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Six police officers have been indicted in the death of Freddie Gray, Baltimore City State’s Attorney Marilyn Mosby said Thursday.
The officers are scheduled to be arraigned on July 2, she said.
Gray’s death last month after allegedly suffering a devastating injury while in police custody sparked protests and riots in Baltimore.
Earlier this month, Mosby said that charges had been filed against six officers in Gray’s death, an unexpected announcement that brought cheers from protesters and words of protest from the police union.
Attorneys for the officers have called for Mosby to be taken off the case, arguing that she has conflicts of interest — an accusation Mosby denies.
That's the easy part... the hard part is proving it.
Relapse wrote: I think, though that anyone who engages in such mayhem deserves the term, no matter their color. It's just an example of another word being put down the memory hole and a version of an attempt at thought control.
Yeah, it could be that... or it could be that the term has become racial charged (because it has).
Oh noes, one less racial-charged word used to disparage an entire group of people? Whatever will we do now? Never mind, it should be okay... we live in "post-racial" America, right?
Now now, I am sure that if you jump into the other thread dealing with two rival criminal gangs engaging in a shootout between the two sides as well as the police and trashing a public restaurant in the process you will find plenty of instances of this non-racially cbarged word to describe these criminal and violent white gang members.
Relapse wrote: I think, though that anyone who engages in such mayhem deserves the term, no matter their color. It's just an example of another word being put down the memory hole and a version of an attempt at thought control.
Yeah, it could be that... or it could be that the term has become racial charged (because it has).
Oh noes, one less racial-charged word used to disparage an entire group of people? Whatever will we do now? Never mind, it should be okay... we live in "post-racial" America, right?
Now now, I am sure that if you jump into the other thread dealing with two rival criminal gangs engaging in a shootout between the two sides as well as the police and trashing a public restaurant in the process you will find plenty of instances of this non-racially cbarged word to describe these criminal and violent white gang members.
Relapse wrote: I think, though that anyone who engages in such mayhem deserves the term, no matter their color. It's just an example of another word being put down the memory hole and a version of an attempt at thought control.
Yeah, it could be that... or it could be that the term has become racial charged (because it has).
Oh noes, one less racial-charged word used to disparage an entire group of people? Whatever will we do now? Never mind, it should be okay... we live in "post-racial" America, right?
Now now, I am sure that if you jump into the other thread dealing with two rival criminal gangs engaging in a shootout between the two sides as well as the police and trashing a public restaurant in the process you will find plenty of instances of this non-racially cbarged word to describe these criminal and violent white gang members.
You mean the groups of gentlemen at the eating establishment settling their falling out in accepted gentlemanly fashion?
The OT has become the Facebook of dakka, full of the most idiotic and nonsensical postings that are just a "share" button away. And I would be one thing if I would think that you guys are idiots who don't know any better, then I could just chalk it up to "idiots, what are you gonna do about them...".
But I know that you guys are too damn smart to post gak that is this idiotic. Which means that smart people are willingly checking their brains at the door to accept explanations with logical plot holes worse than the Prequels, or that I'm dealing with people who think that I am an idiot myself.
I might stick around for the couple of threads in the DCM section and to follow news and rumors; but there is zero reason to participate in this idiocy anymore. If I want to elevate my blood pressure by reading stulid gak I'll just read my crazy uncle's Facebook feed.
This message was edited 1 time. Last update was at 2015/05/21 23:01:13
The OT has become the Facebook of dakka, full of the most idiotic and nonsensical postings that are just a "share" button away. And I would be one thing if I would think that you guys are idiots who don't know any better, then I could just chalk it up to "idiots, what are you gonna do about them...".
But I know that you guys are too damn smart to post gak that is this idiotic. Which means that smart people are willingly checking their brains at the door to accept explanations with logical plot holes worse than the Prequels, or that I'm dealing with people who think that I am an idiot myself.
I might stick around for the couple of threads in the DCM section and to follow news and rumors; but there is zero reason to participate in this idiocy anymore. If I want to elevate my blood pressure by reading stulid gak I'll just read my crazy uncle's Facebook feed.
Seriously, if you come in loaded for bear like you did, the bear might get you instead, even if it was unintentional on the bear's part.
This message was edited 1 time. Last update was at 2015/05/21 23:18:03
Across from a CVS drugstore in West Baltimore that remains shuttered and charred from last month's riots, two high-top tennis shoes remained on the sidewalk Monday, surrounded by police detectives and crime tape.
It was the scene of the city's 164th nonfatal shooting this year.
While police and city officials deal with continued fallout from the death of Freddie Gray, they also are confronting escalating violence. Homicides are up nearly 40 percent compared with the same time last year, while nonfatal shootings are up 60 percent.
Most of the homicides have occurred in the Police Department's Western District, where Gray was arrested. The 25-year-old died a week later, on April 19, of injuries sustained while in police custody. His death sparked the rioting and weeks of protests and continues to reverberate as some criticize — and others defend — the decision to charge six officers in the case.
Alarming surge in murders and shootings in Baltimore
City crime spike. A dramatic increase in violence in Baltimore. Dozens of shooting and murders in the last few weeks following the riots last month.
On Monday, minutes after reports of the shooting near CVS, two of the department's highest-ranking officers arrived at North and Pennsylvania avenues to look over the crime scene. Their presence underscored concern about the uptick in violence. Recent incidents have included five people wounded in an East Baltimore shooting Saturday and two homicides Sunday.
"This is equally as unacceptable to the people here as it is to us," said Deputy Commissioner Kevin Davis as customers popped into carryouts and basement shops around him.
"Definitely, some people in the community are just as frustrated," added Deputy Commissioner Dean Palmere.
As he spoke, a man rode by on his bike, calling out to police: "All day, every day, we will fight for Freddie Gray."
Mayor Stephanie Rawlings-Blake said detectives are working to arrest suspects and that police "have to keep adjusting our tactics to stay ahead of the violent repeat offenders that are causing this violence."
"What we've seen over the past few weeks will not be tolerated," she said. "I want to assure the community that every available resource will be utilized to make our community safer."
Rawlings-Blake also downplayed concerns expressed by some Baltimore officers that members of the force are hesitant to make arrests after prosecutors brought charges in the Gray case, and that criminals might take advantage.
"People have said, 'Well, it's because morale is down,' or, 'It's because the officers were charged,'" Rawlings-Blake said of the violence. "We don't know that, and we have to follow the information that we're getting through those investigations, and that is what the Police Department is doing."
Meanwhile, the Baltimore chapter of the NAACP said Monday that the Baltimore police union's rhetoric against Rawlings-Blake and Baltimore State's Attorney Marilyn Mosby has been "distasteful and disrespectful" and "borderline racist." In a letter to police union president Gene Ryan, the NAACP said that Baltimore needs to unite to fight the surging violence.
The police union has criticized Rawlings-Blake for poor leadership in recent weeks and Mosby for over-reaching in the charges she has filed. Prosecutors said officers refused Gray medical help multiple times, and charges range from misconduct in office to second-degree murder.
"It bothers us greatly to have the integrity of these strong African-American female leaders questioned by someone who has never served a day in elective office, and yet is pushing a personal agenda in the face of clear injustice, regardless of the possible irreparable harm it may have on our city in the long run — especially during this time of extreme peril in our city," the NAACP said in the letter.
Ryan did not return a call seeking comment.
The NAACP plans to launch a #BmoreCIVIL social media campaign and scheduled a "Stop the Violence 'By Any Means Necessary' rally" on Tuesday to coincide with the 90th birthday of late civil rights leader Malcolm X.
Munir Bahar, one of the founders of the 300 Men March, is calling for 30 men in 10 Baltimore neighborhoods to become block leaders in the crime fight. He said his group plans to train new volunteers and will hold an "Occupy Our Corners" anti-violence rally on Thursday.
"We always love to blame somebody else. It's always the police's fault. How is it the police's problem that 'Mike' kills 'Mike?'" Bahar said.
While he looked to residents for change, he said, city leaders are not exempt from the blame. The shootings, riots and protests have exposed the failures of elected leaders for not providing youth with the tools they need to succeed and escape a violent street life, Bahar said
Police commanders said gang disputes may be driving some of the violence, especially on the city's west side. Palmere said he met with patrol commanders Monday to review strategies and that federal and other local law enforcement agencies are helping with investigations.
Davis said people are taking advantage of the turmoil following Gray's death to settle old scores.
"The most violent of any society will take moments like this to exact revenge, and it's our job to stop it," he said.
West Baltimore has been one of the city's most violent regions, but last year the number of killings were cut in half, to 21, compared with the previous year.
Rawlings-Blake attributed much of that success to Operation Ceasefire, an anti-violence initiative that began in 2014. The program monitors people with violent criminal records or the propensity for violence.
In recent weeks, Ceasefire has been operating without program manager Levar Michaels, who left for a new job, according to city officials. Kevin Harris, Rawlings-Blake's spokesman, said the program has been run since then by the Mayor's Office on Criminal Justice, and the city plans to hire a new program manager in two or three weeks.
A total of 20 people have been killed in the Western District this year.
"Ceasefire is a tool, we believe a very effective tool, in the crime fight, but crime is not static," Harris said. "For every new reform or new initiative you put in place, people doing violence, they adjust their tactics as well."
Among the 34 people killed in the past 30 days in Baltimore was Tahlil Yasin, 39, who was shot Thursday in the 2100 block of Edmondson Ave.
Nathan Thomas, 38, grew up with Yasin and said his cousin was funny and loyal but looked to the streets for opportunity.
"He was making a lot of bad decisions, he was living a lifestyle that was not conducive to positive growth," Thomas said. "He was caught up in the lifestyle I used to be caught up in years ago. I just made a conscious decision to stop taking from the community."
Thomas, who is helping to start a rental assistance program at Health Care for the Homeless, said the city's "lack of resources" and Yasin's lack of education limited Yasin's future.
But Thomas said that's not the city's only problem."It's a lack of respect for human life, and specifically, a lot of folk may not want to admit it, but for a lot of youths — a lot of black youths — they look at one another as the enemy," Thomas said. The violence "just shows to the majority of us that black lives don't matter."
"Sometimes the only victory possible is to keep your opponent from winning." - The Emperor, from The Outcast Dead.
"Tell your gods we are coming for them, and that their realms will burn as ours did." -Thostos Bladestorm
But, if the police can't get the support they need... I don't blame 'em.
1. Its human nature.
2. having said that, it sounds like their their training and culture sucked. If they don't do the job fire the lot of them and replace them with those who will. (Judging from the Cleveland-or Cincinnati consent decree, I'd fire the whole force frankly and start from scratch) .
-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
-TBone the Magnificent 1999-2014, Long Live the King!
But, if the police can't get the support they need... I don't blame 'em.
1. Its human nature.
2. having said that, it sounds like their their training and culture sucked. If they don't do the job fire the lot of them and replace them with those who will. (Judging from the Cleveland-or Cincinnati consent decree, I'd fire the whole force frankly and start from scratch) .
Hard to do the job, if they're afraid of going to jail for the rest of their lives, or being attacked by the populace, like has been happening recently.
Hard to do your job when you cover for people who kill suspects in transport vans too.
-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
-TBone the Magnificent 1999-2014, Long Live the King!
Frazzled wrote: Hard to do your job when you cover for people who kill suspects in transport vans too.
Innocent until proven guilty.
How easily people always seem to forget that key pillar of our justice system.
No. Guilty. He entered the van ok. He died. Guilt is proven.
translation give me a fething break. Unless someone ninja'd in an beat him to death inside the locked van ITS THEIR FAULT-at least the driver. The fact this was being covered up, seals it.
The fact this has happened several times, despite policy practice shows a pattern and practice.
-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
-TBone the Magnificent 1999-2014, Long Live the King!
Baltimore State's Attorney Marilyn Mosby plans to seek a protective order that would block the release of Freddie Gray's autopsy report and other "sensitive" documents as she prosecutes the six police officers involved in his arrest.
Mosby told The Baltimore Sun that prosecutors "have a duty to ensure a fair and impartial process for all parties involved" and "will not be baited into litigating this case through the media."
But an attorney for one of the officers said the effort shows that "there is something in that autopsy report that they are trying to hide."
"Mrs. Mosby is the one who did an announcement discussing what she said the evidence was in a nationally televised speech," said Ivan Bates, who represents Sgt. Alicia White. "Now that it is time to turn over the evidence, to ask for a protective order is beyond disingenuous.
"It's as if she wants to do everything to make sure our clients do not get a fair trial."
Gray, 25, died in April after suffering a severe spinal cord injury in police custody. Mosby has charged the officers with violations ranging from misconduct in office to, in one case, second-degree murder.
Baltimore's chief prosecutor declared her intention to seek the protective order in a court filing Monday. She also asked for more time to respond to defense motions that she and her office be removed from the case and that the case be tried outside Baltimore.
The move is the latest effort by Mosby's office to restrict information in the high-profile case. Her office has also sought a gag order to prevent participants from discussing the case in public, and has broken with a long-standing practice by not giving a copy of the autopsy report to Baltimore police.
In a response to Mosby's latest filing, defense attorneys said Wednesday that they have been denied an outline of evidence and claims against the officers, and have not been allowed to inspect a knife that was taken from Gray during his arrest.
Bates said the protective order would allow only prosecutors and defense attorneys to see the documents, and could require the court to seal all new filings that make reference to information in the documents.
In that way, he said, it would be more restrictive than a gag order.
"Nobody would know anything but the state and the defense, so they would totally hide it from the public," Bates said. "If your case is as good as you said it was, why don't you just show the evidence? … You can't holler and say, 'I'm about accountability for the citizens,' and then run around filing for a protective order."
The Sun is one of 19 news organizations contesting Mosby's gag order request.
Gray's death on April 19, amid a national debate over police brutality, touched off days of protests. On the day of his funeral, the city erupted into several hours of riots, arson and looting.
Mosby filed charges against the officers on May 1 based on what she said was an independent investigation conducted by her office. A grand jury indicted White, Lt. Brian Rice and Officers Caesar Goodson, William Porter, Edward Nero and Garrett Miller three weeks later.
In her filing Monday, Mosby said prosecutors had "attempted to reach an agreement" with defense attorney Michael Belsky for more time to respond to the defense motions. Belsky is defending Rice and serving as the "designated contact attorney" for all of the officers.
Belsky agreed to give the state more time to respond to defense motions to dismiss the case, Mosby said, but only "in exchange for the State releasing certain discovery," including Gray's autopsy report, medical records and "all statements made by the defendants."
He did not agree to give the state more time to respond to the motion to remove the case from Baltimore, Mosby said.
Mosby said her office did not agree to "barter" over the documents.
"Because the State intends to seek a protective order to restrict the dissemination of such sensitive discovery in this matter," she wrote, "the State was not willing to so barter, and so no agreement could be reached."
The deadline for the state to respond to the defense motions is June 11. Mosby is asking for an extension until July 10.
"Defendants' Motions in total span over 150 pages, setting forth a multitude of legal arguments and factual allegations that the State intends to answer diligently," she wrote.
Last month, Deputy State's Attorney Michael Schatzow called a defense motion to dismiss the case or have Mosby recused from it "premature, frivolous, illogical, and unsupported by authority when it is not contradicted by authority."
Mosby said the officers would "suffer no prejudice" from an extension because arraignments aren't scheduled in the case until July 2.
The officers' attorneys, in their response, said prosecutors mischaracterized conversations between the sides and failed to provide a reason why an extension is needed. They said the arraignment date has "no impact" on the need for timely responses to their motions.
They noted Mosby's office took less than two weeks to conduct an investigation into the officers, and said they had "deep-seated concerns" about Mosby attending public events such as a Prince concert and a circus and doing interviews with outlets such as Vogue Magazine while the lives and careers of the officers "remain in jeopardy."
"It is the position of the Defendants that they have been unlawfully charged, that the charges are the by-product of a State's Attorney's Office with deep conflicts of interest, and that the charges are mired by prosecutorial misconduct, which is ongoing in nature," the defense attorneys wrote. "These issues are impairing the Defendants' rights of due process — rights which continue to be injured with each passing day."
The attorneys added that time "is not a luxury as the careers, livelihoods, and liberty of the Defendants hang in the balance, four of whom are charged with felonies and thus are no longer receiving the salaries necessary to support themselves and their families."
White, Rice, Goodson and Porter have been charged with felonies.
"It's very disconcerting that six [defense] lawyers were able to write these motions in two weeks, and the state's attorney's office has over 200 or some attorneys and they need an extension," Bates said. "To me, it's almost as if the state's attorney's office is playing games."
Gregg Leslie, legal defense director for the Reporters Committee for Freedom of the Press, said judges sometimes grant gag orders or restrictions on evidence in high-profile cases because they feel the heightened scrutiny amounts to a "big headache" for those involved in the case.
But that isn't how the law should work, Leslie said, and Mosby's office should explain why it believes a protective order is warranted — especially considering that Gray's death removed standard concerns about his medical privacy.
"They should have to show there is a compelling state interest served by keeping this confidential, and that their solution is the most narrowly tailored one," Leslie said.
That could include redacting only certain details in the documents, he said.
It's been... how long since the indictment? And the defense attorney still haven't seen the evidence / statement lists that the prosecution is using???
I'd like to believe her when she says she does not want trial by media, but I hope that the defense will have timely access to the evidence to review it before trial
Baltimore State's Attorney Marilyn Mosby plans to seek a protective order that would block the release of Freddie Gray's autopsy report and other "sensitive" documents as she prosecutes the six police officers involved in his arrest.
Mosby told The Baltimore Sun that prosecutors "have a duty to ensure a fair and impartial process for all parties involved" and "will not be baited into litigating this case through the media."
But an attorney for one of the officers said the effort shows that "there is something in that autopsy report that they are trying to hide."
"Mrs. Mosby is the one who did an announcement discussing what she said the evidence was in a nationally televised speech," said Ivan Bates, who represents Sgt. Alicia White. "Now that it is time to turn over the evidence, to ask for a protective order is beyond disingenuous.
"It's as if she wants to do everything to make sure our clients do not get a fair trial."
Gray, 25, died in April after suffering a severe spinal cord injury in police custody. Mosby has charged the officers with violations ranging from misconduct in office to, in one case, second-degree murder.
Baltimore's chief prosecutor declared her intention to seek the protective order in a court filing Monday. She also asked for more time to respond to defense motions that she and her office be removed from the case and that the case be tried outside Baltimore.
The move is the latest effort by Mosby's office to restrict information in the high-profile case. Her office has also sought a gag order to prevent participants from discussing the case in public, and has broken with a long-standing practice by not giving a copy of the autopsy report to Baltimore police.
In a response to Mosby's latest filing, defense attorneys said Wednesday that they have been denied an outline of evidence and claims against the officers, and have not been allowed to inspect a knife that was taken from Gray during his arrest.
Bates said the protective order would allow only prosecutors and defense attorneys to see the documents, and could require the court to seal all new filings that make reference to information in the documents.
In that way, he said, it would be more restrictive than a gag order.
"Nobody would know anything but the state and the defense, so they would totally hide it from the public," Bates said. "If your case is as good as you said it was, why don't you just show the evidence? … You can't holler and say, 'I'm about accountability for the citizens,' and then run around filing for a protective order."
The Sun is one of 19 news organizations contesting Mosby's gag order request.
Gray's death on April 19, amid a national debate over police brutality, touched off days of protests. On the day of his funeral, the city erupted into several hours of riots, arson and looting.
Mosby filed charges against the officers on May 1 based on what she said was an independent investigation conducted by her office. A grand jury indicted White, Lt. Brian Rice and Officers Caesar Goodson, William Porter, Edward Nero and Garrett Miller three weeks later.
In her filing Monday, Mosby said prosecutors had "attempted to reach an agreement" with defense attorney Michael Belsky for more time to respond to the defense motions. Belsky is defending Rice and serving as the "designated contact attorney" for all of the officers.
Belsky agreed to give the state more time to respond to defense motions to dismiss the case, Mosby said, but only "in exchange for the State releasing certain discovery," including Gray's autopsy report, medical records and "all statements made by the defendants."
He did not agree to give the state more time to respond to the motion to remove the case from Baltimore, Mosby said.
Mosby said her office did not agree to "barter" over the documents.
"Because the State intends to seek a protective order to restrict the dissemination of such sensitive discovery in this matter," she wrote, "the State was not willing to so barter, and so no agreement could be reached."
The deadline for the state to respond to the defense motions is June 11. Mosby is asking for an extension until July 10.
"Defendants' Motions in total span over 150 pages, setting forth a multitude of legal arguments and factual allegations that the State intends to answer diligently," she wrote.
Last month, Deputy State's Attorney Michael Schatzow called a defense motion to dismiss the case or have Mosby recused from it "premature, frivolous, illogical, and unsupported by authority when it is not contradicted by authority."
Mosby said the officers would "suffer no prejudice" from an extension because arraignments aren't scheduled in the case until July 2.
The officers' attorneys, in their response, said prosecutors mischaracterized conversations between the sides and failed to provide a reason why an extension is needed. They said the arraignment date has "no impact" on the need for timely responses to their motions.
They noted Mosby's office took less than two weeks to conduct an investigation into the officers, and said they had "deep-seated concerns" about Mosby attending public events such as a Prince concert and a circus and doing interviews with outlets such as Vogue Magazine while the lives and careers of the officers "remain in jeopardy."
"It is the position of the Defendants that they have been unlawfully charged, that the charges are the by-product of a State's Attorney's Office with deep conflicts of interest, and that the charges are mired by prosecutorial misconduct, which is ongoing in nature," the defense attorneys wrote. "These issues are impairing the Defendants' rights of due process — rights which continue to be injured with each passing day."
The attorneys added that time "is not a luxury as the careers, livelihoods, and liberty of the Defendants hang in the balance, four of whom are charged with felonies and thus are no longer receiving the salaries necessary to support themselves and their families."
White, Rice, Goodson and Porter have been charged with felonies.
"It's very disconcerting that six [defense] lawyers were able to write these motions in two weeks, and the state's attorney's office has over 200 or some attorneys and they need an extension," Bates said. "To me, it's almost as if the state's attorney's office is playing games."
Gregg Leslie, legal defense director for the Reporters Committee for Freedom of the Press, said judges sometimes grant gag orders or restrictions on evidence in high-profile cases because they feel the heightened scrutiny amounts to a "big headache" for those involved in the case.
But that isn't how the law should work, Leslie said, and Mosby's office should explain why it believes a protective order is warranted — especially considering that Gray's death removed standard concerns about his medical privacy.
"They should have to show there is a compelling state interest served by keeping this confidential, and that their solution is the most narrowly tailored one," Leslie said.
That could include redacting only certain details in the documents, he said.
It's been... how long since the indictment? And the defense attorney still haven't seen the evidence / statement lists that the prosecution is using???
o.O
Criminal procedure is different than civil procedure. Discovery is much different, but they can't hide evidence. Well they often do, but thats a different thread.
-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
-TBone the Magnificent 1999-2014, Long Live the King!
Baltimore State's Attorney Marilyn Mosby plans to seek a protective order that would block the release of Freddie Gray's autopsy report and other "sensitive" documents as she prosecutes the six police officers involved in his arrest.
Mosby told The Baltimore Sun that prosecutors "have a duty to ensure a fair and impartial process for all parties involved" and "will not be baited into litigating this case through the media."
But an attorney for one of the officers said the effort shows that "there is something in that autopsy report that they are trying to hide."
"Mrs. Mosby is the one who did an announcement discussing what she said the evidence was in a nationally televised speech," said Ivan Bates, who represents Sgt. Alicia White. "Now that it is time to turn over the evidence, to ask for a protective order is beyond disingenuous.
"It's as if she wants to do everything to make sure our clients do not get a fair trial."
Gray, 25, died in April after suffering a severe spinal cord injury in police custody. Mosby has charged the officers with violations ranging from misconduct in office to, in one case, second-degree murder.
Baltimore's chief prosecutor declared her intention to seek the protective order in a court filing Monday. She also asked for more time to respond to defense motions that she and her office be removed from the case and that the case be tried outside Baltimore.
The move is the latest effort by Mosby's office to restrict information in the high-profile case. Her office has also sought a gag order to prevent participants from discussing the case in public, and has broken with a long-standing practice by not giving a copy of the autopsy report to Baltimore police.
In a response to Mosby's latest filing, defense attorneys said Wednesday that they have been denied an outline of evidence and claims against the officers, and have not been allowed to inspect a knife that was taken from Gray during his arrest.
Bates said the protective order would allow only prosecutors and defense attorneys to see the documents, and could require the court to seal all new filings that make reference to information in the documents.
In that way, he said, it would be more restrictive than a gag order.
"Nobody would know anything but the state and the defense, so they would totally hide it from the public," Bates said. "If your case is as good as you said it was, why don't you just show the evidence? … You can't holler and say, 'I'm about accountability for the citizens,' and then run around filing for a protective order."
The Sun is one of 19 news organizations contesting Mosby's gag order request.
Gray's death on April 19, amid a national debate over police brutality, touched off days of protests. On the day of his funeral, the city erupted into several hours of riots, arson and looting.
Mosby filed charges against the officers on May 1 based on what she said was an independent investigation conducted by her office. A grand jury indicted White, Lt. Brian Rice and Officers Caesar Goodson, William Porter, Edward Nero and Garrett Miller three weeks later.
In her filing Monday, Mosby said prosecutors had "attempted to reach an agreement" with defense attorney Michael Belsky for more time to respond to the defense motions. Belsky is defending Rice and serving as the "designated contact attorney" for all of the officers.
Belsky agreed to give the state more time to respond to defense motions to dismiss the case, Mosby said, but only "in exchange for the State releasing certain discovery," including Gray's autopsy report, medical records and "all statements made by the defendants."
He did not agree to give the state more time to respond to the motion to remove the case from Baltimore, Mosby said.
Mosby said her office did not agree to "barter" over the documents.
"Because the State intends to seek a protective order to restrict the dissemination of such sensitive discovery in this matter," she wrote, "the State was not willing to so barter, and so no agreement could be reached."
The deadline for the state to respond to the defense motions is June 11. Mosby is asking for an extension until July 10.
"Defendants' Motions in total span over 150 pages, setting forth a multitude of legal arguments and factual allegations that the State intends to answer diligently," she wrote.
Last month, Deputy State's Attorney Michael Schatzow called a defense motion to dismiss the case or have Mosby recused from it "premature, frivolous, illogical, and unsupported by authority when it is not contradicted by authority."
Mosby said the officers would "suffer no prejudice" from an extension because arraignments aren't scheduled in the case until July 2.
The officers' attorneys, in their response, said prosecutors mischaracterized conversations between the sides and failed to provide a reason why an extension is needed. They said the arraignment date has "no impact" on the need for timely responses to their motions.
They noted Mosby's office took less than two weeks to conduct an investigation into the officers, and said they had "deep-seated concerns" about Mosby attending public events such as a Prince concert and a circus and doing interviews with outlets such as Vogue Magazine while the lives and careers of the officers "remain in jeopardy."
"It is the position of the Defendants that they have been unlawfully charged, that the charges are the by-product of a State's Attorney's Office with deep conflicts of interest, and that the charges are mired by prosecutorial misconduct, which is ongoing in nature," the defense attorneys wrote. "These issues are impairing the Defendants' rights of due process — rights which continue to be injured with each passing day."
The attorneys added that time "is not a luxury as the careers, livelihoods, and liberty of the Defendants hang in the balance, four of whom are charged with felonies and thus are no longer receiving the salaries necessary to support themselves and their families."
White, Rice, Goodson and Porter have been charged with felonies.
"It's very disconcerting that six [defense] lawyers were able to write these motions in two weeks, and the state's attorney's office has over 200 or some attorneys and they need an extension," Bates said. "To me, it's almost as if the state's attorney's office is playing games."
Gregg Leslie, legal defense director for the Reporters Committee for Freedom of the Press, said judges sometimes grant gag orders or restrictions on evidence in high-profile cases because they feel the heightened scrutiny amounts to a "big headache" for those involved in the case.
But that isn't how the law should work, Leslie said, and Mosby's office should explain why it believes a protective order is warranted — especially considering that Gray's death removed standard concerns about his medical privacy.
"They should have to show there is a compelling state interest served by keeping this confidential, and that their solution is the most narrowly tailored one," Leslie said.
That could include redacting only certain details in the documents, he said.
It's been... how long since the indictment? And the defense attorney still haven't seen the evidence / statement lists that the prosecution is using???
o.O
Criminal procedure is different than civil procedure. Discovery is much different, but they can't hide evidence. Well they often do, but thats a different thread.
Indeed...
All you have to do is look at the official Michael Brown autopsy that obliterated the ongoing narratives.
Well unless illegally hide evidence (which...well again thats another thread) this will come out at actual trial. They cannot hide exculpatory evidence.
Recent DNA and revelations about prosecutor misconduct/FBI controversies are what drove me off of the death penalty. While I agree with it philosophically, I can't realistically.
-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
-TBone the Magnificent 1999-2014, Long Live the King!
5000pts 
6000pts 
3000pts
