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  1. #1
    Super Moderator Newmexican's Avatar
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    Marilyn Mosby Gave A Fiery Speech About Freddie Gray Days Before Police Concluded Inv

    Marilyn Mosby Gave A Fiery Speech About Freddie Gray Days Before Police Concluded Investigation [video]

    CHUCK ROSS
    10:19 AM 05/03/2015


    Two days before the Baltimore police department concluded its investigation into the death of Freddie Gray, Marilyn Mosby, the Maryland state’s attorney for the city, gave a fiery speech in which said she planned to “pursue justice by any and all means necessary.”

    Mosby entered the national spotlight on Friday after she announced charges against six Baltimore cops involved in Gray’s April 12 arrest. Many believe that Gray, who died on April 19, was the victim of police brutality or negligence.

    “[The criminal justice system] has historically and disproportionately affected so many communities of color, and what we’re seeing right now when we turn on the news and we open up the newspaper is that frustration,” Mosby told the Multicultural Prayer Movement group during a brief speech Tuesday morning.

    The night before saw widespread rioting, looting and arson in Baltimore sparked by outrage over Gray’s death.

    Mosby, 35, did not mention Gray by name during her remarks, but the prayer group described her as speaking about “stepping forward with the Freddie Gray Case.”

    “And it’s not just Baltimore City,” Mosby continued. “That’s every urban city across America. We’re seeing the frustration of this system, and recognizing that…I couldn’t listen to the naysayers.”

    Seemingly hinting at what course of action she would take in a surprise announcement three days later, Mosby told the audience of local clergy: “We will pursue justice by any and all means necessary.”

    Mosby echoed that sentiment during her press conference on Friday, less than 24 hours after police concluded their investigation.
    “To the people of Baltimore and the demonstrators across America, I heard your call for ‘No justice, no peace,'” she said. “Your peace is seriously needed as I seek to deliver justice to this young man.”

    “As young people, our time is now,”she added.

    Mosby slapped Caesar Goodson Jr., a black officer who drove Gray from the arrest site to central booking, with the toughest charges. He faces a second-degree depraved-heart murder charge and manslaughter charges. Three other officers face involuntary manslaughter and other charges. The two officers who helped arrest Gray face second-degree assault charges.

    Mosby’s decision was denounced as a “rush to judgement” by the Baltimore Fraternal Order of Police. And a report from the Baltimore Sun published on Saturday described police investigating Gray’s death as “stunned” that Mosby had determined charges less than a day after being handed the case.

    While Mosby has captured the hearts of many because of the aggressive charges and her tough talk, she has also been accused of bias for both her political relationships and her social justice activism.

    Mosby’s husband is Nick Mosby, a Baltimore city councilman who represents the area where Gray was arrested. The Fraternal Order of Police expressed concern that Nick Mosby’s position would put pressure on his wife to throw the book at the officers.

    Mosby, who is the youngest state’s attorney of any major city in the U.S., said on Friday that Gray’s arrest was illegal and that he was not properly restrained in the police van. She also alleged that the officers did not provide Gray with medical attention even though he asked for it.

    Other alleged conflicts of interest include the $5,000 in campaign contributions Mosby received from Billy Murphy Jr., the attorney representing Gray’s family. Mosby appointed Murphy Jr. to her transition committee after being voted into office.

    (RELATED: Marilyn Mosby Accused Of Conflicts Of Interest)

    Mosby, who ran on a tough-on-crime and police reform platform to unseat incumbent Gregg Bernstein, has been outspoken about other high-profile cases involving young black men.

    She rallied in protest of the July 2013 acquittal of George Zimmerman. She also criticized how St. Louis Co. prosecutor Bob McCulloch handled the grand jury process in the case of Ferguson police officer Darren Wilson, who fatally shot Michael Brown last August.

    In a homecoming speech last October at her alma mater, Tuskegee University,Mosby lamented that Wilson had not been indicted for killing the 18-year-old Brown, who she said was “a boy.”

    During her remarks Tuesday, Mosby slammed commentators who had used the word “thugs” to describe the rioters and looters who tore up parts of the city the night before.

    “Our young people, I know that they’re called ‘thugs,'” Mosby said, her cadence rising. “Those are young people crying out. There’s a sense of hopelessness in this city.”

    While many others criticized the use of the word “thugs” to describe rioters — they claimed it had racist connotations — the two most high-profile officials to do so are black. Baltimore mayor Stephanie Rawlings-Blake used the word on Monday. President Obama, to the surprise of many, used it on Tuesday.

    “Our time to do it, and I’ve been saying this for the past two years, this is a bubbling up, a culmination of that hopelessness.”

    Mosby did not respond to The Daily Caller’s request for comment.

    WATCH:
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    http://dailycaller.com/2015/05/03/ma...igation-video/



  2. #2
    Super Moderator Newmexican's Avatar
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    Police charges in Freddie Gray case are incompetent at best



    Sun reporter Mark Puente talks about the charges against the six officers accused in the death of Freddie Gray.




    By Page Croyder
    Baltimore Prosecutor Marilyn Mosby's actions in the Freddie Gray case are either reckless or incompetent.


    Baltimore State's Attorney Marilyn Mosby's "quick" and "decisive" action in charging six Baltimore police officers a mere two weeks after the death of Freddie Gray reflects either incompetence or an unethical recklessness.

    Alan Dershowitz, the noted defense attorney, sharply criticized her for using her charging power as "crowd control." John Banzahf, a George Washington University law professor, predicted the eventual dismissal of most if not all the charges. The breadth of the charges, Ms. Mosby's overreaching, is all-too-obvious.

    Any prosecutor interested in the truth and in justice would have used all the tools at her disposal to find them. Ms. Mosby ignored them. She has one of the most experienced homicide prosecutors in the state of Maryland as chief of her homicide unit, but did not ask him to investigate. She had the police report all of one day before filing charges, her mind already made up. And she failed to make use of the grand jury to gather, probe and test the evidence before a group of average citizens.

    In fact, Ms. Mosby was so hasty it appears she locked up two completely innocent officers. She charged Freddie Gray’s arresting officers with “false imprisonment” because she said the knife that Gray had on him was legal. In fact, as The Sun reported, the Police Task Force found it to be illegal after all. It was Ms. Mosby who had no probable cause to lock the arresting officers up, an injustice she could have easily avoided by taking her time.

    The Fraternal Office of Police called Ms. Mosby's charges an "egregious rush to judgment." It smacks more of a calculated push to the spotlight, filing charges after a mere two weeks. She conducted her own "parallel" investigation using her police integrity unit (the only unit listed on her published staffing tree missing the name of a supervisor.) She had no time to evaluate the crucial autopsy report, or consult with experts about its implications. In her haste to step into the national limelight, she circumvented normal charging procedures by grabbing a member of the sheriff's office to swear to their truth and file them for her. She calculated her actions for surprise and maximum effect, and she got it.

    Published ethical standards prohibit the use of a prosecutor's powers for political (crowd control) or personal (career ambition) purposes. They demand that prosecutors be fair and objective and protect the innocence. Instead Ms. Mosby, without all of the evidence yet available to her, pandered to the public by promising "justice" for Freddie Gray.


    Freddie Gray prosecutor comes from family steeped in policing

    In the long run, Ms. Mosby may be undermining the cause of justice rather than promoting it. She has created an expectation of guilt and conviction. If that does not happen, many will blame the system as unfair or unjust, when it may have been Ms. Mosby's own lack of competence and/or arrogance in bringing charges so quickly.

    And she has created a new expectation in the city: that police officers who arrest without what she considers to be probable cause (a subjective standard) are subject not just to civil action (the current norm) but criminal action. Mere mistakes, or judgments exercised under duress, can land them in the pokey.

    If I were a Baltimore police officer, I'd be looking for another job immediately. And as a Baltimore citizen, I may start looking for someplace else to live. When the police cannot depend upon the state's attorney to be as thorough, competent, non-political and fair with them as she is supposed to be with all citizens, none of us will be safe.

    Page Croyder spent 21 years in the Baltimore state's attorneys office, most recently as a deputy state's attorney. Her blog can be seen here: http://pagecroyder.blogspot.com.

    http://www.baltimoresun.com/news/opi...505-story.html

  3. #3
    Senior Member JohnDoe2's Avatar
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    Freddie Gray officers suing prosecutor Marilyn Mosby

    By Eliott C. McLaughlin and Steve Almasy, CNN

    Updated 11:52 AM ET, Thu July 28, 2016

    (CNN)Baltimore State's Attorney Marilyn Mosby is going from prosecutor to civil defendant in connection with the case of the death of Freddie Gray.

    On Wednesday, Mosby announced that charges against three officers still facing trial were being dropped. Mosby gave only a statement, but had to leave without taking questions because five of the officers in the case have filed lawsuits against her.

    Officers Garrett Miller, Edward Nero and William Porter as well as Sgt. Alicia White and Lt. Brian Rice are suing Mosby and Maj. Samuel Cogen of the Baltimore Sheriff's Office. Cogen was the law enforcement officer who filed charging documents against the officers.


    The lawsuits allege false arrest, false imprisonment, defamation or false light, and other assertions. They were filed in U.S. District Court in Maryland in 2015 in late April and early May around the time the officers were arrested.



    Was the Freddie Gray case a political prosecution?


    Gray died in a hospital on April 19, 2015, a week after police stopped him on a Baltimore street. After his arrest, officers placed Gray in the back of a police van, which made several stops.

    When the van arrived at the police station, Gray was unresponsive. His neck was broken and compressed, prosecutors said in court, comparing the spinal injury to those suffered after a dive into a shallow pool.


    Rice and Nero had already been acquitted in separate bench trials. So had Officer Caesar Goodson, who apparently has not filed suit. Porter was the first to be tried but his case ended with the jury unable to reach a unanimous decision.


    Mosby's office dropped the charges
    against Miller, Porter and White on Wednesday.


    An attorney for two of the officers said Wednesday that there were ulterior motives in charging the officers.


    "Marilyn Mosby's comments in her press conference today confirm that the charges brought against my clients, Sgt. Alicia White and Officer William Porter, as well as the other four officers, were politically motivated and not supported by evidence to establish probable cause," Michael E. Glass said.



    Freddie Gray case: Charges dropped against remaining officers


    He said his client suffered "extensive pain and suffering." Porter and White had been suspended without pay until Wednesday. They are now on desk duty after more than a year on leave.

    Rice, the highest-ranking officer charged in the case, paints himself as minimally involved, according to court documents.


    He was the first to make eye contact with Gray, the lawsuit concedes, but he was not involved in the arrest. When a crowd gathered around the police wagon where officers were attempting to place an "uncooperative" Gray, Rice "directed other officers to move the wagon approximately one block south in order to complete paperwork and otherwise effectuate Mr. Gray's arrest."


    Gray "continued to yell and scream" and slam himself against the side of the van, causing the vehicle to shake, so officers removed Gray from the wagon and placed him in flex cuffs and leg shackles, according to the lawsuit. He was placed back in the van, where he again "began to bang the inside of the wagon."


    That marked the end of Rice's interaction with Gray, the lawsuit says.


    "At no point during his interactions with Mr. Gray did Plaintiff Rice see any officers use excessive force, strike or tase Mr. Gray," the lawsuit states.


    Rice accuses Mosby of realizing the case would draw widespread media attention and speaking "in a divisive and inciting manner" while making false statements about him. Mosby's remarks, Rice alleges, broke the state's code of professional conduct, which forbids lawyers from making "an extrajudicial statement" they know will prejudice a court proceeding.



    Who is Baltimore prosecutor Marilyn Mosby?


    One of the false statements Mosby made, according to Rice's case, was saying the knife Gray was arrested with was legal under Maryland law. Rice contests in his lawsuit that it was spring-assisted and therefore illegal, and says Mosby knew that.

    Mosby told Cogen to file the erroneous charges against Rice, the lawsuit states.


    The lieutenant "lost his freedom and dignity and suffered physical and psychological harm from being arrested and detained without cause," the suit says.


    The litigants are asking for $75,000 per allegation, plus legal costs.


    CNN left messages Wednesday with Cogen and his attorney.


    CNN legal analyst Paul Callan said it is very difficult to sue prosecutors, who have what is called absolute immunity. Mosby's attorneys will argue she was acting within the scope of her job and is protected by such immunity.

    In most cases against prosecutors, the defense files a motion to dismiss and the judges agree, Callan said.


    "Even lawyers are sometimes shocked at how difficult it is to hold prosecutors responsible for patently improper actions," he said about prior cases.


    But in some cases, the plaintiffs will argue that the prosecutor stepped out of his or her role and acted as law enforcement, who have qualified immunity.


    Callan said he thinks the plaintiffs will argue that Mosby, an elected official, did become an investigator because of her belief that police were not properly pursuing the case and her desire to appease her political constituency.


    CNN legal analyst Paul Callan said it is very difficult to sue prosecutors, who have what is called absolute immunity. Mosby's attorneys will argue she was acting within the scope of her job and is protected by such immunity.

    In most cases against prosecutors, the defense files a motion to dismiss and the judges agree, Callan said.

    "Even lawyers are sometimes shocked at how difficult it is to hold prosecutors responsible for patently improper actions," he said about prior cases.

    But in some cases, the plaintiffs will argue that the prosecutor stepped out of his or her role and acted as law enforcement, who have qualified immunity.

    Callan said he thinks the plaintiffs will argue that Mosby, an elected official, did become an investigator because of her belief that police were not properly pursuing the case and her desire to appease her political constituency.

    http://www.cnn.com/2016/07/27/us/bal...ray/index.html

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