Baltimore Cops Seek Dismissal Of Charges

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Through their attorneys, six Baltimore police officers charged in the arrest and death of Freddie Gray filed a motion in court last Friday to dismiss the case against them. They also demanded that the state’s attorney, Marilyn Mosby, recuse herself following comments she made during her announcement of charges in the case.

Mosby filed charges against the officers in the death of 25-year-old Freddie Gray who died on April 19, a week after he was arrested following a police pursuit over Gray’s suspected involvement in a drug deal witnessed by police.

Without due process for the officers, Mosby claimed that Gray’s arrest was illegal and that he did not receive adequate medical attention after requesting it – a common delaying tactic used by drug offenders to drag out the booking process and corrupt blood tests.

The 109-page motion filed on behalf of the six officers says that the 35-year-old Mosby faces multiple conflicts of interest in the case including:

  • That Mosby’s husband, Nick Mosby, is a Baltimore city councilman who will gain politically and financially from the case,
  • That Nick Mosby represents what the motion describes as “ground zero for the violence turbulence that took place after the death of Freddie Gray.”
  • That Nick Mosby’s district encompasses the area where Gray was arrested and where riots broke out last month,
  • That Nick Mosby had a professional and personal interest in the need to eliminate the rioting and destruction of personal property in his District.

The motion also cites a romantic relationship between one of Mosby’s top investigators, Janice Bledso and WBAL reporter Jayne Miller. It is alleged in the motion alleges that Miller may have relied on her relationship with Bledso to secure an exclusive interview with Donta Allen, the 22-year-old who was riding in the back of the police van with Gray.

The motion states that Allen’s statements to police investigators differ from what he told Miller and questions how Miller learned about Allen’s identity or role in the case. Defense attorneys have suggested that Allen may be called as a material witness at any trial.

Marilyn Mosby also had a political relationship with Billy Murphy Jr., the attorney for the Gray family. Murphy Jr. donated $5,000 to Mosby’s campaign for state’s attorney and was appointed by Mosby to her transition team following her election.

Besides the conflicts of interest accusations, part of Mosby’s case against the officers rests on the legality of the arrest in the first place. Officers say in addition to suspicion in an illegal drug transaction, Gray was carrying an illegal knife at the time of his arrest.

Mosby countered that the knife was legal under Maryland law. Officers who arrested Gray reported that the knife was a “spring action” model, which are illegal in Baltimore, and demanded that Mosby produce the knife for third party examination. That request is still pending.