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The Baltimore Sun from Baltimore, Maryland • A19

Publication:
The Baltimore Suni
Location:
Baltimore, Maryland
Issue Date:
Page:
A19
Extracted Article Text (OCR)

WEDNESDAY, JUNE 10, 2015 THE BALTIMORE SUN 19 Police were asked to target North Ave. area Video online For video of Sun editor David Rosenthal talking about the article, go to baltimoresun.com EMAIL, From page 1 afternoon, Ritchie said. Mosby's office has dismissed previous defense calls for her recusal, including those based on conflict-of-interest allegations stemming from her husband's post as city councilman in the district where Gray was arrested. In their motion Tuesday, defense attorneys said the email exchange shows that Mosby knew the area where Gray was chased was a high-crime location. They said that bolsters their argument that officers were within their rights to detain and handcuff Gray even before finding a knife and officially arresting him.

"It must be understood that Mrs. Mosby was directing these officers to one of the highest crime intersections in Baltimore City and asking them to make arrests, conduct surveillance, and stop crime," the defense attorneys wrote. "Now, the State is apparently making the unimaginable argument that the police officers are not allowed to use handcuffs to protect their safety and prevent flight in an investigatory detention where the suspect fled in a high crime area and actually had a weapon on him." In the March 17 email to Maj. Osborne Robinson, Rosenblatt wrote that Mosby's office wanted to build on the success in reducing crime in the West Baltimore neighborhood through the Operation Ceasefire program by "targeting that intersection for enhanced prosecutorial (and hopefully police) attention." In that pro- gram, prosecutors, police and community groups work together to persuade criminals to reform. On March 20, Robinson forwarded Rosenblatt's email to several Western District officers, including Lt Brian W.

Rice. He was one of the three officers who arrested Gray and one of the six later charged in Gray's arrest and death. Robinson told Rice and the other officers to begin a "daily narcotics initiative" focused on North Avenue and Mount Street, according to the email, and said he would be collecting "daily measurables" from them on their progress. "This is effective immediately," Robinson wrote, noting that the officers should use cameras, informants and other covert policing tactics to get the job done. Lt Kenneth Butler, president of the Vanguard Justice Society, a group for minority and female Baltimore police officers, said that when orders such as Robinson's come down to target a specific corner, the response is consistent.

"They want increased productivity, whether it be car stops, field interviews, arrests that's Nick Mosby did not respond to a request for comment. Mosby and her office have dismissed the alleged conflicts as baseless. In a state filing, Chief Deputy State's Attorney Michael Schatzow called the suggestion that Nick Mosby's position was a conflict that should prevent her from trying cases in an entire city district "truly a breathtaking non-sequitur." Schatzow also wrote that the "notion that Mrs. Mosby would bring baseless criminal charges with the entire nation watching just so that Mr. Murphy might have some advantage in the civil case is ludicrous." In the same filing, Schatzow said Gray's arrest was illegal.

"Mr. Gray was arrested well before the arresting officers knew he possessed a knife," Schatzow wrote. "Mr. Gray was handcuffed at his surrendering location, moved a few feet away, and placed in a prone position with his arms handcuffed behind his back, all before the arresting officers found the knife." Defense attorneys said in their filing Tuesday that Mosby's office had come up with this "new theory" to support otherwise unfounded charges against the arresting officers. They wrote that the involuntary detention of a suspect using handcuffs prior to an arrest known commonly as a "stop and frisk" is legal according to decisions by the Supreme Court and Maryland appeals courts, as well as the Baltimore Police Department's general orders.

Stop-and-frisk policies have long been controversial in Baltimore, where a decade of "zero -tolerance" policing, including under then-Mayor Martin O'Malley, sparked resentment from residents, especially in predominantly African-American neighborhoods where residents say young men are harassed by police. In 2013, Baltimore police stopped using the term "stop-and-frisk" to describe their tactics, but continued stopping and searching individuals suspected of criminal activity Under a 2006 general order that was valid until April of this year, officers were told they could use handcuffs during "involuntary detentions" based on "reasonable suspicion" a standard that "is more than mere suspicion, but less than probable cause." In April, a revised policy was issued, but it did not change the department's basic stance on the use of handcuffs during such stops. According to the policy, "investigative stops" can involve the "delay or hindrance of an individual's freedom of movement" when an officer has a "reasonable, articulable suspicion" to justify it. Such a suspicion can be based on a variety of actions, the policy says, including "furtive behavior," "evasive conduct or unprovoked flight" and "presence in a high crime area." Byron Warnken, a law professor at the University of Baltimore, said there is "an amorphous sliding scale between a stop and an arrest" It is based on overall circumstances, including how long a person is detained, use of force and the factors that led the officers to become suspicious. Warnken's firm was hired by Mosby's office before Gray's arrest to train Baltimore officers on Fourth Amendment issues.

He said he will be teaching nuances of the law to officers enrolled in his training courses in the coming weeks. The defense attorneys said Gray was only detained long enough for officers to protect their safety with a weapons check and confirm their suspicions of criminal activity through the discovery of the knife. krectorbaltsun.com twitter.com rectorsun what they mean by measurables," he said. Buder, who said he has been a shift commander on and off for the past IS years, added, "You have to use whatever tools you have whether it be bike officers, cameras, foot officers, whatever you have to abate that problem. So you're going to have to be aggressive." Buder said he has never seen such orders come from the state's attorney's office but that they come at the request of politicians and community leaders all the time.

"Once you're given an order, you have to carry it out. It's just that simple," he said. Kinji Scott, a longtime community activist, defended Mosby's crime-fighting efforts. He said she did not order police to "put Freddie Gray in a situation where he had his spine severed. We cannot fault her for doing her job and being involved in the community." Gray, 25, was arrested April 12 a couple of blocks south of North Avenue and Mount Street after making eye contact with police and running away, according to police.

Mosby's office said Gray sustained a severe spinal cord injury while being transported in a police van. His death a week later, April 19, touched off days of protests that culminated in looting, arson and rioting in a number of neighborhoods, forcing city officials to call in the National Guard and implement a curfew. Officer Caesar Goodson the driver of the police van, was charged with second-degree depraved heart murder; Rice, Sgt Alicia D. White and Officer William G. Porter have been charged with manslaughter.

Officers Edward M. Nero and Garrett E. Miller, the two others involved in Gray's arrest, face lesser charges, including second-degree assault. Under Operation Ceasefire, which tries to break the cycle of recidivism by offering repeat offenders social services to leave crime behind, police and prosecutors sometimes share ideas and coordinate to keep the worst offenders off city streets. According to Rosenblatt's email, Mosby had been contacted for help in addressing drug dealing at North and Mount by a "mentoring group" that described a "drug shop located direcdy outside of their facilities." Rosenblatt, a former city detective, said Mosby had received photographs from a resident of drug dealing at the corner.

"I realize that resources are thin for a long-term investigation, but hopefully we can combine community involvement with the state's attorney's office and Police Department cooperation to make something happen," Rosenblatt wrote. Rosenblatt's Crime Strategies Unit, according to the state's attorney's website, uses "technology, data analysis, and intelligence-gathering to identify trends in crime, focus in on the offenders driving that crime, and target those offenders for enforcement" Rosenblatt could not be reached for comment. Defense attorneys for the six officers have argued previously that Mosby should not handle the case because of alleged conflicts of interest, including "the seizing of political and personal gain by" Mosby and her husband, City Councilman Nick Mosby, and close ties between her and attorney William H. "Billy" Murphy who represents Gray's family. Nick Mosby represents the district where the worst of the rioting occurred after Gray's death.

Murphy supported Marilyn Mosby's election campaign, served on her transition committee and represented her in a matter before the Attorney Grievance Commission. Murphy declined to comment Tuesday; SCRIVENER, Elizabeth Gavin "Betty" On June 8, 2015, Elizabeth Gavin "Betty" Scrivener beloved wife of John Dent Scrivener; dear mother of Mary Beth, Margaret A. John G. (Kim), Michael D. (Tammy), C.

Mark (Victor) and Timothy J. (Jeanne) Scrivener; dear grandmother of Brad, Jennifer, Christopher and Jake Scrivener; dear great-grandmother of Owen Freise. Also survived by nieces and nephews. Friends may call at the family-owned MITCHELL- WIEDEFELD FUNERAL HOME 6500 York (at Overbrook) on Wednesday from 2-4 7-9 PM. A Prayer Service will be held Thursday at 9:30 AM.

Interment New Cathedral Cemetery. Those desiring may make memorials in her name to The Cancer Center of St Joseph Medical Center, 7601 Osier Towson, MD 21204 or Gilchrist Hospice, 11311 Mccormick Suite 350, Hunt valley, MD 21031. www.mwfuneralhome.com SIMKIN, Ruth On June 8, 2015, Ruth Simkin (nee Wolf); beloved wife of the late Samuel Simkin; devoted mother of Phillip (Judy) Simkin, and Beverly (Dr. Martin) Shuman; loving grandmother of Jeffrey (Jamie) Simkin, Jennifer (Brian) Mekiliesky Todd (Shelly) Simkin, Alison Shuman, Amy Shuman, Joshua Shuman, Daniel (Lauren) Shuman, and Mollie (Jonathan) Caplis; cherished great grandmother of Ashley and Emily Simkin, Macy and Colby Mekiliesky, Addie, Rebecca, Libby David and Jane Simkin, Max and Benjamin Shuman, Izzy and Meyer Shuman, and Samuel and Estelle Caplis; beloved daughter of the late Isadore and Hannah Wolf. Services at SOL LEVINSON 8900 Reisterstown Road, at Mount Wilson Lane on Thursday, June 11, at 3 pm.

Interment Beth Tfiloh Cemetery 5800 Windsor Mill Road. Please omit flowers. Contributions in her memory may be sent to Gilchrist Hospice Care, 11311 Mccormick Road, Suite 350, Hunt valley, MD 21031. In mourning at 28 Roland Green (village of Cross Keys), Baltimore, MD 21210. www.sollevinson.com SPANGLER, Bessie Bungard Bessie Bungard of Catonsville, Maryland, loving wife of Jack Spangler for over 57 years, passed away June 7, 2015.

She was born December 8, 1932 in Butler Indiana, the daughter of the late Oliver and Effie Hodge Bungard. She graduated from Butler High School in 1952 and immediately DEATH LODGE NOTICES MCKECHNIE, Virginia Mae (Tomlinson) On May 25, 2015, peacefully. Beloved wife of A. Ran-dell McKechnie; dear sister of James Ullrich and the late Thelma Ullrich; loving mother of Craig Tomlinson (Raquel Da Rosa) and Andrew Tomlinson, (Lou Mer-corella); and proud grandmother of Daniel, William and Matthew Tomlinson. Memorial service 2:00 P.M., June 13, at Broadmead, 13801 York Road, Hunt Valley.

In lieu of flowers, memorial donations in Ginny's name may be made to The Thomas More Project, 2 Willwood Court, Baltimore, MP 21209. MURPHY James Richard On June 5, 2015 James Richard Murphy beloved son of James R. Murphy IV and Catherine Lee Murphy; loving brother of Ciara Rose Murphy; devoted grandson of James R. Murphy III and Mary Murphy, Eleanor Richardson and her husband Ronnie and Raymond Faulkner; dear nephew of Christina Murphy Donahue and her husband Rob, Michael and Lisa Faulkner; loving cousin of Steve, Tyler, Cameron and Delanie Buchannon, Landon Faulkner and the entire, loving Shaw family. The family will receive friends at the Schimunek Funeral Home, Inc.

(9705 Belair Road Nottingham, MD 21236) on Friday from 3-5 7-9 p.m. and on Saturday from 1:00 a.m. at thezion Evangelical Lutheran United Church of Christ (7200 Golden Ring Road 21221) Funeral Service to begin at 11:00 a.m. Interment private. In lieu of flowers, donations may be directed to the Living Legacy Foundation of Maryland or the Perry Hall High School Music Dept.

(4601 Ebenezer Road 21236). Online condolences may be left at: www.schimunekfuneralhomes.com NARK, Donald R. On June 7, 2015 Donald R. Nark, 81, loving husband of Dolores Panacio Nark, Essex, father of Dianne Sechak, Bel Air, grandfather of Nicole Sechak. Preceeded in death by a son in law, Peter Sechak.

Friends and relatives may call at Bruzdzinski Funeral Home PA. at 1407 Old Eastern Avenue, Essex at route 702 (Beltway exit 36) on Friday morning 8 AM. Mass of Christian Burial to follow at 11 AM in Our Lady Queen of Peace Roman Catholic Church, 10003 Bird River Road, Middle River. Interment will be Saturday, June 13th, 12 noon in St. Joseph's Cemetery, Fountain Springs, PA.

NEPTUNE, Robert W. The officers and members of Local Union 24 IBEW, regret to announce the death of retired brother Robert W. Neptune, and extend sincere sympathy to his family. Gary R. Griffin Business Manager NITTINGER, Mary Elizabeth On June 7, 2015, Mary Elizabeth Nittinger (nee Costello) beloved wife of the late Melvin E.

Nittinger, Sr. devoted mother of Melvin E. Nittinger, Jr and his wife Sharon, Thomas E. Nittinger and his wife Sherri of Boonsboro, MD; loving grandmother of Lauren, Madison and Alec Nittinger; dear sister of Lucy Fertitta Friends may call at the family owned Leonard J. Ruck, Inc.

Funeral Home 5305 Harford Rd. (at Echodale) on Wednesday from 2-4 7-9 PM. A funeral mass will be held at St. Anthony Church on Thursday at 10:00 AM, Interment Most Holy Redeemer Cemetery. Contribution may be made to Sisters of St.

Francis of Philadelphia 609 S. Convent Rd. Aston, PA 19014 www.RuckFuneralHomes.com REABE, Renee Marcel On May 22, 2015, Renee Marcel Reabe, beloved daughter of Gene Reabe and Barbara Raymond; devoted sister of Marco Reabe; dear aunt of Abyn Reabe; loving niece of Angelo and Joyce Romano, James and Patricia Reabe, and Richard and the late Marna McCarthy, and the late Denise Raymond; affectionate stepdaughter of Kathy Reabe, was released into the hands of God. A memorial service will be held at MITCHELL-WIE- DEFELD FUNERAL HOME 6500 York (at Over- brook) on Sunday June 14, 2015, www.mwfuneralhome.com RUFFINI, ill, Ameil "jay" On June 7, 2015, Ameil "Jay" Ruffini, III, beloved husband of Sandra Ruffini (nee Rowley), devoted father of Jennifer Sauer and Kimberly Hughes, loving grandfather of Kaleb, Emily and Josh. Also survived by his mother Leah Ruffini, sister Michele Krueger, many nieces and nephews and many other loving close family members.

Services and interment are private. Those desiring may make memorial contributions to Gilchrist Hospice Care, 11311 Mccormick Road, Suite 350, Hunt valley, MD 21031. www.bradleyashton.com SCHILLING, Edward M. Surrounded by his family on June 9, 2015 EDWARD M. "JACK" SCHILLING, devoted husband of 57 years to Anne Z.

Schilling; loving father of Claire Schilling Simmons and her husband Jeff, Julia S. Holley and her husband Jayce, Victoria S. Mallcott and her husband Roland and Charles E. Schilling and his wife Molly; cherished grandfather of Cecilia, Jayce, Edward Clayton, Tyler, Jordan, Laura-Anne, Connor and Sarah. The family will receive friends in the LEMMON FUNERAL HOME OF DULANEY VALLEY 10 W.

Padonia Road (at York Road) Timonium, MD 21093 on Thursday, 3-6pm. Funeral Services will be celebrated in the funeral home on Friday, June 12 at 2pm. Interment Dulaney Valley Memorial Gardens. In lieu of flowers, expressions of sympathy may be directed in Mr. Schilling's memory to the Air Force Association, 1501 Lee Highway, Suite 400, Arlington, VA 22209 or McDonough School Athletic Fund, co McDonough School, 8600 McDonough Owings Mills, MD 21117, Attn: Lee Ward.

A guest book is available at www.lemmonfuneralhome.com Investigators seek accomplices in prison break went to work tor the FBI in Washington, DC. In 1953 she met her future husband at Fort Meade, MD. They were married in 1957 and together had four children. In May of 2013, they moved from the large family home in Ellicott City, Maryland to an apartment at the Charlestown Retirement Community in Catonsville. She is survived by her husband Jack and four children, Janet and Mark Branch of South Park, PA, Gary and Juli Beckelheimer Spangler of Columbus, OH, Karen and Bob Black of Richmond, VA and David and Lydean Ratcliffe Spangler of Hollywood, MD; sisters-in-law, Barbara Spangler of Floyd, VA and Marie Spangler of Ft.

Washington, MD. Also surviving are nine grandchildren and two great-grandchildren along with numerous nieces and nephews. Funeral service will be held 11:00 a.m., Thursday, June 11, 2015 at the Presbyterian Church of Floyd with Interment in the Jacksonville Cemetery. Family will receive friends from 6:00 p.m. to 8:00 p.m., Wednesday, June 10, 2015 at Maberry Funeral Home.

Online condolences may be made by visiting www.maberryfuneralhome.com STATON, Renee Altonia On June 3, 2015, Renee Altonia Staton; beloved wife of Melvin Leon Staton, Sr. On Thursday, friends may call VAUGHN C. GREENE FUNERAL SERVICES, 8728 Liberty Road (Randallstown) from PM. On Friday, Mrs. Staton will lie instate at Whitestone Baptist Church, 3001 Baker Street, where the family will receive friends from with services to follow.

Inquiries to (410) 655-0015. ra'Sjdallstown VOGLER, William Edward William Edward vogler, 89 years old, died peacefully on Monday, June 8, 2015 at the Arden Courts of Tow-son. Born September 12, 1925 in Baltimore, he was the son of the late Arthur vogler and Mary Thomas Vogler. He was the husband of the late Rose Sara Vogler. Father and father-in-law of Sandra and David Behe, Carol and Nick Scholtes and Michael and Lori Vogler.

Also survived by 7 grandchildren and 14 great grandchildren. He served honorably in WWII with the United States Navy. He retired after working as a service technician with the former Telephone Company. He spent a lifetime of volunteerism and service to others with the Lions Club of which he was Past District 22 Governor. He was honored with both the Melvin Jones Fellow for dedicated Humanitarian Services and his work with Leader Dogs for the Blind.

A funeral mass will be celebrated Thursday, June 11, 2015 at 10:00 AM at Sacred Heart Catholic Church, 65 Sacred Herat Lane, Glyndon, MD 21071. Interment in Garrison Forest veterans Cemetery at a later date. Arrangements by Eckhardt Funeral Chapel, PA. of Owings Mills. Online condolences may be offered at By Michael Hill and Michael Virtanen Associated Press DANNEMORA, NY.

-As investigators seek accomplices who may have helped two convicted murderers escape a maximum-security prison, many other questions remain about the elaborate breakout. How could nobody hear prisoners slicing through a steel wall, breaking through brick and cutting their way in and out of a steam pipe or why did those who heard stay silent? How did the inmates hide the hole, the dirt and dust from work that likely took days to accomplish? Did they have access to blueprints or other inside information to chart their path through the bowels of the prison? And as a manhunt for the prisoners stretches into a fourth day, there is a deepening unknown: "What the rest of the plan was," said Rick Mathews, the director of the University at Albany's National Center for Security and Preparedness. "Where were they going to go, and how were they going to do it?" As investigators ques- DARREN MCGEENEW YORK STATE GOVERNOR'S OFFICE New York Gov. Andrew Cuomo checks the inmates' escape route at the prison in Dannemora, N.Y., over the weekend. through a manhole to make their escape, discovered early Saturday, authorities said.

They had stuffed their beds with clothes to fool guards making their rounds and left behind a taunting sticky note that read: "Have a nice day." The prisoners surely had help, and the noise must have been heard, Gov. Andrew Cuomo said, though officials have given no details on how the men managed to avoid detection. tioned prison workers and outside contractors to try to find out who may have supplied power tools used in the escape, law officers questioned drivers and searched trunks at checkpoints near the Clinton Correctional Facility in northern New York. Authorities said the escaped prisoners, David Sweat and Richard Matt, could be anywhere. Sweat, 34, and Matt, 48, ultimately emerged Baltimore Sun Death Notices are Accessible online at:.

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