Marilyn Mosby Is the Baltimore States Attorney and she’s the one who file criminal charges against six police officers related to the death of the punk known as Freddie Gray.
At the time she filed the charges pretty much everybody who could even spell “law school” said that the criminal charges would not be able to be substantiated and that she had “overcharged” the officers. Every prediction I saw at the time the charges were filed indicated that this prosecution was going to come to no good.
For once, it’s beginning to look like conventional wisdom is right.
So far, there have been three trials. The first, a jury trial, resulted in a hung jury. The second and third trials – which were supposed to be slamdunk convictions – were heard in front of a judge and the defendants were found not guilty on all charges.
Please note that the judge in these trials happens to be black, and a former prosecutor at the Department of Justice who specialized in prosecuting police.
It’s now Mosby who finds herself in the hot seat.
Washington University law professor – a very credible and very liberal fellow – has filed an ethics complaint against Mosby, asking the Maryland Bar Association to disbarred her for misconduct. The complaint alleges that:
- She didn’t have probable cause to file the charges against the officers;
- She made public statements regarding the case that relies;
- She improperly withheld evidence from the defense, and this one really made the judge in the last trial mad;
- She continued to prosecute cases after the judge found insufficient evidence to support a conviction;
- She engaged in contact that was dishonest, fraudulent, deceitful, and which misrepresented the facts of the case.
Mosby is already being pressured to drop the retrial of the first officer and drop the charges on the three remaining officers. Legal experts say that if she proceeds with the remaining cases she will most likely lose in court and that will reinforce the ethics charges.
You can bet that the three remaining defendants have learned a valuable lesson from the first three trials. Request bench trials before the judge.
The judge assigned to these cases, Barry Williams, made no bones about the fact that the prosecutor was derelict and had insufficient evidence to bring the charges against the two defendants that he acquitted. There’s no doubt that the three remaining cases are much weaker for the prosecution and the first three.
There’s no question that the indictment of the six police officers was politically motivated. She was brand-new in office, and had never tried a criminal case. Mosby has made a media showcase out of the trials including a Vogue magazine story with pictures by Annie Leibowitz that was nothing more than a gushing profile. She even managed to worm her way on stage at a Prince concert in Baltimore.
Marilyn Mosby may, in fact, become a historic figure. Prosecutors don’t get disbarred – unless your name is Nifong – and it looks like Mosby is headed for disbarment. It’s also likely that’s not going to be the end of the story for Baltimore, or Mosby. At least three of the police officers have already filed lawsuits against the city of Baltimore and hopefully they’ll include Mosby personally in their lawsuits. She tried to destroy them with the political show trial it’s only right she should be destroyed as a result.
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