It’s Time To Fire And Discipline Marilyn Mosby

Mosby in 2015, ruining lives, pandering to the mob, and undermining justice...

Mosby in 2015, ruining lives, pandering to the mob, and undermining justice…

The third (of six) indicted Baltimore police officer charged in the death of Freddie Gray was acquitted last week, and how the rest of the trials, if they even occur, will play out is now a foregone conclusion. To be fair, this was a forgone conclusion from that moment that Baltimore City Attorney Marilyn Mosby charged the officers a year ago without sufficient justification beyond her own political ambitions, those of her husband (who is now running for mayor), racial bias and a desire to mollify rioters. Most commentators believed the charges were premature, rushed to avoid civic unrest. To say that is really to say that she allowed a mob to dictate to law enforcement. This was unethical, dangerous and despicable then, and remains so today.

If officer Caesar R. Goodson Jr., who drove the police transport van in which Gray suffered the spinal cord injury that killed him, could not be found guilty of intentionally killing Freddie Gray, nobody can. Says the New York Times,

“His acquittal on seven counts leaves the state without any convictions after three trials, in one of the nation’s most closely watched police misconduct cases — and continues to leave open the question of what, exactly, happened to Mr. Gray inside the van….Judge Barry G. Williams, who presided over the Goodson trial, issued the verdicts to a hushed, packed courtroom. He drew no conclusions about exactly when during the van ride Mr. Gray got hurt, saying there were several “equally plausible scenarios.” And he rejected the state’s contention that the officer had given Mr. Gray an intentional “rough ride” and knowingly endangered him by failing to buckle him into the van or provide medical help.” 

The prosecutor isn’t supposed to ruin the lives and careers of presumptively innocent law enforcement officials to try to find out what happened to Freddie Gray. The prosecutor is supposed to investigate until sufficient evidence tells her that a crime was committed, and the she has enough of that evidence to get a legitimate conviction. The three trials have shown that such evidence either doesn’t exist, or was never found. No, we don’t know what killed Freddie Gray, and that’s called “reasonable doubt.” Continue reading

The Most Unethical Prosecutor Of All: Baltimore’s Marilyn Mosby

Mosby

In a legal ethics seminar I taught this week for government attorneys, the vast majority of them voted that Marilyn Mosby’s vainglorious announcement of charges against six officers in the death of Freddie Gray was prosecutorial abuse, and a blatant violation of professional ethics rule 3.8, which directs that (this is the Maryland version)…

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;


(e) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent an employee or other person under the control of the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

Of course it was a breach of ethics, and an outrageous one. Her statement, which I discussed here, not only overstated her justification for bringing the charges, which were rushed and announced before a careful investigation was completed, it also stated that the officers were guilty, and worse, that the charges were being brought because the demonstrating and rioting protesters has demanded it. Mosby’s words suggested that she stood with the mob. Continue reading