Cops in Freddie Gray Case Suing Marilyn Mosby: ‘Ulterior Motives in Charging the Officers’

Marilyn Mosby

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.

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

“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.”

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.

People celebrate after State's Attorney Marilyn Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Photo: David Goldman/Associated Press

People celebrate after State’s Attorney Marilyn Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Photo: David Goldman/Associated Press

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.

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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.
Demonstrators destroy the windshield of a Baltimore Police car as they protest the death Freddie Gray, an African American man who died of spinal cord injuries in police custody, in Baltimore, Maryland, April 25, 2015. Protesters returned to Baltimore's streets Saturday to vent outrage over the death of Gray. JIM WATSON/AFP/Getty Images

Demonstrators destroy the windshield of a Baltimore Police car as they protest the death Freddie Gray, an African American man who died of spinal cord injuries in police custody, in Baltimore, Maryland, April 25, 2015. Protesters returned to Baltimore’s streets Saturday to vent outrage over the death of Gray. JIM WATSON/AFP/Getty Images

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.Freddie Gray case: Charges dropped against remaining officers

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.

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. Read the rest of this entry »


Well THAT Went Well: ‘It’s Quite Clear that the Prosecution Should Not Continue On’

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Legal analysts ripped Baltimore prosecutors Monday over their handling of the Freddie Gray case, saying the prosecution should drop all charges against the three remaining police officers or risk more embarrassment in the courtroom.

“Though they may have been ordered by Mosby to do what they did, that is no defense. Every prosecutor has an individual obligation. They aren’t some minions way down below on the chain that really have no choice. These are the two major people in charge of making the decisions. I think they are as guilty of ethical violations as she.”

What’s more, John Banzhaf, an activist law professor at George Washington University, said he would file a complaint Tuesday with the Maryland Attorney Grievance Commission calling for the disbarment of the lead prosecutors in the trials of the six police officers accused of wrongdoing in the 2015 arrest and death of the 25-year-old black man.

The pointed criticism came Monday after Lt. Brian Rice was acquitted of all charges for his role in Gray’s arrest and death. The lieutenant was the highest-ranking of the accused officers, and his full acquittal was the third consecutive loss for prosecutors. Another trial ended in a hung jury in December, and a retrial has been scheduled.

“It’s quite clear that the prosecution should not continue on. The prosecution in the next three cases should strongly make a suggestion in court — on the record — that these cases have not been proven and will not be proven and therefore they should be dismissed.”

But legal analysts said any subsequent trials should be canceled. They noted prosecutors’ failure to convict the most senior officer involved in Gray’s arrest (Lt. Rice) and the driver of the police van in which Gray’s neck was broken (Officer Caesar Goodson).

“It’s quite clear that the prosecution should not continue on,” said Barry Slotnick, a prominent defense lawyer who has followed the trials in the Gray case. “The prosecution in the next three cases should strongly make a suggestion in court — on the record — that these cases have not been proven and will not be proven and therefore they should be dismissed.”

People celebrate after State's Attorney Marilyn Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Photo: David Goldman/Associated Press

“It’s rather sad. The fact of the matter is that I think this prosecution was commenced by people who were concerned about community reaction. People should not be accused of a crime to have a community satisfied. It’s absolutely inappropriate.”

Still, Mr. Slotnick said it’s unlikely that Baltimore State’s Attorney Marilyn Mosby will drop the remaining trials. He attributed her filing of charges against the six officers to an intent to appease the community.

“It’s rather sad,” he said. “The fact of the matter is that I think this prosecution was commenced by people who were concerned about community reaction. People should not be accused of a crime to have a community satisfied. It’s absolutely inappropriate.” Read the rest of this entry »


Here are Key Points in Baltimore Police Defense Motion to Have Marilyn Mosby Recused from Freddie Gray Case

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[VIDEO] Sheriff Clarke: ‘Police are Political Prisoners’, Mosby ‘Should Recuse Herself’