The City of Baltimore’s prosecution against six of its own police officers after the death of Freddie Gray seemed overblown from the beginning, what with the seemingly excessive charges and a multi-million dollar settlement before the criminal trials went underway. Now with the hiccups in the case of Caesar Goodson, the officer who drove the police van in which Freddie Gray sustained his injuries, it seems like the city’s attempt at making its police officers into an example regarding police brutality is not going as planned.

The first trial for Officer William Porter ended in a hung jury and the second trial of Officer Edward Nero found the man not guilty. Goodson faces the most serious charges, “depraved-heart” murder, but the judge overseeing Goodson’s trial ordered the city to hand over information to Goodson’s lawyers because he determined the city prosecutors didn’t disclose information that would help Goodson. Namely, Goodson’s defense was never provided with statements from another person who was also picked up in the police van that day.

If the city of Baltimore cannot convict Goodson, it’s doubtful that it can convict any of the other officers involved in the arrest of Gray. Furthermore, history stands in the officers’ favor. When police officers accused of murder or manslaughter stood before a judge (instead of a jury), not a single one was found guilty between 2005 to 2011. It seems Baltimore played to the mobs and was too quick to convict.