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Freddie Gray Trials: Prosecutors Drop Remaining Trials Against Officers

Freddie Gray Trials: Prosecutors Drop Remaining Trials Against Officers

Mosby throws in the towel, awaits the officers’ civil suit against her

This morning Maryland State’s Attorney Marilyn Mosby dropped all criminal charges against the remaining “Freddie Gray” defendants, reports the Baltimore Sun.

There were three trials remaining–de novo trials of Officer Garrett Miller (whose trial was scheduled to begin today) and Sergeant Alicia White, as well as a re-trial of Officer William Porter. Porter, the first officer to be tried in this series of prosecutions, had his trial end in a hung jury and was immediately scheduled for re-trial by prosecutors.

Four trials, including Porter’s initial mistrial, had been completed, including bench trials of Officer Edward Nero, Officer Caesar Goodson, and Lieutenant Brian Rice. None of the officers tried to date had been found guilty of so much as a single charge brought against them.

Miller’s trial was expected to be particularly difficult for the prosecution, because they had previously compelled Miller to testify under limited immunity in prior “Freddie Gray” trials. This precluded the prosecution from using anything he said in that testimony, or anything derived from that testimony, in Miller’s own trial, creating a huge administrative nightmare for the prosecution to prove it had met this obligation.  There was also a distinct possibility that prosecutors, who it was revealed had themselves conducted their investigation of the officers, might have to take the stand and testify under oath as to their investigatory activities.

Many legal experts, including this humble correspondent, had believed from the start that there simply existed no factual basis on which any of the officers could be found guilty of any criminal misconduct, absent some surprise reveal of incriminating evidence by the prosecution.

Instead, the reverse happened–all evidentiary surprises ended up proving exculpatory to the officers.  These evidentiary surprises include the unexpected testimony by a lead police investigator that the medical examiner had initially believed Gray’s death to have been an accident, and the surprise affidavit issued by the Baltimore Sheriff’s Office that contrary to prosecution claims they had never conducted an investigation of Gray’s death.

As the dust now settles it is appears clearer than ever that the prosecutions of these six officers was little more than a vicious act of legal malfeasance perpetrated solely for the political advancement and aggrandizement of Prosecutor Marilyn Mosby.  The officers targeted by Mosby have since brought a civil suit against the prosecutor, and it remains to be seen whether the courts will conclude that her conduct was sufficient egregious to warrant piercing of the immunity normally provided prosecutors against such suits.

We here at Legal Insurrection look forward to following and reporting on the civil suit against Mosby with the same zeal as we did her prosecution of these officers.

–-Andrew, @LawSelfDefense


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 books, live seminars & online training (both accredited for CLE), public speaking engagements, and individualized legal consultation.
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Comments

She can teach typewriter repair with Nifong.

I want to say that justice was done here, but I can’t.

None of these officers should have ever faced any charges, and justice will not be done until Mosby is removed from office and forced to pay heavily for her misconduct and abuse of power.

    phiremin in reply to Evan3457. | July 27, 2016 at 1:13 pm

    The sad part of that she will be completely fine. For starters she has “double protected” status. In her press conference she is blaming everyone but herself for bringing these baseless charges; corrupt investigators, the criminal justice system, the lack of a jury.
    To the social justice warriors on the left, she will be seen as a hero for trying and the acquittals a result of a corrupt system (conveniently overlooking the lack of evidence or a black judge with a history of prosecuting cops in the justice department).
    I have $10 that says MSNBC will be reaching out to her to offer her a job as a on-air “legal analyst”.

      mzk in reply to phiremin. | July 27, 2016 at 2:05 pm

      Won’t they have to compete with UM?

      pwaldoch in reply to phiremin. | July 27, 2016 at 3:07 pm

      If she, or anyone else for that matter, start up with , “they got off because of a corrupt system”, I hope to God the judge publicly calls out the accuser of him running a corrupt courtroom!

    mzk in reply to Evan3457. | July 27, 2016 at 2:04 pm

    Thank Heaven none of them plea-bargained.

You have to watch her press conference. She is totally out of control.

Incredibly unprofessional.

Did she get her law degree out of a cereal box?

    legacyrepublican in reply to NavyMustang. | July 27, 2016 at 11:34 am

    No, a Cracker Jack box.

    I watched it live, that was my impression as well.

    Angry, unrepentant, inflammatory, unprofessional, defensive, accusatory, petulant, and doubling-down on all her mistakes. Just want you want in a State Attorney [/sarc]

    She also gave a laundry list of things she claimed proved they actually had a valid case for conviction, including things like the judge declining the motions to dismiss and so on — is she really that stupid, or does she just hope her intended audience is? I’m guessing both.

    Hopefully, we can get a YouTube link of the conference. I missed it.

    She is a classic example of someone who is given title and position without every having earned the ability to be there: a narcissist monster. Just like Barry.

    Not from a cereal box, but from Boston College Law School’s affirmative action programs whereby unqualified “persons of color” are given admittance over qualified persons on the hope that maybe some good will come out of the whole thing.

    But don’t worry. Boston College Law School’s white guilt is firmly in place. Plenty more unqualified “persons of color” like Mosby on the way.

It’s always nice to hear good news in these dark times.

Wonderful news for the officers and the LEOs in that area!

    Not really. Mosby’s tantrum today irresponsibly added gasoline to the fire under the “there ain’t no justice so we have to exact our own” crowd (over the past few weeks we’ve seen where that leads), and she made clear that she learned absolutely nothing, reaffirming that she will continue to use her office to prosecute any cop who is within a hundred yards of a suspect stubbing his toe.

    If I were a law enforcement officer in Maryland I’d find another line of work or leave the state.

      Old0311 in reply to Ichneumon. | July 27, 2016 at 3:07 pm

      I can’t figure out why anyone would want to live in Maryland, but to each his own.

      Twanger in reply to Ichneumon. | July 27, 2016 at 5:53 pm

      Indeed. I have it on good authority that police in riot gear are being deployed at this very moment.

        Old0311 in reply to Twanger. | July 27, 2016 at 6:20 pm

        What? Isn’t there still room for those poor people to express their first amendment right? Is the mayor becoming a cracker?

About time! Time to get the popcorn out; I expect an interesting day and night in Baltimore and the DNC.

How many think that she finally threw in the towel because she knew that the Judge was going to hammer her today when he found out her “clean team” was not as clean as Mosby portrayed?

Well, whatever the reason, at least this circus is over and the officers can get back to their lives.

Justice will not be done though, until we see Mosby out of a job.

    quiksilverz24 in reply to fogflyer. | July 27, 2016 at 11:55 am

    That’s the problem. These officers will NEVER “get back to their lives.” All six will walk the Earth for the rest of their days with a bullseye on their backs, ever needing to watch out for BLM around the next corner. These officers will not be able to gain new employment. Walking the beat in Baltimore is a death wish. Further, what other jurisdiction will hire them? Their faces have been plastered across the media for the past year, and people know who they are. It only creates a dangerous situation.

    Justice will be served with Mosby out of a job and on the streets. Unfortunately, I doubt she has the assets to provide six individuals a sustainable life.

      The Friendly Grizzly in reply to quiksilverz24. | July 27, 2016 at 12:24 pm

      Unfortunately, I doubt she has the assets to provide six individuals a sustainable life.

      She acted on behalf of The State. Can’t the officers sue and be rewarded at The State’s (that is, the taxpayers’) expense?

        quiksilverz24 in reply to The Friendly Grizzly. | July 27, 2016 at 1:32 pm

        Potentially, yes. It may be beneficial to put Baltimore deeper in the red, financially speaking. Main goal, though, is to put Mosby out on the street. That smug look will get her far in her future life…

      Old0311 in reply to quiksilverz24. | July 27, 2016 at 3:26 pm

      This six officers aren’t the only ones targeted by her hateful actions. People like her have been stirring the pot and bear responsibility for the officers who were ambushed.

    CalFed in reply to fogflyer. | July 27, 2016 at 1:46 pm

    Agree. I believe she dropped the charges to dodge the Kastigar hearing.

    After all the Brady violations and the admissions by the Baltimore City Sheriff’s Office that they had rubber stamped the charges without any independent investigation, Mosby really couldn’t take the heat for another botched legal proceeding.

      rabidfox in reply to CalFed. | July 27, 2016 at 4:51 pm

      She’s refusing to take the heat for these botched trials. It is all everyone elses fault. She was really counting a black juries that would convict just out of racial hate.

        Milhouse in reply to rabidfox. | July 27, 2016 at 10:08 pm

        What are the odds that she didn’t know MD law gives defendants the right to a bench trial if they want one?

Humphrey's Executor | July 27, 2016 at 11:52 am

No doubt the DOJ will swiftly move forward with the prosecution of the civil rights violations so as to correct this injustice.

Oh, wait, the DOJ may be corrupt and biased, but its not stupid. Never mind.

    The Friendly Grizzly in reply to Humphrey's Executor. | July 27, 2016 at 12:25 pm

    They may, anyway. They have no case, but the Just Us Department may just be nasty enough to use “punishment by procedure”.

      Humphrey's Executor in reply to The Friendly Grizzly. | July 27, 2016 at 1:02 pm

      In her nasty, ghetto ho rant to the press today, she accuses police investigators of incompetence and obstruction of justice. This mess is far from over.

        Gremlin1974 in reply to Humphrey's Executor. | July 28, 2016 at 10:30 am

        Did you also notice that she claimed to not have access to an “independent investigative agency”? But, did she claim in the beginning that the City Marshall’s had done the independent investigation, until the guy swore out an affidavit that it wasn’t true?

          Char Char Binks in reply to Gremlin1974. | July 28, 2016 at 11:43 am

          I thought she claimed to have conducted her own parallel investigation, so I guess she’s accusing herself of corruption. I believe her.

David Breznick | July 27, 2016 at 11:53 am

Here’s hoping that looking forward, no college student ever again gets Nifonged, and no police officer ever again gets Mosbyd.

LibraryGryffon | July 27, 2016 at 11:54 am

Sadly the people of Maryland will never get back their tax dollars wasted on this witch hunt, money which I’m sure could have been put to better use. Of course in addition they’ll now have to pay these officers recompense for their wrongful arrests, charges, and prosecutions, as well as all legal fees, lost income, lost future income, etc., etc., etc.

I hope that the six officers get to live happy lives kicking back on a beach somewhere, ideally paid for personally by this harpy.

Andrew, I cannot wait to read your take on Mosby’s press conference.

She is cruisin’ for a bruisin’ in the get tossed out of the bar department.

Poor choice of photograph from the press conference. She looks chagrined in that one, an expression I don’t remember seeing at all during her announcement. 99.9% of the time she looked very angry and belligerent and not at all contrite.

    Twanger in reply to Ichneumon. | July 27, 2016 at 6:00 pm

    A picture clearly picked by the liberal press to show her in a good light. Makes her look like she’s contrite and resigned to the decision even though her words are all “raging biotch.”

Its not too late to have her speak at the DNC convention. Inspiration to career wimins.

The real question is how do you rebuild the trust between BPD and the state’s attorney’s office?

People are going to die as a consequence of her actions, and there is no chance that she will ever be held accountable.

Her press conference is here:

https://www.youtube.com/watch?v=dQoRXO7cZLY

barf bag recommended.

Speaking at a news conference Wednesday morning, Baltimore State’s Attorney Marilyn J. Mosby defended prosecuting the six officers in the Freddie Gray case regardless of the outcome, noting that “as a mother,” the decision to drop the remaining charges was “agonizing.”

Just how she used “mother” in that quote is anybody’s guess…

http://www.baltimoresun.com/news/maryland/freddie-gray/bs-md-ci-miller-pretrial-motions-20160727-story.html

Check out this editorial at the Baltimore Sun, featuring the utterly priceless gem of illogic and contradiction in the headline:

“Mosby was right to file charges, right to drop them”

How about that assessment — Mosby was right in everything that she did! She is infallible!

http://www.baltimoresun.com/news/opinion/editorial/bs-ed-gray-charges-dropped-20160727-story.html#nt=oft12aH-1gp2

The Baltimore Bar is now at risk of losing its credibility as much as the FBI has for shilling for Clinton if they fail to disbar this psycho.

What killed Freddie?

    Ragspierre in reply to maxmillion. | July 27, 2016 at 12:54 pm

    Ummmm…stupid and thug…???

      maxmillion in reply to Ragspierre. | July 27, 2016 at 2:32 pm

      Red meat to racists, otherwise not helpful. Grow up.

        Ragspierre in reply to maxmillion. | July 27, 2016 at 2:44 pm

        Stupid is not a race.

        Thug is not a race.

        Get screwed, moron. Deal with facts.

          That’s not what he meant & you know it hand job.

          You were held back in the 5th grade for 3 years & you can’t stop being a bully as a result.

          That’s what happens with a social & psychological dwarf later in life when they become an “adult.”

    Bruce Hayden in reply to maxmillion. | July 27, 2016 at 1:45 pm

    For a non-facetitious response – We will of course probably never know exactly how he died. Probably through impact with part of the van. It looks more and more to me that he accidentally killed himself, maybe in an attempt to sue the city. More likely probably now than that the cops really did anything wrong. Of course, that isn’t even close to the standard the prosecutors were supposed to be using.

    legalbeagle in reply to maxmillion. | July 27, 2016 at 1:45 pm

    Freddie killed Freddie. Manner of death: Accident

    Gremlin1974 in reply to maxmillion. | July 27, 2016 at 2:55 pm

    “What killed Freddie?”

    Gravity, Physics, and his own poor decisions.

    CalFed in reply to maxmillion. | July 27, 2016 at 2:56 pm

    His own stupidity and Sir Isaac Newton’s First Law of Motion

    Twanger in reply to maxmillion. | July 27, 2016 at 6:04 pm

    This was Freddie’s 25th arrest, or some such.

    What killed him?

    The law of averages.

    Eventually, if you have enough non-compliant arrests where you’re hopped up on drugs and out of your friggin’ mind something is gonna go bad.

    Char Char Binks in reply to maxmillion. | July 27, 2016 at 7:19 pm

    Blunt force trauma from standing up in a moving van. Death by misadventure.

Why is Mosby so angry? Did she get an “order” to end this circus while she wanted to march on? Who could give such an order and have this arrogant SJW obey? I ask because her behavior seems inconsistent with her ending of the trials.

She still has three fronts in this war, however: civil, political, and professional.

    Gremlin1974 in reply to TX-rifraph. | July 27, 2016 at 2:56 pm

    I wonder if it wasn’t a very strong recommendation from the Judge. He has been very not happy.

    Why is she visibly “angry”?

    She is performing for the crowd, a SJW’s version of faux outrage.

    Milhouse in reply to TX-rifraph. | July 27, 2016 at 11:07 pm

    My guess is that her poodles Schatzow and Bledsoe had finally had enough, and told her to drop the charges or they’d quit. They’ve got legal careers to consider, and each one of these mock trials has done them additional damage.

and family of gray still gets the 6+ million $$
check for kickbacks…

So if justice is done and Mosby loses her job – and hopefully gets disbarred – you can mark my words. She will join the likes of Sharpton, BLM and other grievance-mongers to condemn the system for being unfair and racist! Her career is only getting started and I predict big things for her…….

If she does get sued, I hope she hires another affirmative action lawyer that is as effective as she is.

But then again, I don’t pay taxes In Maryland.

buckeyeminuteman | July 27, 2016 at 1:39 pm

Two thumbs up!

Looking at that press conference today, what she says about the judge is contempt. The very first thing she better hope is that the actual paperwork has gone through. Otherwise she could be in a cell for violating the gag order. The only thing I am uncertain of is whether you can commit contempt outside of court.

What is more this video will not help in a bar hearing.

it also blows away any claim to sovereign immunity she has in the lawsuit. I hope she has a safe landing set up otherwise shed is in one heap big mess.

    RodFC in reply to RodFC. | July 27, 2016 at 2:21 pm

    Not mention that win Trump wins it may open her up to civil rights charges.

    Gremlin1974 in reply to RodFC. | July 27, 2016 at 2:58 pm

    Yes, you can commit contempt outside of the court. Defying a judges order is contempt no matter where you are standing at the time.

      RodFC in reply to Gremlin1974. | July 27, 2016 at 5:26 pm

      Clearly you are responsible for court orders you violate outside of court. I was asking about her criticisms particularly of the judge.

        Gremlin1974 in reply to RodFC. | July 28, 2016 at 10:36 am

        That would seem to be a first amendment issue to me. You have the right to criticize a judge and even say that you disagree, I don’t think you can be held in contempt for that, or you shouldn’t be able to be held in contempt in my opinion.

    What she said about the Judge is “contemptuous”, but not punishable by a contempt order.

    Ragspierre in reply to RodFC. | July 27, 2016 at 8:37 pm

    No. NOthing she said about the judge is remotely “contemptuous”.

    She’s careful not to even violate the legal ethics regarding impugning the integrity of the judiciary.

I hope she winds up being the designated burger spitter at McDonald’s.

    Twanger in reply to Old0311. | July 27, 2016 at 6:07 pm

    Let’s just stop right here and savor the vision of this for a few moments, thanks.

    There.

    Nice.

I’ll have to agree with Marilyn Mosby on one thing she said.

Yes, she is a mother . . .

Boy did she ever throw a stomp-foot snit fit at that press conference.

The editorial’s thesis is absurd, not to mention dangerous. It represents a profound lack of understanding regarding prosecutorial ethics.

Filing criminal charges is not something that is supposed to be done as a “fishing expedition,” in order to divine answer to questions regarding the case at hand. Charges should only be brought when the prosecutor believes that the evidence at hand renders the charges supportable.

From the ABA Criminal Justice Standards:

Standard 3- 1.2 The Function of the Prosecutor

(c) The duty of the prosecutor is to seek justice, not merely to convict.

Standard 3-3.9 Discretion in the Charging Decision

(a) A prosecutor should not institute, or cause to be instituted, or permit the continued pendency of criminal charges when the prosecutor knows that the charges are not supported by probable cause. A prosecutor should not institute, cause to be instituted, or permit the continued pendency of criminal charges in the absence of sufficient admissible evidence to support a conviction.

My post above refers to the Baltimore Sun’s editorial praising Mosby, linked in my earlier post.

Andrew – what are the odds that the Baltimore Six will face civil charges?

    Ragspierre in reply to Twanger. | July 27, 2016 at 6:29 pm

    Not to answer for Andrew, but…

    very low.

    Partially for the reason that civil damages are reduced by any existing settlement. How a civil suit would prove up damages (a necessary element in any tort case) beyond those already paid would be terribly difficult.

    Poor old Dead Fred is simply not worth any damages in excess of what’s already been paid.

      Twanger in reply to Ragspierre. | July 28, 2016 at 3:42 pm

      I hope you’re right Rags.
      These officers have been unjustly and unethically punished, and it would be a travesty to see more of it.

Does anyone think the charges were dropped so the Democrats could make hay of them at the convention tonight?, The whole thing was political and I imagine Obama had his mitts in it.

    RodFC in reply to dmi60ex. | July 27, 2016 at 9:04 pm

    No. They dropped them today because the pretrial motions were being heard today. Maybe they were hoping that Miller would choose a jury trial. Maybe the judge told them that if they did not provide anymore evidence this time around he was going to make sure that some of the prosecution spent time in jail.

David Breznick | July 27, 2016 at 11:22 pm

Sorry to have to say this, but if Hillary wins, Attorney General Lynch will need an Assistant Attorney General. Mosby will get that job.

I refer to the Baltimore Sun’s editorial, linked to in my earlier post in this thread.

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