This article was published by The McAlvany Intelligence Advisor on Friday, January 13, 2017:
A federal judge just allowed a lawsuit brought against Baltimore’s state attorney Marilyn Mosby to proceed. The lawsuit, filed by five of the six officers charged in the death of Freddie Gray (in mural, center) in 2015, will move to “discovery” – the phase where, under oath, Mosby and her enablers, including deputy Sheriff Samuel Cogen, must answer questions about those charges.
To review: Freddie Gray, a young black punk with a rap sheet containing 20 charges, mostly drug-related, ran from a BPD bike officer on routine patrol in April, 2015. When he was captured, he was found to have on his person a switchblade knife, illegal in Baltimore. While being transported in a police van to the station for booking, Gray became so violent that officers had to stop several times to try to restrain him. He was so violent that the officers were unable to restrain him with leg irons. On the brief trip to the station Gray injured himself, breaking one of the vertebrae in his neck, resulting in his death a week later.
When the case was presented to state attorney Marilyn Mosby, it was perfect: a poor black kid harassed to death by six – six – officers, three of whom were white – white! Within 24 hours of receiving the medical examiner’s report that concluded that Gray’s death was a homicide – he had been deliberately murdered by those officers – she leapt into action. She filed all manner of charges against the officers: second-degree “depraved heart” murder against the driver of the van and involuntary manslaughter, second-degree assault, manslaughter by vehicle, misconduct, and false imprisonment of Gray against the other five.
When she announced the charges, she told the crowd of protestors, now grown to thousands thanks to Black Lives Matter organizers: “I heard your call for ‘No justice, no peace.’ Your peace is sincerely needed as I work to deliver justice on behalf of this young man.” And then she added: “Our time has come!”
The crowd cheered and spent the next two weeks destroying private property, a rampage that ended only when the National Guard was brought in. BLM organized similar simultaneous protests in New York, Denver, Chicago, Minneapolis, Miami, Philadelphia, Portland (Oregon), and Seattle.
The six officers entered their own private hells: harassed endlessly by the pro-Gray media, forced to buy bail bonds between $250,000 and $350,000 each, taunted by protestors, and having etched onto their resumes permanently their alleged roles in Gray’s death.
And then justice began to prevail: the first three trials ended either with a hung jury or exoneration. Still she persisted, despite calls, even from her supporters, that she was overreaching, that her case was bordering between flimsy and non-existent. She was being charged by a former Baltimore prosecutor with “either incompetence or an unethical recklessness” in bringing those unprovable charges. He said she wasn’t seeking justice but personal aggrandizement. Wrote Page Croyder:
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 innocent.
Instead, Ms. Mosby, without all of the evidence yet available to her, pandered to the public by promising “justice” for Freddie Gray.
An ethics complaint against her was filed with Maryland’s Attorney Grievance Commission by John Banzhaf, a George Washington University Law School professor, who claimed that she did not have probable cause to bring those charges while deliberately withholding evidence from the attorneys trying to defend the officers.
Mosby was finally forced to withdraw her charges against the three remaining officers after the first three had been found innocent.
Discovery is likely to pose great difficulties for Mosby and her assistants. They are going to be asked why they didn’t present the evidence they had to a grand jury first. Why didn’t she enlist the assistance of a skilled investigator on her staff before deciding to press charges? Why did she make an instant decision to bring charges, just 24 hours after receiving the medical examiner’s report? Why did she hide evidence from the officers’ attorneys? Why did she incite rioters with her incendiary language? Does she have some connection with those rioters? With BLM? What were her real intentions? And so forth.
At this moment in time it appears that Mosby will be sanctioned, at the very minimum. She is likely to be disbarred, and she could spend time behind bars. In any event, her value as a “useful idiot” in the war against local police is gone. She will be dropped into the bin of ancient history, forgotten, and ignored.
As for the officers, they have suffered irreparable damage, as has the criminal justice system itself.