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Freddie Gray Case: Trial Date Set For Officers

Freddie Gray Case: Trial Date Set For Officers

Meanwhile, Prosecutor Mosby gets a breathlessly fawning profile in Vogue

A trial date of October 13 has been set for the six officers charged with a plethora of felonies following the death of Freddie Gray while in police custody this past April, reports the Baltimore Sun.  The same report notes that each of the officers has pleaded not guilty, and requested a jury trial.

Baltimore City Circuit Judge Barry G. Williams has been assigned to preside over the case.  Warren Alperstein, an attorney representing the city’s bar association, characterized Williams as having a reputation for favoring neither the prosecution nor the defense, stating:

He is a no-nonsense, fair and practical judge who will no doubt control that courtroom, neither state- nor defense-oriented . . . He will not be persuaded by media. He will not be influenced by public sentiment. He will rule as the law will require him to do. Period. There will be no outside influences.

That would be refreshing, considering the high-profile basking in the limelight still ongoing by Baltimore State’s Attorney Marilyn Mosby, who today is given a fawning profile in Vogue magazine.  The caption to her featured image in the Vogue article (photo taken by no less than Annie Liebowitz) reads ““The unrest had nothing to do with my decision to charge,” says Mosby. “I just followed where the facts led.”

These facts would, presumably, be the same facts Mosby continues relentlessly to deny the public.

The overall breathlessly fawning tone of the Vogue piece can be captured in just a few lines:

When Baltimore’s young prosecutor Marilyn Mosby filed charges against police officers in the death of Freddie Gray, she leaped onto the national stage—as heroine and lightning rod.

“I have heard your calls for ‘No justice, no peace,’ ” she said. “However, your peace is sincerely needed as I work to deliver justice on behalf of Freddie Gray.”

Suddenly this young prosecutor who had served barely 100 days in office had become a national figure.

Far be it from me to suggest that this sudden thrust into the national spotlight might perhaps have been the primary motivating factor in Mosby bringing what increasingly appear to be ridiculously excessive charges based on the facts available.

Of course, the facts available are few and far between, solely because Mosby stubbornly refuses to release them.  That, of course, presumes that she has any facts to support the charges she has levied against the officers.

Just last week Mosby again begged the court to muzzle defense counsel from sharing with the public the evidence, if any, against their clients, according to the Baltimore Sun, efforts local legal experts described as “bizarre.”

In an unusual Circuit Court filing this week, Mosby’s office requested a protective order barring defense attorneys for the six Baltimore police officers charged in Gray’s arrest and death from releasing any of the evidence due to them June 26 through court discovery, including Gray’s autopsy.

But outside legal observers said it was bizarre.

The State’s motion seeking to gag defense counsel is embedded at the bottom of this post.

In the meantime, defense counsel for the officers continue to try to have Mosby recused from the case, due largely to the blizzard of ethically questionable factors around her involvement in the case.

These include that the lawyer representing the family of “victim” Freddie Gray has also represented Mosby herself, as well as contributing to her election as State’s Attorney and participating in her transition team to that office.

In addition, the city district in which Freddie Gray was arrested is represented in city government by Mosby’s husband, and it has emerged that Mosby’s office itself had ordered heightened police activity in that very neighborhood shortly before Gray’s arrest.  It has now been speculated that perhaps the extraordinary number and severity of the charges brought against the six officers was in part an effort to distract from Mosby’s own role in Gray’s arrest.

Further, the lead prosecutor in Mosby’s office is in a publicly acknowledged romantic relationship with the local news reporter who broke a claimed “exclusive interview with a key witness in the early days of the case, presumably helped along by a friendly tip.

And it goes on, and on, and on.  The defense attorney’s motion requesting recusal and a change of venue out of the City of Baltimore, and a supplement to that motion, is also embedded at the bottom of the post.

To date, the State’s response to these motions for recusal has consisted largely of histrionics, again also embedded at the bottom of this post.

The bottom line:  The State has yet to specify any particular factual details that support the felony charges against these officers. That is, Mosby’s office has yet to articulate exactly what action by each or any of the officers actually caused or criminally contributed to Freddie Gray’s death–with the sole exception of the State’s claim that Gray was not seat belted into the police van.  On this single alleged breach of duty the State seeks to convict these six officers of charges as serious as murder and manslaughter.

Obviously we are not yet even at the end of the beginning of the circus that has come to be known as the “Freddie Gray case,” so keep an eye here at Legal Insurrection for breaking news.

As promised, here come the embedded documents:

State’s Motion for Protective [Gag] Order

Defense Motion for Removal of Mosby & Change of Venue

Defense Supplemental Motion for Removal of Mosby & Change of Venue

State’s Response to Motion to Remove Mosby & Change Venue

–-Andrew, @LawSelfDefense

Note: This post has been updated to correct some typographical errors.


Attorney Andrew Branca and his firm Law of Self Defense have been providing internationally-recognized expertise in American self-defense law for almost 20 years in the form of blogging, books, live seminars & online training (both accredited for CLE), public speaking engagements, and individualized legal consultation.

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Comments

Well, the poor, sacrificial lamb is getting her moment in the sun.

But the blade can be seen shining hungrily in the same light.

MouseTheLuckyDog | June 23, 2015 at 10:23 am

I look forward to the defense’s response to the motion for a gag order. Especially since it seems that the only person that needs “gagging” in this case is Mosby. Ironic, that this Vogue article appears and was probably written after the request for the order.

PS Is Annie Liebowitz losing her touch? Or is Mosby just too much for her to clean up?

Wait. What?

On page 4 of the State’s Response to Motion to Remove Mosby & Change Venue: “Although Defendants have had no legitimate access to Mr. Allen’s recorded statement to the police,…”

Holy. Cow. The defense has no legitimate access to the recorded statement of a percipient witness? Now, it’s been many moons since I left the Halls of Truth and Justice to be a simple homeschool mom, but, if memory serves, this would be called “a flagrant discovery violation,” and would likely get my butt fined (possibly jailed), and would be referred to the state bar.

I’m flabbergasted.

    MouseTheLuckyDog in reply to Anonamom. | June 23, 2015 at 10:43 am

    Let’s be fair, Maoby is ignoring common convention, by waiting to do things the defense request until the last moment, but so far she has not committed any clear discovery violations.

    No ‘legitimate’ access, hm… I wonder if perhaps the defense has managed to get a copy ‘under the door’ that shows some gems. Mosby can’t hide it forever, or change it (hopefully), or even blow enough smoke to cover it up.

    Would it be getting my hopes up too high to wish the judge will not only kick her off the case, but ask that she be disbarred?

    nivico in reply to Anonamom. | June 23, 2015 at 12:20 pm

    It’s almost comical how Mosby argues that the defense is operating from a position of ignorance of the facts and evidence while simultaneously admitting in so many words that she is the very reason they are having to do so…

    She apparently expects the defense to just sit there and twiddle their thumbs and do nothing, say nothing, until she finally complies with her disclosure obligations at the 11th hour.

MouseTheLuckyDog | June 23, 2015 at 10:38 am

How liberal are the rules on interlocutory appeals in Maryland?

One thing that helped Zimmerman in his trial was an early appeal.

We really don’t know this judge. There are reports of a relationship with Mosby, but does serving on the same “board” ( in a broad sense ) mean a coincidence or an incestuous relationship. The Baltimore legal scene after all is a small community.

I do worry though, because given some of the situation, I don’t see how Mosby can win. Unless she has the judge on her side. So that is where my concern is.

One relief for my concern is if the judge knows the appeal court is staring over his shoulder.

So what do you have planned, Mosby? A seat in the House? Or will you hold out for a really cushy six year Senate term?

Update: The Governor of Maryland is ill. Gonna go for that one, Mosby?

    SeniorD in reply to McAllister. | June 23, 2015 at 1:54 pm

    The path for every Free State (an oxymoron if there ever was one) Governor typically goes through the Baltimore Mayor’s Office. There would be a royal cat fight if both Rawlings-Blake and Mosby went for the same brass ring at the same time. Mosby may well go for the “Littlest Senator’s” (Mikulski) seat riding the ‘social justice’ train.

    After all, why have a ‘fawning Vogue’ interview and campaign ready picture put up so soon?

MouseTheLuckyDog | June 23, 2015 at 11:02 am

One thing that bothers me, the last judge already ruled on one motion. Seems strange to me to change judges once motions are being ruled on?
( Yes I know difference states have difference rules. ) THis is the third judge they are on now.

This judge is Judge-in-charge for the 8th judicial circuit. So presumably he is the one responsible for the assignment of judges. He also worked for Holder’s DoJ.

Of course this is all smoke, but where there’s smoke there’s fire– or a good bbq.

    Gremlin1974 in reply to MouseTheLuckyDog. | June 23, 2015 at 6:11 pm

    Mouse I think that that was only due to the fact that the charges were filed in one court and had to be moved to the circuit court, I think this lady actually filed the original charges in district court. I think the district Judge did rule on something, but if memory serves the ruling was basically to hold the decision over for the district judge.

      MouseTheLuckyDog in reply to Gremlin1974. | June 23, 2015 at 7:02 pm

      IIRC correctly, the district court never ruled on anythin ( maybe bond, but no motions ). The case was moved to the circuit court after the GJ returned an indictment, a judge there ruled on her motion for a gag order ( that it ws filed in the wrong court ) and to extend the deadline to reply to some motions.

MouseTheLuckyDog | June 23, 2015 at 11:08 am

As an aside for us old fogeys.

Dick Van Patten has died.

    Gremlin1974 in reply to MouseTheLuckyDog. | June 23, 2015 at 6:14 pm

    Aww man, RIP Mr. Van Patten. I remember watching 8 is enough as a kid.

    James Horner died in a plane crash yesterday as well. He was the composer for many movies including Titanic, which had great music if not the best acting.

Humphrey's Executor | June 23, 2015 at 11:12 am

Please clarify: Has there been either an indictment or information filed against these defendants? If not, what charging document are they working from?

Not A Member of Any Organized Political | June 23, 2015 at 11:40 am

“….fawning profile in Vogue….”

Vogue you’re just a sexist old rag.

But at least they are as good of journalists as MSNBC and Fox News!

Snark!

Wow… I can’t believe Mosby actually argued in her request for a gag order that the defense counsel has controlled the media narrative and that the narrative favors the accused officers?!

This coming from the same woman who, while announcing charges against the officers, acknowledged that she had heard the community’s cries for “No Justice No Peace.”

And where, pray tell, is her request to gag the attorney representing the Gray family…??? He’s been out there practically since day one making the media rounds and making outrageous claims. Oh, that’s right, he’s her friend and benefactor as well as her attorney. No conflict of interest there, folks.

For that matter, where’s her request to gag her husband… he, too, has been out there speaking with the press.

Her request to gag the local reporter who happens to share a bed with one of her staffers…?

Her request to gag herself from making public appearances and comments at Prince concerts, UniverSoul Circus performances, and Vogue interviews…?

It’s abundantly clear that Mosby only wants to silence one side of the public discussion.

    MouseTheLuckyDog in reply to nivico. | June 23, 2015 at 12:25 pm

    Again to be fair. When the newspaper hear that reporter was ina relationship with the deputy investigator, they were livid. She is now banned from reporting on the case.

    That however does not excuse either’s earlier conflict or the conflicts arising now from that earlier conflict.

    Mark in reply to nivico. | June 23, 2015 at 3:10 pm

    “For that matter, where’s her request to gag her husband…”

    Sir/Ma’am, this is a family website.

    Twanger in reply to nivico. | June 23, 2015 at 5:29 pm

    Mosby has not fooled anybody in Maryland with her dirty Chicago-style political tactics, except perhaps those that wish to be fooled.

Mosby’s objective is social justice (whatever that is) and not legal justice. The legal system is just a tool to be used selectively. Professional and elected office standards and requirements have no standing. Freddie Gray and the cops mean nothing to her — they are pawns to a SJW. Her games are disgusting.

I look forward to reading your views on the FG Case all summer long, Andrew.

I’m a fan of Turow (reading Presumed Innocent which provides great insight into the workings of the courts) and Grisham. Your commentary and analysis is equally riveting.

bobinreverse | June 23, 2015 at 1:56 pm

This case is backwards. It shakes out that defense is actually prosecuting the state meaning that Mosby is on trial here. Acquitted cops go to jail. Convicted cops beat rap.

MouseTheLuckyDog | June 23, 2015 at 2:14 pm

Andrew you may not want to use a word like histrionics ( maybe vitriol instead ). You don’t want to be accused of misogyny. ( Yes I know it’s not a mysogynistic term, but the hysterical feminists think it is. )

“That would be refreshing,”

That’s a sad commentary regarding our legal system.

MouseTheLuckyDog | June 23, 2015 at 6:38 pm

The Sun got the autopsy!
http://www.baltimoresun.com/news/maryland/freddie-gray/bs-md-ci-freddie-gray-autopsy-20150623-story.html#page=1

There best guess is that Grey was trying to stand up, and a bump or turn caused him to fall over. The cops are responsible ( AFAICT ) because he would not be trying to get up if he was seatbelted.

    Gremlin1974 in reply to MouseTheLuckyDog. | June 23, 2015 at 7:00 pm

    “The state medical examiner’s office concluded that Gray’s death could not be ruled an accident, and was instead a homicide, because officers failed to follow safety procedures “through acts of omission.”

    Yea, except that there are reports that it was ruled an accident, right up until a “meeting” between Mrs. Mosby, the Mayor, and the M.E.

    What it sounds like to me is they are going to try to hand this entire case on the new regulation that had only been posted for 4 days.

    Gremlin1974 in reply to MouseTheLuckyDog. | June 23, 2015 at 7:01 pm

    ” ( AFAICT ) ”

    Sorry, mouse my brain isn’t processing this one, what does it mean?

      MouseTheLuckyDog in reply to Gremlin1974. | June 23, 2015 at 7:05 pm

      The T should be an R “as far as i can read”

        Gremlin1974 in reply to MouseTheLuckyDog. | June 23, 2015 at 7:48 pm

        Gotcha, I also noted that Gray tested positive for Opiates and Cannabis, so given his history Heroin and pot. Also, I note that the report makes no further mention of those facts, that would seem to me to be an incomplete report if they did not consider what impact the drugs might have had on his judgment.

          MouseTheLuckyDog in reply to Gremlin1974. | June 24, 2015 at 1:02 am

          If the coroner was right and he was trying to stand, why was he trying to stand. Seems like a dumb thing to me. Unless of course his judgement was impaired. Maybe drug induced hallucinations made him think he had to get up. Gives new meaning to the phrase “bad trip”.

          it also gives credence to the argument that FG swallowed his drugs in order to avoid arrest and then seized from a broken bag.

Gremlin1974 | June 23, 2015 at 6:51 pm

Ok, so I note in the motions above that one of the folks is an “Assistant State Attorney” and the other is a “Deputy State Attorney”. So my first question; Is there really a difference or is this one of those bureaucratic things that will just give me a headache?

Also, it would seem that her entire office is wrapped up in prosecuting this case, I wonder how much else is being ignored.

Why was it ok for Maryland prosecutor Anne Colt Leitess to seek justice for Joseph Harvey?

    Ragspierre in reply to m1. | June 23, 2015 at 7:19 pm

    Trying to explain that to you would be like trying to explain making love to a woman to you. You’ll just never comprehend.

    Sad, really.

    Gremlin1974 in reply to m1. | June 23, 2015 at 7:49 pm

    Seriously? That is the best you got. Hey, I think I heard the buzzer on the dryer. Go be a good boy and fold for mom.

    Gremlin1974 in reply to m1. | June 23, 2015 at 7:57 pm

    Ok, so why shouldn’t these guys get off for being cops? Since that is the only thing that saved Joseph Walker from being convicted.

      SRaher in reply to Gremlin1974. | June 24, 2015 at 4:02 pm

      Being a cop might have influenced Walker’s jury, but I believe that a more significant factor was that the jury saw Walker the same way I do: A man trying to protect his family from a couple of thugs.

Gremlin1974 | June 23, 2015 at 7:11 pm

Question, is it common for the States Attorneys office to pre-write the order for the gag order? I noticed at the end of the motion is a basically fill in the blanks gag order.

    In my state, most judges require a “proposed order” be submitted with the Motion because Judges rarely write their own order! If the other side objects to the proposed order, they can hash it out, then submit a compromise Order to the Judge. If they can’t agree, THEN the judge may be forced to write his own order.

Allan surmised that Gray could have gotten to his feet using the bench and opposite wall. With his hands and ankles restrained, and unable to see out of the van and anticipate turns, she said he was at a high risk for an unsupported fall.

She also noted the possibility that Gray’s neck injury occurred “with him in a partially reclining position or as he was changing his position on the floor of the van,” if the van moved abruptly enough.
————————————
And THAT is not enough, IMNHO, to ever convict any of those charged with any of the offenses alleged.

I would expect a good defense expert to shred that.

IANAL, but I read the request for the gag order (and stayed at a… never mind). It seems the only precedents given are for naming of prosecution witnesses. The prosecution does not give any precedent for a gag order on physical evidence. Am I reading that right?

bobinreverse | June 23, 2015 at 9:00 pm

Wake up people. The legal system in balto or Md has been deconstructed down to nothing. That is why mosby is the DA. So the fix is in. all the arguing on here is pertinent 10 or 20 years ago but silly now. The cops have already been convicted. Look at the pic in the Sun where it always looks like they are behind bars or in jail presently. Hopeful the cops have a friend in Jesus because they sure don’t anywhere else except some right wings blogs.

Black lives matter but facts are irrelevant. Let’s get re.

    Char Char Binks in reply to bobinreverse. | June 28, 2015 at 2:04 am

    I doubt it. Sometimes a show trial is just for show, and real justice can prevail in the face of “social justice”. Of course they want to win, and it’s possible they could, but if they lose, the SJW can be compensated with one more thing to complain about.

bobinreverse | June 23, 2015 at 9:12 pm

Let’s get real mosby has a tidal wave behind her and some balto city judge is going to stop it. Maybe he ll use his umbrella and wear his rubbers to trial the first day.

Poor, poor Officer Caesar R. Goodson Jr., the driver of the van, (charged with second-degree depraved heart murder), will be the fall guy in this episode. If the injury was received after he was loaded into the van, as suggested in the autopsy, then all of the other officers should walk. Officer Goodson was responsible for the safe transportation of FG.

But depraved heart murder?

    Char Char Binks in reply to Redneck Law. | June 28, 2015 at 2:15 am

    Goodson and the other blacks cops were charged because, given the known facts, it was impossible to only charge the white cops who were the intended targets. There are people who still insist Freddie was fatally injured in the initial takedown. They have no love for the black cops, because they’re cops, but they really want the whites put away. I’m referring, of course, to the ignorant masses, but Mosby seems to one of them, only higher placed.

October. This October. So the acquittal will come just before Halloween (and Devil’s Night in Detroit), a good time for rioting. But more than a year before the 2016 election, so that’s no good at all to Mosby. I expect her to do all she can to delay things, so that the trial doesn’t start until spring at the earliest, and the acquittal comes late enough for the rage to continue into November.

bobinreverse | June 24, 2015 at 7:42 am

No acquittal folks. Cops go down first and then hillary. Once trial starts the press coverage that mosby gets will override everything. Mite even make the Prez so jealous that he stays for third term.

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