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Officers’ attorneys call for prosecutor Mosby’s dismissal in Freddie Gray case

Posted at 5:34 PM, May 08, 2015
and last updated 2015-05-08 18:54:27-04

Attorneys for the six Baltimore police officers charged in the death of Freddie Gray want the case dismissed or State’s Attorney Marilyn Mosby’s office to be taken off the case.

A lengthy motion filed Friday in Baltimore City District Court cites a variety of concerns, including conflicts of interest and questions about the office’s independent investigation.

Earlier this week, Mosby told CNN she would stay on the case.

“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 in the district we live. Where is the conflict?” she said.

The court document spells out five conflicts of interest as reasons for the requests. The attorneys say:

— Mosby and her husband, City Council member Nick Mosby, stand to gain financially and politically;

— She has personal relationships with potential witnesses;

— Her office took a role investigating the case;

— There is a pending civil lawsuit against her office;

— An attorney for Gray’s family, William Murphy, is a close friend, supporter and a lawyer for Marilyn Mosby.

The motion also says Mosby “egregiously violated” the officers’ rights to due process when she “publicly and with inciting rhetoric” announced the case against the officers by reading every word of the charging documents. The motion also says Mosby’s statements to the young people of Baltimore revealed her political and personal motivation in the case and betrayed the U.S. Constitution and ethical requirements of prosecutors.

Gray was arrested April 12 for possessing an illegal knife and suffered a fatal spinal injury while being transported in a police van to a booking center, Mosby said.

The officers face various charges that could lead to decades in prison.

Officer Caesar R. Goodson Jr., who drove the police van, faces the most serious charge, one count of second-degree depraved-heart murder. If convicted he would face up to 30 years in prison. Other officers have been charged with crimes like involuntary manslaughter or second-degree assault.