April V. Taylor
Attorneys representing the six Baltimore police officers facing charges related to the death of Freddie Gray have filed a 107 page motion to have the charges against them dismissed and to also have State’s Attorney Marilyn Mosby removed from the case on the basis of “overzealous prosecution” and a myriad of conflicts of interest.
The motion argues that Mosby and her husband, who is a city councilman, used the charges to appease Baltimore residents and to seize “political and personal gain.” It also addresses Mosby’s personal relationship with potential witnesses and a friend that is an attorney for Gray’s family. It specifically states, “Rarely in the history of any criminal case has a prosecutor so directly maintained so many conflicts of interest…and a prosecutor steadfastly recuses to recuse him or herself.”
The Fraternal Order of Police has denounced the charges and says that is has “deep concerns” about Mosby’s apparent conflicts of interest. Also, FOP president Gene Ryan maintains that officers were not responsible for Gray’s death, stating, “As tragic as this situation is none of the officers involved are responsible for the death of Mr.Gray. To the contrary, at all times, each of the officers diligently balanced their obligations to protect Mr. Gray and discharge their duties to protect the public.”
In addition, attorneys have filed a notice indicating their intention to sue Mosby and others who are involved in the case for the “unlawful arrest,” of some officers as a result of mistakes on charging documents.
The motion calls for a special prosecutor to be appointed to the case and that Mosby be dismissed, additionally claiming that Mosby violated officers’ rights to due process when she announced the charges against the officers “publicly and with inciting rhetoric.”
In a CNN interview, Mosby responded to the accusations of conflicts of interest by stating, “There is no conflict of interest. I’m going to prosecute. I’m the Baltimore state’s attorney. My district includes every city in Baltimore city. A number of crimes that take place in Baltimore city and unfortunately the district where we live. Where is the conflict?”