Baltimore state's attorney Marilyn Mosby filed gag order motion in wrong court
Baltimore city state’s attorney Marilyn Mosby’s motion for a gag order in the Freddie Gray case was denied Monday because the prosecutor filed paperwork in the wrong court.
Mosby’s May 14 motion, filed in Baltimore’s circuit court, was intended to block witnesses, attorneys and police from speaking publicly about the Gray case. Six officers have been indicted on a total of 28 felony charges related to Gray’s April 12 arrest. The 25-year-old Gray died April 19. His death was ruled a homicide.
Judge Charles Peters slapped down Mosby’s motion, citing jurisdictional issues,The Baltimore Sun reported. The cases for the six officers were still on the district court’s docket when the motion was filed. The cases were only moved to the circuit court on May 21, after a grand jury indicted the officers.
Mosby is also looking foolish and may face serious trouble in her prosecution of the Baltimore Six police officers. Kevin Rector of the Baltimore Sun reports:
About three weeks before Freddie Gray was chased from a West Baltimore corner by three Baltimore police officers — the start of a fatal encounter — the office of prosecutor Marilyn Mosby asked police to target the intersection with "enhanced" drug enforcement efforts, court documents show.
"State's Attorney Mosby asked me to look into community concerns regarding drug dealing in the area of North Ave and Mount St," Joshua Rosenblatt, division chief of Mosby's Crime Strategies Unit, wrote in a March 17 email to a Western District police commander.
The email was disclosed for the first time Tuesday in a motion filed in Baltimore Circuit Court by defense attorneys for the six officers being prosecuted in Gray's arrest and death. The attorneys said Mosby's involvement in the police initiative means that she should be removed from the case.
She could well be a witness in the trial, which would disqualify her from being the prosecutor. In addition, it weakens her contention that the arrest itself was illegal:
In their motion Tuesday, defense attorneys said the email exchange shows that Mosby knew the area where Gray was chased was a high-crime location. They said that bolsters their argument that officers were within their rights to detain and handcuff Gray — even before finding a knife and officially arresting him.
She is clearly in over her head.