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In it, it's asked that Baltimore City State's Attorney Marilyn Mosby recuse herself and that charges be dropped against the officers.
It gives five reasons for Mosby to recuse herself, including the seizing of personal gain by Mosby and her husband, personal relationships with individuals who will be witnesses at trial, the role of her office as the investigators, the pending civil claim against Mosby and her office, and the financial interest of the attorney for the Gray family, who they claim is a close friend of Mosby.More
28 comments:
The funny thing is the group that follows cops around taking videos have helped to saved most of the arrested officers butts.
They took video of Freddie at the second stop, on his feet, talking and turning his head. This is why Mosby said the fatal injury occurred after that stop.
So now it appears the knife is illegal under city code, which Mosby was unaware. Elsewhere it is said ems was called before Mosby says they were. Elijah Cummings says " well, if the officers are found not guilty, so be it" it appears this case is falling apart.
whatever the media wants you to believe
" Anonymous said...
whatever the media wants you to believe
May 9, 2015 at 8:40 AM"
Denial much? The case is falling apart, period end of story. Deal with it now or deal with it later.
It's not "whatever the media wants you to believe" as court documents are all posted online for all to read, Einstein.
Gotta love----
From the Joint Motion to Dismiss......
"Unfortunately for the State, Mr. Gray was not arrested and charged with violating Maryland law. Rather, Officer Garrett Miller arrested and charged Mr. Gray with violating Section 19.59.22 of the Baltimore City Code. It should be noted that the City Code if far broader in its prohibitions than Maryland law."
Gray family attorney Billy Murphy just told CNN yesterday, that he has no recollection "off the top of his head" of [Mosby] ever being his client.
Murphy does not remember representing his protege and unopposed SA candidate in an ethics case seven months prior. Really?
The section of the code is titled Switch-Blade Knives rather than simply Switchblade Knife for a reason.
The cronyism displayed in this should preclude Attorney Murphy from getting his sleazy hands into the cash cow known as Freddie Gray.
§ 59-22. Switch-blade knives.
(a) Possession or sale, etc., prohibited.
It shall be unlawful for any person to sell, carry, or possess any knife with an automatic spring or other device for opening and/or closing the blade, commonly known as a switch-blade knife.
(b) Penalties.
Any person violating the provisions of this section, shall, upon conviction thereof, be fined not
more than $500 or be imprisoned for not more than 1 year, or both, in the discretion of the court.
(City Code, 1950, art. 24, §155; 1966, art. 19, §160; 1976/83, art. 19, §185.) (Ord. 44-057.)
"...for opening or closing the knife."
This article of the code could be construed to include virtually all folding pocket knives, as they all have a long spring that keeps the blade in place when in the open or closed position. It could be reasoned that this spring "assists" the blade in opening and closing, especially closing.
This could apply to a folding knife of any size, down to the smallest of pocket knives.
It is obvious that this law was broadly written so that officers could have more arrest power for what most people would reason to be not at all illegal.
9:58 AM-
True. That law could include virtually every folding knife, including that Swiss Army knife that you've carried around since you were a Boy Scout. It looks like one of those laws that just makes it easier to arrest or hassle people.
One of the many back stories to all of this is the investigator Mosby relied on, Avon Markel.
He's a disgraced BPD official who was downgrading crimes so it appeared as if the crime rate was dropping.
She hired him on as an investigator in her office tasked with police integrity issues. On the SA's official website this position never have a name in it and has since been deleted all together it appears.
She bypassed the SA's very experienced homicide investigator and used Markel.
It makes you wonder if Markel doesn't have something he is using against either Mosby or her husband which caused her to hire him in the first place and then to put him in charge of investigating the officers.
He certainly isn't very good as he did miss that EMS was called during one of the stops. BPD has released the radio traffic and you can hear that it was. Van waited a bit, there was a mixup with EMS so van decided to leave and meet EMS at PD.
Mosby said in her charges that EMS wasn't called until they reached the PD. She's absolutely without a doubt wrong on that account.
the Balto city knife law been that way for ever and everybody know it
i know of older ladies back in the 80s who used to sit on the steps in that city with scissor in the pocket for protection because they know all knives illegal
i hear its the same kind as city cops and homeland security busted vendors for selling at the patapsco flea market while back. mayor and council said good because it got knives off children and criminals. the story of this bust on this site and everybody complain homeland should be busting illegals and not at flea markets
Does'nt she look like a big gapped tooth dumbass.
When it's all over Dead Freddie's family can sell the knife on ebay.
Regardless of what u think of the law....... The law is the law. If you don't like it, have the local legislators change it. But the fact remains that the arrest was lawful and the states attorney has opened herself up to civil liability..
Boycott Baltimore.
She's done. She's out of there. At the very minimum, the Motion to Recuse is going to be granted.
The only thing missing is a Mosby/Murphy sex tape.
Marilyn Mosby reminds me a great deal of a certain "constitutional scholar"......
Anonymous Anonymous said...
Regardless of what u think of the law....... The law is the law. If you don't like it, have the local legislators change it. But the fact remains that the arrest was lawful and the states attorney has opened herself up to civil liability..
May 9, 2015 at 11:37 AM
Nothing is fact until a judge and jury says it is.
5:11-The knife is illegal. Mosby when she read the statement said it was legal under MD law. She did not say legal under MD law AND Baltimore City Code. She obviously forget all about city code.
Not only did the Task Force determine it was illegal but so did a court commissioner when they signed the Gray application for statement of charges. This was 2 hrs after Gray was arrested. At that point no one had any idea how this would turn out.
Bottom line Mosby is at best incompetent at worst corrupt. It seems both are coming into play as she's not as smart as she would like everyone to think she is.
She said EMS wasn't called until they reached the PD. This too has turned out to be false.
6:59 PM
Everything is speculation at this point. Kops say knife is illegal, she and others say it's legal. The final word will come from judge and jury. That's just how it works.
Joe anyone who works at BPD knows the Mayor and the Commish have had a long standing affair. She and Batts must have some interesting pillow talk these days. D.O.J. needs to pull one card out and the whole house will fall. It is in every major city. Just not one that almost burned to the ground at her direction.
I wonder if Batts wasn't making booty calls would he have followed such a ridiculous request by the Mayor. We don't have to worry about that in the Da Bury lol do we. Jimmy no like womens
8:22-That's not how it works. The jury, if in fact this goes that far, which is highly doubtful, isn't going to decide if the knife is legal or not.
Rules of Evidence-Look it up.
The police can legally arrest someone when they have probable cause to believe a crime has been committed. A knife which is “close to” being illegal is probable cause.
Criminal Law 101 for non affirmative action law students.
Mosby comes from a family of corrupt individuals.
"In 1989, her father, Alan C. James, and another Boston police officer were alleged (along with a third unidentified suspect) to have flashed badges and robbed young men in Dorchestser, according to a September 14, 1989 story in the Boston Globe. The officers were charged with two counts of armed robbery and three counts of assault and battery with a dangerous weapon, the Globe said.
Marilyn Mosby announces charges against six police officers in the Freddie Gray case last Friday that pivoted her to national stardom. (CNN)Marilyn Mosby announces charges against six police officers in the Freddie Gray case last Friday that pivoted her to national recognition. (CNN)
“One man was purportedly robbed of $40 and a second in a wheelchair of a radio, after the alleged assailants’ demands for drugs went unmet. The third [victim] purportedly had a gun placed to his head,” according to the newspaper.
James, who said in court he did not participate in the holdup, was acquitted, but he was dismissed from the police force.
“Police Commissioner Francis M. Roache fired James for ‘conduct unbecoming an officer’ on April 5, 1991, the day a Superior Court jury acquitted James of charges stemming from a robbery of three men on Norfolk Street in Dorchester on August 19, 1989,” according to a follow-up Globe story."
Past article from the City Paper January 13, 2015-
The Mosby Effect: The inauguration of Baltimore's new state's attorney was a godly rebuke of her critics
“I’m cautiously optimistic”... “what concerns me” is “she doesn’t have the experience” a top prosecutor needs, because “she’s never done a murder case, she’s never done a rape, and she’s never done a wiretap.”
Bates foiled with her in one of her last cases before she left the state’s attorney’s office in 2011, and found her performance seriously lacking, because she failed to disclose her key witness’ serious and recent criminal background in Baltimore City.
“For her to overcome her issues with inexperience,” Bates continued, “she needs a leadership team that has a great deal of experience in dealing with serious criminal matters in the Baltimore City Circuit Court.”
When told who Mosby’s top three appointments are—Michael Schatzow as chief deputy, Tammy Brown as head of external affairs, Steward Beckham as chief of administration—Bates said, “that is terrifying,” because “you have not named a single person who has been immersed in the trial process of serious violent crimes in Baltimore City Circuit Court, and that’s the experience it’s very, very important for deputies to have.
How are the prosecutors going to respond if they don’t respect the leadership? They have to be constantly motivated, because they don’t receive a great deal of pay. My whole issue has always been the lack of experience, and if you don’t have it from the top, then you have to have it from the deputy."
Anonymous Anonymous said...
8:22-That's not how it works. The jury, if in fact this goes that far, which is highly doubtful, isn't going to decide if the knife is legal or not.
Rules of Evidence-Look it up.
May 10, 2015 at 8:24 AM
rules of procedure, look them up
It IS NOT a question for the jury. The admissibility of any evidence to go before the jury is a matter of law, under the Rules Of Evidence.
Just like hearsay is not something decided by a jury. The rules say what is and is not hearsay, and a judge rules on any objection.
The predicate to even show a “thing” to the jury as EVIDENCE (which is ALL they can consider) has to be laid, and the proffer of that thing made to the Court for its ruling. If admitted ONLY THEN can the jury be shown the “thing” and consider it as evidence.
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