Monday 30 November 2015

The Freddie Gray Trials Begin.

Today in Baltimore, US the first of six trials into the April 12th (12/4/15) death of Freddie Gray has begun.

As always with trials this is likely to start slowly with lots of procedural motions such a jury selection. However it is likely that the Black Lives Matter (BLM) protest movement along with their supporters in the US media will soon work themselves up into an absolute frenzy about the justice they have won.

The truth is that the trials have been scheduled to demonstrate the complete and exact opposite.

As I may have mentioned once of twice today also sees the start of the 21st Conference of Parties (COP21) to the United Nations Framework Convention on Climate (UNFCCC) in Paris, France.

The agreement that COP21 is set to produce has not yet been written. As a result at this point it is difficult to say what it is let alone what it is like. However it is shaping up to be very different from the Kyoto Protocol (KP) it replaces.

Essentially what happened under the KP is that the Intergovernmental Panel on Climate Change (IPCC) mandated cuts that 34 nations would have to make to their greenhouse gas (GHG) emissions. As this ceded national sovereignty the US did not sign up to it.

The KP actually expired in 2012 and the first battle of every COP summit since has been to renew it on a yearly basis to prevent action on climate change stopping completely.

This new agreement is centred on getting all nations to accept that man-made climate change is real and that they need to determine for themselves what action they need to take to prevent it. It then lays out the rights and responsibilities of all nations have in taking action.

So for example everybody has the responsibility to take action. However they have the right to prioritise certain development goals - such as providing enough food for their populations - ahead of action on climate change.

If I were to reduce what is a very complex agreement down to the level of a simple sound-bite I would say that it is a "Climate Constitution."

Probably the most famous constitution - particularly in the US - is the US Constitution.

This is the document that US President Obama has repeatedly defied, disregarded and defiled in the hope that BLM would sweep his Democrat Party to victory in both the November 2014 mid-term elections and the upcoming 2016 Presidential election.

The Freddie Gray case has been a particularly worrying example of this.

Although I'll need to check my notes the prosecution has involved numerous, serious violations of the Constitution. In particular the 5th amendment that prevents arrests being made without a Grand Jury indictment and the 6th amendment which should guarantee a fair trial by preventing the wild accusations the prosecution have made to the media including the malicious filing of a wrongful arrest charge.

Throughout the case there has been a persistent suspicion that the prosecutor - Marilyn Mosby - is wilfully and criminally attempting to pervert the course of justice in an effort to get her husband - Nick Mosby re-elected as a city councilman. This suspicion has increased with Mr Mosby's political ambitions which now see him standing as a candidate for city Mayor.

As such this trial could well begin with Ms Mosby standing up to deliver her opening statement only for the Judge to order her arrested and declare a mis-trial with prejudice under the concept of double jeopardy.

Therefore the Freddy Gray trials are scheduled to coincide with COP21 to act as a bullhorn to the world that Obama has no understanding of nor respect for the concept of a constitution. As such COP21 delegates may as well not bother.

The fact that BLM actually cost the Democrats victory in 2014 handing the Republicans their biggest majority in Congress since the 1940's is also intended to undermine confidence that Obama will be able to get any deal ratified by Congress.

As for the specifics of the trials they begin with the case of William Porter. This is considered the strongest case because although I've not had the opportunity to read them I've been led to believe that in his statements Mr Porter claims that Mr Gray told him that he was feeling unwell during the ride in the police van.

Therefore it seems likely that the prosecution will attempt to argue that this is clear evidence that Mr Porter et al wilfully refused Mr Gray medical attention causing his death.

However it is also likely that the defence will argue that this is clear evidence that Mr Gray repeatedly lied about his medical condition. This refusal on Mr Gray's part to provide truthful information made it impossible for Mr Porter et al to exercise their duty of care towards him.

In short Mr Gray's death was the result of his own actions and therefore not a criminal matter.

Having spent so much time on the case already I would like to follow the trial(s) in more detail. Unfortunately it's hard to imagine a worse time for the US to schedule them for.


18:05 on 30/11/15 (UK date).

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