Baltimore City prosecutors said they will not introduce medical evidence that showed a man allegedly beaten by law enforcement officers sustained no visible injuries from the altercation.
“It’s not relevant in this case,” said Assistant State’s Attorney Michelle Martin.
The evidence, which was taken after an alleged assault in 2007 in the 5900 block of York Road, was a point of contention during a pre-trial hearing in the case against Baltimore homicide detective Terry Love and Baltimore County Sheriff’s Deputy Michael Herring on Tuesday.
Both officers have been charged with second-degree assault, reckless endangerment, and use of a deadly weapon in an altercation with Andre Thomas, 44 — a convicted felon whom police have arrested at least 32 times — after he allegedly entered a North Baltimore barbershop cursing and threatening violence.
City prosecutors are relying on the testimony of 911 callers, who reported seeing an assault. But Love’s attorney, Clarke Ahlers, said the callers’ observations are undercut by medical records that show no injuries to Thomas. Ahlers said he will call an expert to testify about Thomas’ lack of injuries, since prosecutors will not introduce the medical records. Ahlers said the records also show cocaine in Thomas’ system at the time of the altercation.
Love and Herring were off duty and customers at the shop on Sept. 8, 2007 when Thomas entered and “became very combative swinging his arms in the direction of this detective still yelling profanity,” Love wrote in a report filed to his superiors. “Still unsure if this individual was armed, a struggle ensued.”
Love and Herring were off duty and customers at the shop on Sept. 8, 2007 when Thomas entered and “became very combative swinging his arms in the direction of this detective still yelling profanity,” Love wrote in a report filed to his superiors. “Still unsure if this individual was armed, a struggle ensued.”
Outside the shop, Thomas “was taken to the ground, at which time, he continued to struggle” before breaking free from the officers, and running eastbound on Belvedere Avenue, eventually eluding the officers, Love wrote.
But city prosecutors say the altercation amounts to a criminal act by the officers. Prosecutors wrote in a statement that Thomas “was beaten and left unconscious in the road.” Thomas told investigators he was assaulted with brass knuckles.
The barber was initially charged with assaulting Thomas, but those charges were dropped.
Court records show Thomas — who police say has eight aliases — has been convicted of 17 crimes, including four assaults and an attempted rape. He is currently jailed on a seven-month sentence for an assault.
Despite the numerous convictions, Thomas has largely avoided jail sentences of more than a few months, court records show.
The trial for Love and Herring is scheduled to begin March 30.
