Judge Lets Marilyn Mosby Stay on Freddie Gray Case

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Marilyn Mosby, Baltimore state's attorney, speaks during a media availability, Friday, May 1, 2015 in Baltimore. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury in police custody.   (AP Photo/Alex Brandon)
Marilyn Mosby. Photo: Alex Brandon/© Corbis. All Rights Reserved.

A circuit court judge denied a motion to dismiss charges against the six Baltimore police officers arrested after the death of Freddie Gray last April, as well as a request to recuse State’s Attorney Marilyn Mosby from the case. 

The attorneys for the six police officers thought Mosby should be removed from the case because of remarks she made while announcing the charges in May, saying she treated her statement like a “pep rally.” 

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To the people of Baltimore and the demonstrators across America, 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.

She later added, addressing the young people of her city, “This is a moment, this is your moment.” The attorneys added that the fact that her husband is a councilman — who is also “seriously considering” a mayoral run — represented a conflict of interest.

Is the implication that she can’t think for herself?” Judge Barry Williams said. “Frankly, I do find that assertion troubling and condescending.” Mosby watched in the courtroom while the legal system debated her fate — and when the judge conceded that Mosby’s decision to answer a reporter’s question about the officers’ level of cooperation with her investigation was “inappropriate.” Williams eventually said that Mosby’s comments “do not rise to the level where the defendants’ rights to a fair trial have been violated,” and that she should stay on the case.

According to the Baltimore Sun, Williams ended his remarks on his decision by telling “attorneys to stop seeking media sound bites and making unsupported claims.” 

The officers’ lawyers have also requested that the defendants be tried separately — and outside of Baltimore. The question of trying the officers will be resolved Wednesday afternoon; the requested venue change will be dealt with at another hearing on September 10. 

Freddie Gray was 25 when he died in April from spinal-cord injuries received in police custody.

She later added, addressing the young people of her city, “This is a moment, this is your moment.” The attorneys added that the fact that her husband is a councilman — who is also “seriously considering” a mayoral run — represented a conflict of interest.

Is the implication that she can’t think for herself?” Judge Barry Williams said. “Frankly, I do find that assertion troubling and condescending.” Mosby watched in the courtroom while the legal system debated her fate — and when the judge conceded that Mosby’s decision to answer a reporter’s question about the officers’ level of cooperation with her investigation was “inappropriate.” Williams eventually said that Mosby’s comments “do not rise to the level where the defendants’ rights to a fair trial have been violated,” and that she should stay on the case.

According to the Baltimore Sun, Williams ended his remarks on his decision by telling “attorneys to stop seeking media sound bites and making unsupported claims.” 

The officers’ lawyers have also requested that the defendants be tried separately — and outside of Baltimore. The question of trying the officers will be resolved Wednesday afternoon; the requested venue change will be dealt with at another hearing on September 10. 

Freddie Gray was 25 when he died in April from spinal-cord injuries received in police custody.

Protest update:The protests have remained largely peaceful. The arrest tally remains at one. There is at least one...

Posted by Baltimore Police Department on Wednesday, September 2, 2015

I’ve been clear and I’ll say it again,” Mayor Stephanie Rawlings-Blake said on Wednesday. I will vigorously defend the First Amendment rights of the protesters but we will also vigorously enforce the order in our city … Unfortunately, there are some who want to be disruptive, some who want to be opportunists. We’re not going to let them impede the flow of traffic or impede the ability of our city to conduct its business. And for the citizens of our city, the visitors, the people who are working in our city to be able to do what they need to do as well.”

Judge Lets Marilyn Mosby Stay on Gray Case