Video evidence in Freddie Gray case could blow it wide open: ‘Judge almost has to dismiss’

This could be the break the Baltimore cops were looking for.

The mound of evidence prosecutors in the Freddie Gray turned over to defense attorneys  includes a crucial videotaped statement from a witness who told police in no uncertain terms that the Baltimore man who died in custody in April had been deliberately trying to injure himself in the back of a police van.

Fox News’ Megyn Kelly broke the story Monday night.

The witness, Donta Allen, first came to public notice when the Washington Post reported that he’d told authorities he was being held in a separate part of the van Gray was being transported in and that he’d heard Gray banging around while the van was in motion.

In interview with CNN, however, Allen categorically denied having said any such thing.

The evidence turned over Monday shows that denial was itself a lie, Kelly said Monday.

“Tonight we learn that the Washington Post was right,” she said. “A source close to the case telling us there is actual videotape of Donta Allen telling police that Freddie Gray was repeatedly banging his head against the van, that he sounded like a madman and that the was asking himself why cops would put him in the van with a crazy person.”

If such a tape really is in defense attorneys’ hands, as Kelly and her guests pointed out, State’s Attorney Marilyn Mosby’s attempts to convict the six officers she’s charged in the case — including one charged with second degree murder — just got immeasurably harder.

Regular “Kelly File” guest Arthur Aidala, a New York trial attorney and former prosecutor was adamant.

“A judge almost has to dismiss it,” he said.

The Allen tape was part of a battery of evidence that included about 8,000 pages of the charged officer’s emails and 44 surveillance videos, among other items, that totaled approximately 52 gigabytes.


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