Marilyn Mosby files some additional statements in response to defense requests for substantiation of “probable cause”.
However, the oddly worded response -obviously intentionally obtuse- does not provide much additional detail as to how she can derive legal charges against the Baltimore Six.
To the contrary, if you are following the ongoing construct of her claims, based on her prior sunlight avoidance tactics, you can find additional support for a reasonable belief the ME report is not supporting Mosby’s public assertions. From the Baltimore Sun:
[…] The office of State’s Attorney Marilyn J. Mosby filed the documents in response to motions by the officers’ defense attorneys requesting more information on her reasons for filing the charges.
Gray died in April after suffering a severe spinal cord injury in police custody, according to police and prosecutors. But how he was injured remains unclear. His autopsy results have not been made public.
Mosby’s office has tried to keep that information out of the public eye. Prosecutors sought a gag order in the case, but the motion was opposed by the officers’ attorneys and denied by a judge on procedural grounds.
The defense attorneys had asked for more detail on the murder and manslaughter charges. The prosecutors did not provide it.
“A Bill of Particulars provides due process notice of the charges lodged,” they wrote, “but that process does not entail presenting the State’s case via public, pre-trial pleadings such that the entire possible jury pool has heard, considered, and potentially prejudged the evidence before the first witness has even entered the courthouse.”
[…] In explaining second-degree assault, reckless endangerment and misconduct charges against Goodson, White, Rice and Porter, prosecutors cited the seatbelt.
They said each officer “caused physical harm” to Gray by failing to secure him in the back of the van, and that the van then acted as an “instrumentality” of each of them and “made harmful contact” with Gray.
Prosecutors also referred to the seatbelt in explaining charges of misconduct in office and reckless endangerment against Nero and Miller. In explaining second-degree assault and misconduct charges against Nero and Miller, they said the officers lacked probable cause to arrest Gray.
The state also cited a lack of probable cause in relation to one of two misconduct in office charges against Rice. (read more)
If you read into the emboldened aspect as above, you might come to the same conclusion we have since following the case from the outset.
Specifically, we are confident the ME report contains a statement (in essence) “the fatal injury occurred inside the van”, ergo Mosby is saying the van “acted as an instrument” for the death.
This prosecution framework is, in essence, really a ‘s-t-r-e-t-c-h’ angle because, in order to prop up the accusation she is making, her argument will rely heavily on proving the failure to put a seatbelt on Freddie Gray was: A.) Criminally negligent; and, B.) Reflected a depraved heart with an intent to harm Freddie Gray.