Thread by @HatesTech, Tweet thread from today's (Mon.2/15) Judiciary Committee Hearing. Link to hearing -https://www.youtube.com/watch?v=rxnxorZqCII [...]

Tweet thread from today's (Mon.2/15) Judiciary Committee Hearing. Link to hearing -

First up should be HB1035 – Attorney General – Independent Law Enforcement Prosecution Unit
http://mgaleg.maryland.gov/2021RS/bills/hb/hb1035F.pdf

You can also try this link
http://mgaleg.maryland.gov/mgawebsite/Committees/Media/true?cmte=jud

Vice Chair @VAtterbeary presenting the bill. Broad support in MD. There is a close relationship between police and state attorneys. Public deserves non biased approaches.

@deray from @ProjectZeroHGSE Is next. Not seen prosecutors hold police accountability for as long there is data. Need a system that works whether or not the people in it are good.

@samswey In state of MD, not yet have an officer convicted for killing someone going back as there is data in the state.

@samswey Local prosecutors have a conflict of interest. There are set of states that recognize the problem, reviewed data, and see that holding police accountable is not happening.

Q&A for this panel:

@DavidMoon2014 Right now just when police kill someone. What happens in other cases where the person stays a live? (Like with #KeithDavisJr)

@VAtterbeary Death and serious bodily injury.

Del. Arikan: Saying @samswey that hi insinuated that police not being held accountable was due to conflict, but could it also be due to no probable cause?

@samswey I disagree. It does show the limitations of the laws. But looking at the large data set, a very small group pf prosecutors can hold police accessible with the same laws.

Del. Arikan: So does Mosby fall under this category? She proscecuted and failed. Was that due to conflict of interest?
@samswey That is a complicated answer is complicated because there is a lot going on that case...

In spite of @samswey testifying 892 times in the last six months and all committee members having huge amount of info from Campaign Zero, asks for how to find the info and the name of organization.

SAO Braveboy: We have prosecuted police officers in PG County. SAO should have to be held accountable as well. Supporting this bill with an important amendment. AG office would get involved only if asked by SAO, or if SAO declines to prosecute.

This would give residents comfort that there could be 2 investigations. Takes power out of single hand of MD AG

Mosby: "As someone who has fought for police accountability for years..." Um, you continue to use cops in the #KeithDavisJr that were recommended by the CRB to be fired for lying

Mosby: This bill does not address the biggest issue - the police investigating themselves.

Mosby: There is a constitutional issue with taking the prosecution out of the hands of local prosecutors and into the state AG.
(Lawyers on here know if this is true?)

Del. McComas: Asking SAOs, if you had a magic wand, how would get to accountability?
Mosby: Stop having cops investigating themselves at the very beginning. Local prosecutor needs to be there at the beginning of the investigation and throughout.

Mosby: If they decline, then AG can look at both the independent investigation and SAO decision making.
Braveboy: We have an agreement to have independent experts who do the investigations, which helps.

@DavidMoon2014 3 separate q.s involved here - 1. Who does investigation, 2. who decides if to prosecutes, 3. in what order do prosecutors go in the decision making. More interested in the first part. Where do want that independent investigation?

Braveboy: HB 670 addresses the police investigation. This bill is really about the order. Makes more sense for AG to investigate my office v my office investigate AG.

Mosby: I am not afraid of AG coming in and looking at my work. We have prosecuted 33 officers since Freddie Gray.
(Again, have no idea where this number comes from. Mosby is also careful to say prosecute, not have guilty verdicts)

@VAtterbeary Work group settled on this language so it matches HB670. Independent investigation reports to AG office.
@Moon Which order would depend on the particular SAO. Could bring local taint to the process at the beginning.

Braveboy: That could be managed with some regulation.

Mosby: We should not be relying on other people's interpretation of the information is illogical.

Del. Grammer: Are you advocating for an independent investigative agency?
Braveboy: Yes
Grammer: Is there independent investigative org being used now?
Braveboy: Yes, we use independent eperts

Mosby: GA has a state level investigation group.
Grammer: Send some info please.
Grammer: Private or public? Cross jurisdictional?
Braveboy: Private experts but make the info and experts available to public. Very transparent.

Unfavorable Panel: Shellenberger and Kroll

Shellenberger: We also prosecutor 2 cops, but found not guilty but juries. Citizens are still supportive of me, they could vote me out.

Shellenberger: everyone is thinking the independent investigation group would be MSP, but what if it is a state trooper w ho does the shooting. And they have to be ready to go anywhere in the state at the drop of the hat.

Shellneberger: Issues of timing of info release from investigation because of impact on trials. We SAOs are doing our job, if we weren't, we would lose our jobs.

Kroll, spoke, whined, finished.

Del.Grammer: If you don't like this, neither gave another option. What are your solutions for independent investigations.?
Shellenberger: LEO Internal Affairs. The current system are thoroughly capable of handling this and that can continue.
(I just gagged typing that)

@WanikaFisher How many SAOs are facing promary challenges. It is easy to say voters will correct. Hard, when SAOs are not in competitive elections. Is there data about unchallenged election runs.
Shellenberger: I will get that info

@WanikaFisher So, Shellenberger, you do not think anything should change at all?
Shellenberger: Correct

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