A judge had given Mosby until June 26 to respond to three defense motions. In addition to the motion to remove her and her office from the case, defense attorneys have asked that the case be moved away from Baltimore and that it be dismissed because of “prosecutorial misconduct.” (link)
Baltimore’s Special State Attorney Marilyn J. Mosby’s office has responded to defense motion that she should be removed from prosecuting the Baltimore Six. (Full pdf motion below)
An astoundingly petulant, and ideologically-worded, rebuttal motion claiming the accused police officers and their attorneys distort facts in the hope “vitriol will trump logic.”
Notably absent, actually glaringly absent, from the motion is anything relating to a “rough ride” despite numerous references to the construct of negligence in reference to the transport of Freddie Gray.
This excerpt screams petulance -directed at a media audience- and is seriously lacking in any foundation toward the substance of the actual recusal motion itself:
“Mrs. Mosby did not direct the defendants to chase Mr. Gray,” Schatzow wrote. “She did not direct them to arrest him; she did not direct them to handcuff him and place him in a police wagon without putting him in a seat belt, in violation of a [Baltimore Police Department] General Order; she did not direct them to shackle his legs and put him in the wagon on the floor handcuffed and shackled, but not in a seatbelt, in violation of a General Order; she did not direct the defendants to ignore Mr. Gray’s requests for a medic; she did not direct defendants to ignore Mr. Gray’s medical condition; and she did not direct defendants to pick up another individual in the wagon instead of taking Mr. Gray to the hospital.”
Again, this shows evidence of the absurdly weak construct of her case. She is relying on the absence of a seatbelt being the negligent contributory factor; and she is relying on the transport van being ‘the instrument’ used to create a ‘fatal injury’. While simultaneously seeking to hide the results of the autopsy.
Nothing in the above paragraph, which is part of her response motion, has any bearing on her office request to the Baltimore police department to focus additional “actionable” and “measurable” attention to the intersection where Freddie Gray was apprehended.
Another even more glaring omission exists in the response to the conflict of interest she carries with Freddie Gray family attorney William “Billy” Murphy Jr.. Her response argument skips entirely the fact that Murphy was the personal attorney for Marilyn Mosby in prior litigation. Marilyn Mosby is also a client of William Murphy – She/They just skip addressing that conflict entirely.
The Baltimore Sun also has an article HERE