(Baltimore) Officers charged in arrested man's death want case dismissed

Officers charged in arrested man's death want case dismissed

BALTIMORE (AP) — Attorneys for six Baltimore police officers charged in the death of a man who died of a spinal injury he received while in custody asked a judge Friday to dismiss the case or assign it to someone other than the city's top prosecutor, who they say has too many conflicts of interest to remain objective.

At a minimum, State's Attorney Marilyn Mosby should be replaced with an independent prosecutor, the lawyers state in a motion filed in Baltimore District Court.

In the latest legal move to challenge the charges, which range from assault to second-degree "depraved-heart" murder, the motion says Mosby's prosecution has been "overzealous" and "politically motivated."

Mosby announced the charges a day after receiving an investigative report from the police. The motion argues that part of the reason she acted so swiftly was to quash protests that gave way to violence in West Baltimore, where Gray was arrested and where Mosby's husband, Nick Mosby, is a city councilman. A separate motion argues that her rapid decision could be at odds with a law that requires a thorough investigation prior to filing charges.

Click link for remainder of article...

Here are some of the conflicts of interest being raised -
* - Mrs. Mosby to quell the uprising that caused most harm to the district where her husband is the City Council representative.

* - maintain that Gray's arrest was legal because a knife he had at the time is illegal.

* - attorneys for the officers threatened to sue the city, Mosby and the Baltimore Sheriff's Department. The fact that the officers filed a claim against Mosby, the criminal defense attorneys argued in the motion, is yet another conflict of interest.

* - Other claimed conflicts of interest outlined in court papers include Mosby's political relationship with Billy Murphy, a defense attorney who is representing the Gray family, and who donated $5,000 to Mosby's campaign.

* - Murphy also once represented Mosby regarding a complaint made to the Attorney Grievance Commissioner of Maryland about statements she made during her campaign.

* - In addition, in her first days in office Mosby dismissed charges against a client of Murphy's.

* - One of the officers, William Porter, was initially represented by Martin Cadogan, who donated $1,000 to Mosby's campaign. Cadogan is no longer representing Porter. Other donors to Mosby included the Baltimore Fraternal Order of Police political action committee, which gave her $3,250. The FOP, which is the union that represents Baltimore police officers, also has suggested the case be handled by another prosecutor.

I am very curious to see how this is going to go. The defense lawyer is making some very valid points about the case, how quickly the charges came and the lack of a thorough investigation prior to charges being filed.

As some of us have stated before if the government has such a air tight case then there should have been no reason to not turn this over to a special prosecutor to remove the very issues being raised.

a reply to: Xcathdra

The police also donated to her campaign, so why is Murphy's a big deal?

Also since the cops are sueing that is a conflict of interest?
Seems like that is a self inflicted one.
Good plan, create the conflict and then complain about it.

a reply to: Sremmos80

You didn't read the entire article did you? if you had your questions would be answered.

a reply to: Xcathdra

I did, it was mainly about donations and her quick charging and her reasons behind it.
Or I guess you are talking about the case dismissal?
What has been made known about it?

Sounds like defense lawyers being defense lawyers.

Alright, let the summer of blockbusters and city wide riots begin!

a reply to: Sremmos80

You raising the donation issue by the police when it as addressed in the article. They have called for a new prosecutor to remove the possible issue.

originally posted by: Xcathdra
I am very curious to see how this is going to go.

I'm curious as well. The 2d and 3d order effects ... of the charges against these officers ... are gonna be very difficult to walk back.

If I was a BPD officer, come the next set of riots ...

Yeah people in hell want ice water.. Doesn't mean it's gonna happen. They should be made an example of.

a reply to: Snarl

If our justice system is fair and equitable innocent men shouldn't fear a trial.

a reply to: Xcathdra

Rock - meet hard place.

Damned if it is dismissed (Riots), damned if it isn't (Not even I can be convinced 6 police officers pre-meditated to murder therefore justice system pays political and social lip-service and becomes a laughing stock, and precedence is dangerously set).

One thing is clear in this case, those charged with governance over the populus and making the big calls and hard decisions are weak minded bottom-feeders.

There is no doubt negligence was exercised that evening and the consequential effect was a man life - justice must be served. Unfortunate situation..

The yellowstone of American racism is about to explode - either on the streets or in the media - probably both.

I just hope there are more LEOs like you and not thugs - one false move from here on in and social media will crucify the police.

originally posted by: abe froman
a reply to: Snarl

If our justice system is fair and equitable innocent men shouldn't fear a trial.

Without doubt. However, should a cop stand trial every time s/he does their job? Even you have to admit that a line has to be drawn somewhere. Would you put the officers who brought an end to this on trial?

There's nothing open or shut about any aspect of the case highlighted in this OP. The rush to judgement, on the part of Mosby, was the type of call one could expect from an immature and naïve rabble rouser. She might get a partial win by falling back on the excuse she was trying to quell the riots, but the long term loss of confidence of those serving in law enforcement is a much larger issue.

a reply to: Snarl

I would imagine that if the knife issue is resolved and it turns out to be illegal you will see the prosecutions case becoming harder. The knife issue alone would wipe out a lot of what they are charged with. You then have a prosecutor who has to argue the police violated the law / civil rights of the victim without anything to paint these officers as being capable of doing that (IE she cant argue they illegally arrested them and therefore cant play the guilt by extension game).

That leaves her with the argument of how gray suffered his injury and who caused it. An almost impossible task in my opinion based on what we have seen in the public domain.

Does anyone know if the other prisoner ever clarified his comments? I know he claimed it sounded like Gray was flailing around on his own and hitting the wall. I also saw he tried walking some of that statement back but I never heard what the result was.

regardless of what happens, I predict more riots and degenerates burning their own areas...Its just how they are.

a reply to: Snarl

Stand trial? I would say it depends on what action we are talking about and what the outcome was. I fully support in depth investigations into accusations of police brutality / excessive use of force / violation of rights / violation of the law.

With that said if their actions are justified under law then no. There is no need to waste tax payer money let alone drag someone through a court process that serves no purpose imo). Its one of the fundamental reasons SCOTUS created they standards they did when reviewing an officers use of force.

There are reasons the PA's get to decide if charges are filed or not and that decision must be based on the evidence and investigation and not because of political pressure or public opinion.

Communication is key to starting to resolving the issues with the us verse them problem - both sides top to bottom. Protesting is good as well.

Rioting / Looting serves absolutely NO legitimate purpose and does nothing but undermine the complaints I have seen about jobs and education. The argument about how long this has been going on is also undermined in Baltimore's case considering their racial makeup when it comes to representation at the local / city state and federal level. Its one of the reasons I don't think the race issue is a valid issue in this mess.


Anyone know when the prelim hearing is scheduled for?

originally posted by: SecretFace
regardless of what happens, I predict more riots and degenerates burning their own areas...Its just how they are.

I don't think the Governor is going to allow the Mayor of Baltimore to create another situation where the police are ordered to stand down so people can riot.

I want to know whats being done to bring those individuals to justice.

a reply to: Xcathdra

Quelling protests didn't work, did it?

On her watch, Baltimore went through a very violent protest that no one had seen since the 1960s. She should have realized in her speech, the very way she was talking, was very inflammatory.

I noticed she was talking like Jesse Jackson, that seems strange considering that she probably didn't speak like that in law school.

originally posted by: SecretFace
regardless of what happens, I predict more riots and degenerates burning their own areas...Its just how they are.

Surely we can post videos of Tommy Sotomayor about the rioting.

But he has a lot of cursing in his videos. He really shows no sympathy for Freddy Gray. Dislcaimer, a lot of cursing in this video.



Tommy Sotomayor is becoming famous.



Are they willing to listen to this black brother and his freedom of speech?

Heh,it's not a shocker that the Copsuckers want it dismissed.In their thinking,they're Infallible...

originally posted by: greydaze
Heh,it's not a shocker that the Copsuckers want it dismissed.In their thinking,they're Infallible...

And a segment of the population thinks their guilty without a trial. Their thinking a lynching is justice. What I dont get is if they think things are this bad for black people, then why dont they show the same level of interest in government and being proactive to make changes that they do when they protest.