being taken down was smaller or his body was weaker. Ben Roethlisberger had broken ribs, one that almost punctured his aorta, from a wrapup takedown. Now I realize the defensive lineman that nailed him was probably much bigger than a Baltimore city cop, but Roethlisberger is also bigger, in better shape, and much more well protected than the victim was. I would trust the coroner's report. If all of that damage was caused by excessive brutality, it would be present on the forensic report. The report indicated only one external bruise. If they were kicking and beating him, there would have been a lot more external damage than that.
    This is the crux of it. This claim that the bear hug is to prevent a suspect from swallowing drugs is intellectually dishonest at best and pure BS at worst. A bear hug occurs no where near anything in the body involved in swallowing or have no effect upon swallowing. The purpose for this move is knock the wind out of them in hopes that will cause the expellation of anything in the mouth. Whichis exactly what happened. It's basically an end zone run around the possibility of a warrant requirement for a cavity search. It's a neat trick.......until it kills someone. Before an officer can use force to prevent a person from swallowing something they must have at a minimum probable cause. The officers were proceeding upon suspicion. Even if it rose to the level of reasonable suspicion that is not sufficient. This also violated safe path/exist philosopy. Even if he did swallow what was in his mouth. It can be retrieved later by less violent means at a hospital. Also the officer did not attempt to use lesser compliance tactics such as blocking his path as he was walking away or grabbing him by the arms in seizing his person. They just went straight to overkill on a hunch.

    Illegal seizure (Person) + illegal search tactic + execessive force (Search) = Manslaughter.

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    Default Bernstein

    Quote Originally Posted by bmore_ken View Post
    Don't bother waiting, they don't help him anyway
    I passed the Feb. 1980 Bar exam unlike you and Oliver Wendell Wizard. I have asked him repeatedly to quote the Section in the criminal law article of the annotated code that mentions any such crime of "constructive manslaughter". Perhaps you can find it. Ill wait.

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    Quote Originally Posted by Omaha Beach View Post
    I passed the Feb. 1980 Bar exam unlike you and Oliver Wendell Wizard. I have asked him repeatedly to quote the Section in the criminal law article of the annotated code that mentions any such crime of "constructive manslaughter". Perhaps you can find it. Ill wait.
    Your law school did teach you that it's not a crime to discuss the law or form opinions on it but it is a crime to impersonate a lawyer?

    If you are a lawyer as you say, then you should know that Maryland Code does not distinguish between voluntary and involuntary manslaughter. Both are charged under § 2-207, Manslaughter. Voluntary or involuntary manslaughter are theories of the crime. So the theory of the crime would be constuctive manslaughter>involuntary manslaughter>manslaughter.

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    Quote Originally Posted by Omaha Beach View Post
    I passed the Feb. 1980 Bar exam unlike you and Oliver Wendell Wizard.
    Yet another message board lawyer

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    Quote Originally Posted by bmore_ken View Post
    Yet another message board lawyer
    I didn't even stay at a Holliday Inn Express last night. I'm just 81 and you tend to pick up a few things walking down that long arse road.

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    Bernstein hits airwaves, defends Anthony Anderson decision

    Baltimore State’s Attorney Gregg L. Bernstein on Monday reached out to the black community by answering call-in questions on WOLB’s Larry Young Morning Show about his controversial decision to not prosecute the three Baltimore police officers involved in the death of East Baltimore resident Anthony Anderson.

    On Thursday, Bernstein said his office had determined that Detective Todd A. Strohman used appropriate action when he tackled Anderson during a September drug arrest that resulted in broken ribs and a lacerated spleen, which killed the 46-year-old man.

    Officers said Anderson was attempting to swallow drugs while walking away from them, which caused Strohman to use a “bear hug” to take him to the ground and preserve evidence.
    The decision not to prosecute has angered Anderson’s family, who believe police used excessive force in detaining Anderson who posed police no threat.

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