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	<title>Joe Murtha &#8211; Baltimore Magazine</title>
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	<title>Joe Murtha &#8211; Baltimore Magazine</title>
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		<title>Will Judge Make an Example Out of Catherine Pugh?</title>
		<link>https://www.baltimoremagazine.com/section/community/will-judge-make-example-of-catherine-pugh/</link>
		
		<dc:creator><![CDATA[Evan Greenberg]]></dc:creator>
		<pubDate>Wed, 27 Nov 2019 16:00:00 +0000</pubDate>
				<category><![CDATA[History & Politics]]></category>
		<category><![CDATA[News & Community]]></category>
		<category><![CDATA[Catherine Pugh]]></category>
		<category><![CDATA[Healthy Holly]]></category>
		<category><![CDATA[Joe Murtha]]></category>
		<guid isPermaLink="false">https://www.baltimoremagazine.com/?p=23615</guid>

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			<p>After former Mayor Catherine Pugh disappeared from public view over the past several months following her resignation from office, she reappeared last week to issue guilty pleas to charges of tax evasion and wire fraud related to the sale of her self-published <em><a href="{entry:116553:url}">Healthy Holly</a></em> children’s books for political and personal gain.</p>
<p>Pugh’s sentencing will be held February 27. With her guilty plea to <a href="{entry:122872:url}">four federal felonies</a>, the rest of her charges will be dropped by prosecutors. Although a maximum sentence on each charge could conceivably put the 69-year-old former mayor in jail for decades, that isn’t likely, according to local defense attorneys. The guidelines for Pugh’s sentencing, agreed upon by prosecutors and her attorneys as part of her plea deal, will recommend to the judge a length up of no more than five years in prison. </p>
<p>In the lead-up to the February sentencing, Pugh’s defense team and federal prosecutors will continue to work on their arguments to present before U.S. District Judge Deborah K. Chasanow.</p>
<p>Attorney David Irwin of Towson firm Irwin, Green, and Dexter says that it&#8217;s important to remember the presiding judge is not bound to the five-year sentencing recommendation that has arisen out of the plea deal. Each side’s preparation will factor into the final sentencing. </p>
<p>“If the guidelines are five years, you’re not fighting for probation,” Irwin says. “You’re fighting to get down to three to four years. It will be quiet from a news perspective until [February]. Unfortunately, it’s another public figure caught with their hand in the cookie jar.”</p>
<p>As far as the prosecution is concerned, they hope that the evidence they have collected related to Pugh’s admitted fraud and tax evasion will speak for itself. </p>
<p>“Assuming the government has evidence and they’ve looked at her tax returns and money versus what Pugh received for the books, it’s a fairly simple case,&#8221; says attorney Andrew Jay Graham of Kramon and Graham, a Baltimore law firm. &#8220;This is a hard one for her to argue a mistake.&#8221;</p>
<p>Pugh’s defense team is likely to make the case that she has been a public servant and worked to improve the city for nearly all of her career. At the same time, prosecutors are likely to highlight she broke the public’s trust as an elected official. </p>
<p>As the hearing nears, it is sure to spark debate throughout the city. Earlier this week, Baltimore City Councilman Ryan Dorsey started a conversation on Twitter, asserting that he believes Pugh should not serve jail time.</p>

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			<blockquote class="twitter-tweet"><p lang="en" dir="ltr">I loathed everything about Pugh as a Mayor and was infuriated and depressed by the how difficult she made my first years in government, how much more I/we could have done had she been even a decent human, but...<br><br>throwing her in jail will do nobody any good.</p>&mdash; Ryan Dorsey (@ElectRyanDorsey) <a href="https://twitter.com/ElectRyanDorsey/status/1198591081769832450?ref_src=twsrc^tfw">November 24, 2019</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
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			<p>Potentially playing against Pugh at sentencing is a scenario in which the presiding judge looks over the facts of the case, and decides it is necessary to send a message that serves as both a warning and a deterrent to other elected officials and public figures to refrain from this type of behavior. </p>
<p>“It’s more bad publicity for the city of Baltimore,” says Joe Murtha, a prominent attorney at Murtha, Psoras &amp; Lanasa, who was lead attorney for William Porter, the first Baltimore police officer charged in relation to the death of Freddie Gray. “Sometimes judges say, ‘There’s been a history of this, and we would hope it would end.’ For politicians who might be paying attention, you would hope that it would send a message.”</p>
<p>Sentencing judges typically take into account the overall character and personal circumstances of an individual who has come forward with a guilty plea. Between now and the hearing, Pugh’s lawyers will get written testimony from character witnesses, as well as determine who will give live testimony on her behalf. Local defense attorneys say that Pugh&#8217;s health and age will become factors that are taken into consideration as well.</p>
<p>“She’s a public servant and who had been entrusted with Baltimore City,” Irwin says. “There’s an argument to be made that you have to make an example of her and give her a significant sentence so that politicians won’t feel that they can do stuff like this. It was a violation of public trust.”</p>
<p>In public corruption cases like this, there is almost always <a href="https://www.baltimoresun.com/news/crime/bs-md-ci-cr-pugh-sealed-supplement-20191126-ly2igqjdcbda3mgqvvnb2whbve-story.html">part of the agreement that is sealed</a>. The contents of this supplement could amount to nothing of note, but it also contains any details related to the cooperation on behalf of the defendant. It’s unknown whether Pugh has cooperated with the government in providing information that could aid in recouping money or other materials related to the case, but if she were to do so, it could help her.</p>
<p>“If she is cooperating and there are other people who are to be indicted and potentially prosecuted, the normal agreement that a person makes in a cooperation agreement is to fully cooperate—meaning testifying in a grand jury or trial,” Murtha says. “If that is the case, one of the things you would look for is postponement of her sentencing date. That could also be a significant influencing factor on the court’s determination.”</p>
<p>In the meantime, the former mayor’s resignation, guilty plea, and upcoming sentencing will continue to cast a shadow into the new year and over the 2020 race for mayor.</p>
<p>“It appears to be more bad news for the city,” Graham says. “It’s more adverse publicity. There seems to be a run of that for the past few years. I keep hoping that we’ll get some real good news. Right now, the only bright spot is the Ravens.”</p>

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<p><a href="https://www.baltimoremagazine.com/section/community/will-judge-make-example-of-catherine-pugh/" rel="nofollow">Source</a></p>]]></content:encoded>
					
		
		
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		<title>​Officer Charged in Freddie Gray Case Takes Witness Stand</title>
		<link>https://www.baltimoremagazine.com/section/community/officer-charged-in-freddie-gray-case-takes-witness-stand/</link>
		
		<dc:creator><![CDATA[Ron Cassie]]></dc:creator>
		<pubDate>Wed, 09 Dec 2015 21:35:00 +0000</pubDate>
				<category><![CDATA[News & Community]]></category>
		<category><![CDATA[Douglas Colbert]]></category>
		<category><![CDATA[Freddie Gray]]></category>
		<category><![CDATA[Joe Murtha]]></category>
		<category><![CDATA[Michael Schatzow]]></category>
		<category><![CDATA[Warren Brown]]></category>
		<category><![CDATA[William Porter]]></category>
		<guid isPermaLink="false">https://www.baltimoremagazine.com/?p=69768</guid>

					<description><![CDATA[Baltimore police officer William Porter, facing charges related to the death of Freddie Gray from injuries suffered while in a police transport van, took the witness stand in his defense Wednesday. Porter, the first of six officers to be tried separately in Gray’s death, has been accused of involuntary manslaughter, reckless endangerment, second-degree assault, and &#8230; <a href="https://www.baltimoremagazine.com/section/community/officer-charged-in-freddie-gray-case-takes-witness-stand/">Continued</a>]]></description>
										<content:encoded><![CDATA[<p>Baltimore police officer William Porter, facing charges related to the death of Freddie Gray from injuries suffered while in a police transport van, took the witness stand in his defense Wednesday.</p>
<p>Porter, the first of six officers to be tried separately in Gray’s death, has been accused of involuntary manslaughter, reckless endangerment, second-degree assault, and misconduct in office. More than once during his cross-examination, Porter and Chief Deputy State&#8217;s Attorney Michael Schatzow got into combative exchanges.</p>
<p>&#8220;You did not protect Freddie Gray&#8217;s life, did you?&#8221; Schatzow asked Porter just before one court break.</p>
<p>&#8220;Untrue,&#8221; said Porter. He added: “It’s untrue because Freddie Gray wasn’t injured at the fourth stop and the fifth stop and had he’d been injured, I would’ve called for a medic.”</p>
<p>Porter did testify that Gray asked for medical help during his ride in the police transport van and that he told fellow officers about Gray’s request for medical assistance. Porter said he did not believe Gray was injured and wanted to avoid a trip to jail by going to the hospital. No medic call was made until after the transport van’s sixth and final stop at the <a href="https://www.baltimorepolice.org/your-community/your-district/western-district/police-station" target="_blank" rel="noopener noreferrer">Western District</a> police station where Gray was found not breathing.</p>
<p>Schatzow also asked Porter, for example, why he didn’t identify Lt. Brian Rice by name during his recorded interview with internal affairs five days after Gray’s death, indicating that perhaps Porter was trying to protect a fellow officer. Schatzow noted Porter&#8217;s earlier remarks regarding a <a href="http://www.wbaltv.com/news/man-killed-saturday-has-ties-to-baltimore-stop-snitching-dvd/33338434" target="_blank" rel="noopener noreferrer">&#8220;stop snitching&#8221;</a> culture among Baltimore’s criminal element and asked if a similar culture exists in the police department.</p>
<p>&#8220;Absolutely not,&#8221; Porter, 26, said. &#8220;I&#8217;m actually offended that you would say something like that.&#8221;</p>
<p>On the stand, Porter, described a desperate scene at the Western District police station <a href="http://www.baltimoremagazine.net/2015/12/8/bernie-sanders-visits-freddie-grays-sandtown-neighborhood" target="_blank" rel="noopener noreferrer">after Gray</a> was found unconscious with mucus around his mouth and nose.</p>
<p>“It was very traumatic for me also, seeing him in the neighborhood every day, calling his name and not getting a response,” Porter said.</p>
<p>“It felt like an eternity, I don’t know,” Porter said when asked how long it took an emergency medical team to arrive on the scene after Gray was found unconscious.</p>
<p>While Porter expressed concern for Gray’s safety on the stand, he and his defense team also repeatedly said that fellow officer Caesar Goodson, the driver of the transport wagon in which the 25-year-old suffered a broken neck, maintained primary responsibility for Gray.</p>
<p>Prosecutors allege that Porter “criminally neglected his duty&#8221; by failing to seat belt Gray into the back of the police wagon and failing to radio for emergency medical assistance when Gray indicated he needed medical assistance.</p>
<p>Prosecutors say Porter was obligated to do both per department guidelines. The defense claims that whatever the guidelines, in practice, few arrestees are ever seat belted into police transport vans. Porter and his team also brought in a medical expert to testify that Gray likely was not injured until just before arriving at the Western District—after the last time that Porter checked on Gray.</p>
<p>Also in dispute, as Porter spent nearly the entire day on the stand, were what the prosecution described as “discrepancies” in his statements to internal affairs investigators five days after Gray’s death, and his subsequent testimony in court. Porter said any differences in testimony on the witness stand were only additions or elaborations on his recorded interview with internal affairs investigators.</p>
<p>At one point, when prosecutor Michael Schatzow asked Porter why he was providing additional information on the stand that was not part of his interview shortly after Gray’s death, Porter responded, “When I made that statement, I made it as a witness. When I made that statement today, I was a defendant.”</p>
<p>Porter looked at ease and confident during questioning by his attorneys, in contrast to the sharper tone during cross-examination. Schatzow, the state’s lead prosecutor, appeared agitated at times during the cross-examination by Porter’s responses.</p>
<p>Called into question by Schatzow were earlier statements regarding when exactly Porter heard Gray say, “I can’t breathe,” as well as the position of Gray’s body before and after the alleged time of the fatal incident in the van. Prosecutors say Porter initially told internal affairs that Gray said he couldn’t breathe when Porter checked on him at the police van’s fourth stop—not at the first stop, when Porter said it took place on the stand. </p>
<p>Based on the medical examiner’s report, prosecutors also say that Gray’s critical injury during the unsecured ride took place before the fourth of ultimately six stops. Porter testified that Gray was not injured when he checked on him at that point.</p>
<p>Following Porter, Officer Zachary Novak took the stand for the defense. Novak, who was present at Gray’s arrest and later at the Western District station where he testified he pulled an unconscious Gray from the van, had previously been given immunity by prosecutors.</p>
<p>He testified that it is his practice to always call for a medic when an arrestee requests medical assistance. He also testified that only about 10 percent of those he’s personally arrested have been secured in police vans by seat belts.</p>
<p>University of Maryland law professor <a href="http://www.baltimoremagazine.net/2015/12/1/six-questions-with-maryland-law-professor-about-freddie-gray-case" target="_blank" rel="noopener noreferrer">Douglas Colbert</a>, who has been attending the trial, said he believes prosecutors helped their cause while Porter was on the stand. “I think the prosecution was very methodical in pointing out some discrepancies in Porter’s testimony,” Colbert said. “What I think they’ll do is follow up on those during closing statements.”</p>
<p>Ultimately, Colbert said, the case may come down to whether the jury trusts Porter’s testimony on the stand—that he never witnessed any indication Gray was injured, for example—or goes by his earlier recorded testimony to internal affairs. As far as testimony from various experts and character witnesses, Colbert said, “What’s wonderful about our jury system is that they are able to distinguish the relevant from the irrelevant.”</p>
<p>Prominent Baltimore defense attorney <a href="http://www.wabrownlaw.com/" target="_blank" rel="noopener noreferrer">Warren A. Brown</a>, also attending Wednesday’s trial, said he believes that prosecutors have focused too much on whether Porter should’ve have called for potentially life-saving medical assistance earlier. He thinks the prosecution would be better served by concentrating on Porter’s failure to seat belt Gray. “There are too many questions around when Gray’s injury took place,” Brown said.</p>
<p>Brown also said he thought Porter acquitted himself well on the stand, adding, however, that putting defendants on the stand sometimes raises the bar in jury’s minds—from the prosecution merely proving beyond a reasonable doubt to proving innocence. </p>
<p>As far as the verdict, Brown said he can’t make a prediction.</p>
<p>“It’s 50-50. It could go either way.”</p>
<p><em>*Presiding Judge Barry G. Williams has said that Porter&#8217;s trial will conclude no later than Dec. 17. The other five trials are scheduled as follows:</em></p>
<p><i> Ofc. Caesar Goodson: January 6, 2016, </i></p>
<p><i>Sgt. Alicia White: January 25, 2016, </i></p>
<p><i>Ofc. Garrett Miller: February 9, 2016</i></p>
<p><i>Ofc. Edward Nero: February 22, 2016</i></p>
<p><i> Lt. Brian Rice: March 9, 2016</i></p>

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