D’oh – Yet again, Marilyn Mosby fails to make a legal and intellectual argument that has merit. The judge swatted this “protective order” down rather brutally. Apparently Mosby is unaware of the difference between “probative” and “prejudicial”.
BALTIMORE – A judge has denied the request of State’s Attorney Marilyn J. Mosby to keep attorneys in the Freddie Case from publicizing evidence before the trial.
Mosby, who is prosecuting six police officers in Gray’s death, wanted a court hearing to argue for a protective order that would bar the release of any evidence — or, if the officers’ attorneys agreed, to post all of it online.
Mosby said she was concerned that the defense attorneys would leak only evidence that supported their clients’ defense, jeopardizing the ability to conduct a fair trial.
[…] In a ruling issued Monday, Judge Barry G. Williams rejected Mosby’s request without a hearing. He wrote that the state “does not suggest there is anything in discovery that warrants restricting disclosure.”
“The Court notes that discovery was turned over on June 26, 2015, and as of this date, the court is not aware of the dissemination of any discovery information by Defendants,” Williams wrote. “The only discovery item that has become public as of this date has been information from the autopsy report, and at the time of the alleged disclosure, the report had not been turned over to Defendants.”
Williams concluded that “there simply is no basis in the assertions presented to the court for the broad and extraordinary relief sought in the motion.”
[PREVIOUSLY] A separate motion by Mosby’s office for a gag order on trial participants was struck because of a procedural misstep. It was filed in Circuit Court on May 14, a week before the officers were indicted, and the case was transferred there from District Court.
Mosby’s office refused comment (read more)
