Third day of Nero case wraps

Posted at 11:29 PM, May 16, 2016
and last updated 2016-05-16 23:29:09-04
Two big bombshells in officer Edward Nero's trial Monday as the state rests but before that, Nero's fellow officer, Garrett Miller, was called to testify, along with 14 other witnesses.
"The state survived the first series of motions to dismiss charges with the judge saying there's enough evidence here," University of Maryland law professor, Doug Colbert, told ABC2.
Enough evidence to continue the state's case against officer Edward Nero.
"Even in the light most favorable to the state,  which is the standard to be applied, the state has come close to satisfying the elements to prove him guilty beyond a reasonable doubt," attorney Warren Alperstein said.
The defense brought in former Baltimore Police Chief Timothy Longo, an expert on police policy.
"He certainly tried to help the defense argument that officers used discretion but what came out actually proved helpful to the prosecution," said Colbert.
Longo, who left Baltimore to head Charlottesville Virginia's police department has also consulted for departments throughout the country but said:
"Police can use discretion but if it's deviating from a general order of the police commissioner there must be a very good explanation for that," Colbert said.
Discretion on whether to belt in a detainee or not.  Just days before gray's arrest a general order, intended to keep detainees safe during transport, was put in place.  Nero  says he never saw it. Enter fellow officer Garrett Miller to corroborate that and testify that Nero was not the arresting officer .
"I think Garrett Miller helped the defense tremendously.  It was officer miller who made it abundantly clear that officer Nero had nothing to do with the initial detention,"  Alperstein said.
"It was high drama to have officer miller testify against his brother officer, Nero and officer miller certainly tried to help the defense case," Colbert said.
Miller testified that he alone handcuffed and detained Gray.  He also said Nero only helped to load gray into the back of the wagon by his feet.  Harking back to the controversial issue of detention versus arrest.
"It's such a murky, fine line it's so difficult at the end of the day to separate the two that the remedy is not to file criminal charges. Historically throughout Maryland and the united states, the remedy is to dismiss the case," Alperstein said.
Which the defense tried and was denied.
Another interesting development, Baltimore Police wagon driver, officer Caesar Goodson, has asked the court to dismiss his case. He faces the most serious charge of the six officers involved - second degree murder. Goodson says his right to a speedy trial has been violated--he's scheduled to stand trial next month.
Nero's trial resumes Tuesday.

Download the ABC2 News app for the iPhone, Kindle and Android.