Alan Dershowitz responds to Baltimore State’s Attorney Marilyn Mosby saying her decision was entirely based on politics and “crowd control.”
Dershowitz said “this is a very sad day for justice” and that Mosby acted out of a “desire to prevent riots.” It will be “virtually impossible,” he predicted, for the six officers involved to get a fair trial.
And as for murder charges, Dershowitz said there’s “no plausible, hypothetical, conceivable case for murder” and “this is a show trial.” He predicted that Mosby might get removed as prosecutor and Baltimore citizens may get upset if and/or when they “move to a place with a different demographic.” (link)
Baltimore Head Prosecutor and activist Marilyn Mosby attends a Black Lives Matter protest march with her husband Baltimore Councilman Nick Mosby.
35-year-old political activist and State Attorney, Marilyn Mosby, chose to file charges via direct Criminal Information Probable Cause Affidavit (PCA) as opposed to seeking an indictment via Grand Jury.
However, under Maryland criminal procedure all defendants are ENTITLED to a preliminary hearing within 30 days. At the preliminary hearing a judge will determine whether there is validity to the defendants and the charged felonies.
Even though she originally chose to file charges via Criminal Information, she will still likely try to seek an indictment via a Grand Jury between now and the 30 day window for the preliminary hearing.
Strategically, the indictment, if any, will likely be issued on the eve of the preliminary hearing as a way of preventing the defense from obtaining “free discovery” and notice of the prosecutors trial theory.
The announcement today appears to be PURE POLITICS to appease a mob. Mosby choose the Direct Information route with charges simply to get the six officers arrested right away.
State Attorney Mosby can change the charges before she seeks an indictment before the grand jury approximately 30 days from now. Or, the Grand Jury can refuse some elements of the indictment.
The ACCUSED:
Officer Caesar Goodson Jr., 45: Black Male –
Second-degree depraved murder, manslaughter, second-degree assault, two counts of vehicular manslaughter charges and misconduct in office. $350,000 Bail
Officer William Porter, 25: Black Male –
Involuntary manslaughter, second-degree assault and misconduct in office. $350,000 Bail
Lt. Brian Rice, 41: White Male –
Involuntary manslaughter, two counts of second-degree assault, two counts of misconduct in office and false imprisonment. $350,000 Bail
Officer Edward Nero, 29: White Male –
Two counts of second-degree assault, two counts of misconduct in office and false imprisonment. $250,000 Bail
Officer Garrett Miller, 26: White Male –
Two counts of second-degree assault, two counts of misconduct in office and one false imprisonment charge. $250,000 Bail
Sgt. Alicia White, 30: Black Female –
Involuntary manslaughter, second-degree assault and misconduct in office. $350,000 Bail
The next phase in the ongoing protests is scheduled to continue with a coast to coast efforts this weekend.