CRITICAL UPDATES FOR THURSDAY, SEPTEMBER 2

As the 2nd hearing related to the death of Freddie Gray is tomorrow, on Thursday, September 10, and is quickly approaching, I am sending this communication out with important information regarding tomorrow, including the following topics:

1- MODIFICATIONS TO PUBLIC TRANSPORTATION
2- EXISTING PLANNED AND UNRELATED STREET CLOSURES
3- PLANNED PROTESTS
4- STATUS OF BALTIMORE CITY PUBLIC SCHOOLS
5- RESULTS OF SEPTEMBER 2ND HEARING
6- PURPOSE OF SEPTEMBER 10TH HEARING
7- TRIAL TENTATIVELY SCHEDULED FOR OCTOBER 10TH
8- CIVIL SETTLEMENT BETWEEN BALTIMORE CITY AND FAMILY OF FREDDIE GRAY

I will be posting additional updates as they arise on Facebook:http://facebook.com/CouncilmanETC on Twitter:http://twitter.com/CouncilmanETC and on my website:https://costelloforbaltimore.com

1- MODIFICATIONS TO PUBLIC TRANSPORTATION
At this time, there are no planned changes to the schedules for MTA Bus, Metro, or Light Rail.

The Charm City Circulator will have the following modifications:
• Green Route – for September 10, the Green Route will use a detour that will cause it to miss the following stops: 111 – Gay Street; 112 High Street; 113 – Fallsway; 114 – Lexington Street; and 115 – Gay Street.
• Purple Route – UNRELATED to the September 10 hearing and SOLELY due to construction, the Purple Route will use a detour that will cause it to miss the following stops: 302 – Inner Harbor; and 303 – Light Street. Specifically, after leaving stop 301 – Baltimore Visitor Center; the Purple Route will continue to Calvert Street, turn left on Lombard Street and use Orange Route stop: 203 – Light Street; to service the area of the Gallery and Redwood Street. The bus will then turn right onto Charles Street and proceed onto regular route.

2- EXISTING PLANNED AND UNRELATED STREET CLOSURES
The following are planned and are NOT related to the September 10 hearing:
• Preston Street from Cathedral to Howards Streets – started today
• Charles Street from Centre to Read Streets – starting on 9/10 at 3pm
• Madison Street from St. Paul to Cathedral Streets – starting on 9/10 at 3pm
• Mt. Vernon Place from St. Paul to Cathedral Streets – starting on 9/10 at 3pm

3- PLANNED PROTESTS
Baltimore Police are aware of at least one protest, by the People’s Power Assembly, and I have been assured directly by the BPD’s Incident Commander for the City that necessary precautions are in place.
• BPD met last three weeks ago with law enforcement agencies from around MD, the National Guard, and Chiefs of Police / Security from each of the colleges in Baltimore to discuss the potential for unrest during the hearings.
• All leave for 9/10 has been cancelled to ensure BPD has adequate resources available if they are necessary.
• BPD will be supportive of lawful and peaceful protests.
• Anything that is deemed as unlawful will NOT be tolerated by BPD and will result in police action.

Please continue to report any and all crime to 911 immediately.

4- STATUS OF BALTIMORE CITY PUBLIC SCHOOLS (BCPS)
At this time, according to BCPS officials, there are no planned closures for tomorrow. Modifications to the schedule may be found by calling the main office at 443-984-2000. They are also reported on Twitter at: “BaltCitySchools” or Facebook at: “Baltimore City Public Schools”. Private schools follow the lead of BCPS, but just in case, contact the specific school to confirm.

In addition, according to BCPS officials, they have added information to the student’s curriculum to address what is going on and held a forum with students to discuss the issue. They stated that they are prepared for tomorrow should something happen.

It is important to note that BCPS closed schools two hours early today due to heat. Temperatures are expected to top out at 78 degrees tomorrow mid-afternoon, so it is safe to expect that the likelihood of schools closing early tomorrow due to heat is significantly lower than today.

5- RESULTS OF SEPTEMBER 2ND HEARING
• Motion to disqualify Marilyn Mosby (Baltimore City State’s Attorney) from prosecuting/trying the case based on alleged conflict of interest. – Judge Ruled Against
• Motion to dismiss one or more of the charges against one or more of the defendants on various grounds. – Judge Ruled Against
• Motion to have separate trials as opposed to a single consolidated trial against all six defendants at the same time. – Judge Ruled in Favor of Separate Trials

6- PURPOSE OF SEPTEMBER 10TH HEARING
• Change of Venue, motion to “remove” the case from Baltimore City based on the assertion that media coverage makes it difficult/impossible to seat an impartial and unbiased jury. If the Judge grants this motion he would then order the case to be tried before a jury in another Maryland jurisdiction selected by the Administrative Judge for the Circuit Court.
• The Judge could decide at the end of the hearing or could defer ruling on some or all of them at his discretion.

7- TRIAL TENTATIVELY SCHEDULED FOR OCTOBER 13TH
• The trial date could change depending on the various rulings on the above-mentioned motions

8- CIVIL SETTLEMENT BETWEEN BALTIMORE CITY AND FAMILY OF FREDDIE GRAY
The Board of Estimates voted unanimously (5-0) this morning to approve a $6.4 Million settlement of all civil claims. Specifically, the settlement:
• will be paid as $2.8 Million in the current fiscal year, and $3.6 Million in Fiscal Year 2017;
• does not resolve any factual disputes surrounding the events of April 12, 2015;
• expressly does not constitute an admission of liability on the part of the City, the Baltimore Police Department, or any of the police officers who interacted with Mr. Gray on that day;
• has nothing whatsoever to do with the criminal proceedings now underway; and
• eliminates the City’s legal exposure to an uncapped settlement as the result of a federal civil suit, and further eliminates the expenses associated with litigating such a suit.

NOTE: the above statements are not my opinions, nor should they be perceived as an endorsement or opposition to the settlement. The above statements are only the facts surrounding it. Further, I do not have any information on the methodology used to determine the value of the settlement. Lastly, as the above information is all that I currently have, I am not in a position to answer any questions regarding the settlement, however, do plan to look into it further.