Baltimore officers claim they gave statements under duress

Three of the six police officers now facing charges related to the death of Freddie Gray are pleading that they gave initial statements while under duress.

According to the Law Enforcement Officers’ Bill of Rights in Maryland, police under interrogation have 10 days to seek counsel before providing a statement.

“Statistically, search warrants are granted fairly liberally,” David Lat, a former federal prosecutor, told the Baltimore Sunday.

Lat said prosecutors who receive a rejection usually improve their argument and present more evidence to the same judge rather than find another judge. Previous requests included a change-of-venue request and a protective order to prevent the public release of evidence.

Lawyers for Rice, White, Porter, Nero and Miller have filed claims that their clients were improperly informed of their rights before providing statements and as such, these should not be admitted into evidence at trial, The Baltimore Sun reported.

“Because the defendants subjectively felt that any refusal to cooperate in the investigation would result in their termination, and such belief was objectively reasonable, and because they were asked to waive their Fifth Amendment rights, their statements” should be suppressed, attorneys for Lt. Brian Rice and Officer William Porter argued in their motion. That investigation included interviews with dozens of witnesses, video footage, police videotaped statements, the van route in which Freddie Gray was riding and medical records.

Gray’s death following a neck injury he suffered in police custody in April provoked widespread unrest in the city, and the National Guard was called in to restore order. A trial is set for October.